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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
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social, and civic life. The new E.O.
13985 is an update to E.O. 12898
Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994 that directed federal agencies to focus on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities.14 Finally, in a subsequent executive order addressing the global climate crisis E.O. 14008, the BidenHarris Administration formalized their commitment to make EJ a part of the mission of every agency by directing federal agencies to develop programs, policies, and activities to address the disproportionate health, environmental, economic, and climate impacts on disadvantaged communities.15
When the EPA establishes a new or revised NAAQS, the CAA requires the EPA to designate all areas of the U.S. as either nonattainment, attainment, or unclassifiable. This action for El Paso County, Texas and Weld County, Colorado, revises certain designation determinations for the 2015 ozone NAAQS that were identified in the July 10, 2020, court remand. Since these two areas have air quality that do not meet the NAAQS, or have been determined to contribute emissions to such areas, the CAA requires relevant state authorities to initiate appropriate air quality management actions to ensure that all those residing, working, attending school, or otherwise present in those areas are protected, regardless of minority and economic status.
As part of this area designation action, the EPA evaluated a number of EJ
issues, including the demographics of the impacted area, higher susceptibility in response to pollution exposure, and capacity to participate in decision making, as described in this section.
Specifically, the EPA analyzed certain key demographics for both El Paso County, Texas, and Weld County Colorado, as part of the EJ evaluation conducted for this rulemaking effort.
Additionally, the EPA provided the public with information about the air quality in the relevant areas of the country and provided adequate opportunity for public comment on the EPAs proposal.
14 See https www.epa.gov/sites/production/files/
2015-02/documents/exec_order_12898.pdf.
15 Executive Order on Tackling the Climate Crisis at Home and Abroad E.O. 14008, issued January 27, 2021 at https www.whitehouse.gov/
briefing-room/presidential-actions/2021/01/27/
executive-order-on-tackling-the-climate-crisis-athome-and-abroad/.

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Demographics of impacted area. The EPA evaluated the 2019 census data available for El Paso County, Texas and Weld County, Colorado to identify key demographic indicators. These include the percent of the population identifying as people of color 16 as well as the percent of the population identifying as low income.17 In El Paso County, Texas,18 91.1 percent of the population identify as people of color mostly as Hispanic or Latino and 18.8
percent identify as low income. By comparison, 39.7 percent of the population of the state of Texas and 18.5
percent of the nation identify as Hispanic or Latino. In Weld County, Colorado,19 37.6 percent of the population identify as people of color and 8.4 percent of the population identify as low income.20
Higher susceptibility in response to pollution exposure. As discussed in the EPAs EJ Technical Guidance, people of color, low-income populations, and indigenous peoples often experience greater exposure and disease burdens than the general population as a whole, which can increase their susceptibility to adverse health effects from environmental stressors.21 We recognize also that underserved communities can experience reduced access to health 16 By percent identifying as people of color we mean the percent of individuals in a block group who list their racial status as a race other than white alone and/or list their ethnicity as Hispanic or Latino. That is, all people other than non-Hispanic white-alone individuals. The word alone in this case indicates that the person is of a single race, not multiracial. Source: The Census Bureaus American Community Survey 5-year summary estimates.
17 Following the Office of Management and Budgets OMB Statistical Policy Directive 14, the Census Bureau uses a set of money income thresholds that vary by family size and composition to determine who is in poverty. If a familys total income is less than the familys threshold, then that family and every individual in it is considered in poverty. The official poverty thresholds do not vary geographically, but they are updated for inflation using Consumer Price Index CPIU. The official poverty definition uses money income before taxes and does not include capital gains or noncash benefits such as public housing, Medicaid, and food stamps. Source: How the Census Bureau Measures Poverty.
18 The Census Bureau population estimate on July 1, 2019, for El Paso County, Texas from which this data derives was 839,238.
19 The Census Bureau population estimate on July 1, 2019, for Weld County, Colorado from which this data derives was 324,492.
20 The percent of individuals in a block group who list their racial status as a race other than white alone and/or list their ethnicity as Hispanic or Latino. That is, all people other than non-Hispanic white-alone individuals. The word alone in this case indicates that the person is of a single race, not multiracial. Source: The Census Bureaus American Community Survey 5-year summary estimates.
21 Technical Guidance for Assessing Environmental Justice in Regulatory Analysis, Section 4 June 2016 at https www.epa.gov/sites/
production/files/2016-06/documents/ejtg_5_6_16_
v5.1.pdf.

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care, nutritional, and fitness resources, further increasing their susceptibility.
People susceptible to the effects of degraded ambient air include people with asthma, children, older adults, and people who are active outdoors, especially outdoor workers. The resulting adverse respiratory effects can include, e.g., difficulty in breathing, airway inflammation and damage, aggravation of lung diseases, and increased frequency of asthma attacks.22
Exposure to elevated concentrations of nitrogen dioxide a type of NOX
compound and ozone precursor can produce similar adverse health effects to ozone.23 VOC emissions can include listed Hazardous Air Pollutants HAPs that cause or may cause serious health problems such as cancer, and noncancer effects on the lungs and other parts of the respiratory system; on the immune, nervous and reproductive systems; and to organs such as the heart, liver and kidneys.24
Capacity to participate in decision making. The inability to participate in the environmental decision-making process may contribute to disproportionate adverse impacts for underserved communities. Obstacles to participation may include lack of trust;
availability or lack of information;
language barriers and other sociocultural issues; inability to access available communication channels; and limited capacity to access technical and legal resources.
On June 14, 2021, the EPA published a Notice of Availability in the Federal Register, providing EPAs intended designations for the remanded El Paso and Weld Counties and provided a 30day public comment period. The EPA
received comments from a wide range of stakeholders to include small business, industry, environmental groups, governmental planning agencies, county commissioners and the public at large from both areas. All comments received and responses are in the docket for this action.
X. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is exempt from review by the Office of Management and Budget because it responds to the CAA
22 See https www.epa.gov/ground-level-ozonepollution/health-effects-ozone-pollution.
23 See https www.epa.gov/no2-pollution/basicinformation-about-no2.
24 See https www.epa.gov/national-air-toxicsassessment/nata-frequent-questionsbackground1.

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