Emergency ICR Justification Memo

August 23, 2024
MEMORANDUM
SUBJECT:

Emergency Review of Information Collection Request (ICR) for the Environmental Justice
Thriving Communities Grantmaking Program Applications for Subawards – September
Launch (OMB Control Number 2035-NEW; EPA ICR Number 7787.01)

FROM:

Theresa Segovia, Principal Deputy Assistant Administrator
Office of Environmental Justice and External Civil Rights

THRU:

Courtney Kerwin, Director
Information Engagement Division
Office of Mission Support

TO:

OMB Desk Officer for EPA’s Office of Environmental Justice and External Civil Rights
Office of Information and Regulatory Affairs
Office of Management and Budget

THERESA
SEGOVIA

Digitally signed by
THERESA SEGOVIA
Date: 2024.08.23
09:57:38 -04'00'

Pursuant to section 3507(j) of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), as
implemented in the Office of Management and Budget (OMB) regulations at 5 CFR §1320.13, the
Environmental Protection Agency (EPA) is hereby requesting emergency processing of a proposed
information collection, the Environmental Justice Thriving Communities Grantmaking Program
Applications for Subawards – September Launch.
EPA’s Environmental Justice Thriving Communities Grantmaking Program provides $600 million in 11
cooperative agreements funding to “Grantmakers” who will distribute competitive and noncompetitive
subaward to eligible entities in order to address environmental justice issues in underserved
communities. The Grantmaking program aims to (1) increase efficiency and reduce barriers to
accessing federal grant funding; (2) support local capacity-building through assessment, planning, and
project development; and (3) encourage meaningful involvement of community members in decisionmaking that affects their communities.
Below, we explain how this request meets the criteria for emergency clearance under 5 CFR 1320.13
(a)-(d).

Information Collection Activities Involved in this Emergency Request
In order to distribute subawards, the Grantmakers must solicit applications from eligible entities. These
information collections will enable the Grantmakers to verify the eligibility of the applicants for the
subaward; the alignment between the proposed project and the goals of the Environmental Justice
Thriving Communities Subgrants Program and the EPA; and the feasibility and appropriateness of the
planned activities and outcomes given the proposed budget, staffing plan, partners, and other aspects
of the plan.
EPA is applying for emergency ICR clearance for three Grantmakers to begin their first round of
solicitation for applications for the subaward program, because the time between the Grantmakers
award and the launch of their subaward program (3 months) does not allow sufficient time to obtain
PRA clearance using the standard ICR process (which typically takes 6-9 months).
The rationale for requesting emergency clearance is based on 44 U.S.C. 3507(j)(2) and 5 CFR
1320.13(a)(2)(iii): “The use of normal clearance procedures is reasonably likely to prevent or disrupt the
collection of information or is reasonably likely to cause a statutory or court ordered deadline to be
missed” (emphasis added). If EPA were to obtain standard clearance for the first round of applications
(August – October 2024), then the Grantmakers would not be able to launch their subaward programs
on the planned dates. This would create delays in providing this first round of subawards, which leave
the Grantmakers less time to develop and award subsequent rounds of funding within the program.
Reducing the total number of funding cycles is not consistent with the environmental justice principles
that underpin the program’s primary objective, for the Grantmakers to increase efficiency and reduce
barriers to federal funds for disadvantaged communities.
The current request for Emergency clearance covers three Grantmakers who plan to launch their
subaward programs in September 2024. The rationale for this request is the same as EPA’s earlier
Emergency ICR submission (OMB Control Number = 2090-0035, EPA ICR Number = 7780.01) on behalf
of two other Grantmakers to launch subaward programs in August 2024. OMB/OIRA approved this
request on August 1, 2024 after consulting with Counsel, with the stipulation that EPA will submit a
standard ICR following normal clearance procedures to cover all other information collection activities
in the program, including future rounds of subaward applications that Grantmakers are expected to
collect from January 2025 through December 2027. The current emergency clearance request is
consistent with these terms, as we are requesting coverage for three new Grantmakers’ first round of
subaward applications to begin in September 2024. Multiple Emergency ICR packages are needed
because the Grantmakers are all launching their programs at different times, based on the different
dates that they received their initial awards. EPA is currently developing the standard ICR package that
will authorize future rounds of subaward applications starting in January 2025.
Information Collection is Essential to the Mission of the Agency
If the information requested under this emergency clearance were not collected, EPA would have no
mechanism for selecting and distributing subaward grants. Without this activity, the central
programmatic objectives of the Environmental Justice Thriving Communities Grantmaking Program
2

cannot be met. This will significantly undermine efforts to carry out EPA’s and the Administration’s
commitment to design and implement environmental justice projects that deliver relevant and useful
benefits to local communities have been historically underserved and overburdened by pollution and
other environmental problems.
EPA recognizes the importance of balancing the need for data collection efforts against respondent
burden and costs. Participation in the Environmental Justice Thriving Communities Subgrants Program
is voluntary, and thus entities who elect to submit a funding application to the Grantmakers are
assumed to have determined that the expected benefits of participation outweigh any burden
associated with preparing the responses. As described in Supporting Statement A, each Grantmaker
will design the content, format, and collection method of the application in order to minimize burden
on respondents as much as possible.

EPA Cannot Reasonably Comply with the Normal Clearance Procedures:
Summary Description Using a Grantmaker Example from This Group
The Region 10 Grantmaker, Philanthropy Northwest, received their initial award (batch of funding) on
June 14, 2024. Before receiving this initial award, Philanthropy Northwest did not work on specific
project activities (e.g., developing grant applications), as there was no funding provided to support the
work. As soon as the PNW received their initial award they began work on developing the materials for
their subaward program. On August 22, 2024, 48 working days after the initial award date, EPA
finalized the Emergency ICR package that includes Philanthropy Northwest’s application materials and
prepared it for publication in the Federal Register and submission to OMB.
It was not possible for EPA to develop and submit an ICR package earlier because Philanthropy
Northwest could only start work on the application materials after receiving their initial awards. The
program design requires all Grantmakers to develop their own subaward application materials. From
mid June to late July, Philanthropy Northwest consulted with their Advisory Group and community
stakeholders consistent with their grant workplans and in alignment with the Justice40 Initiative which
commits EPA to environmental justice and meaningful involvement as described in Executive Order
14008 (Tackling the Climate Crisis at Home and Abroad) and Executive Order 14096 (Revitalizing Our
Nation’s Commitment to Environmental Justice for All). Furthermore, Philanthropy Northwest must
develop bespoke application materials that address the priorities and needs of the local communities
they serve and the stakeholders with whom they are partnering.
To ensure EPA compliance with EPA’s policy for interpreting the Federal Grant and Cooperative
Agreement Act (FGCCA), Philanthropy Northwest, as a cooperative agreement award recipient, must
make the final decisions on the content of important documents such as subaward application
materials. EPA must allow Philanthropy Northwest to determine what the structure and content of the
subaward application materials as opposed to EPA directing Philanthropy Northwest to use a subaward
application form EPA designed. EPA did provide the Philanthropy Northwest with examples and other
tools to help them develop their subaward application materials. While Philanthropy Northwest did
3

take EPA information into consideration, consistent with the requirements of FCAA, and in alignment
with the approach to EJ and meaningful involvement described in Executive Orders 14008 and 14096,
the Grantmakers such as Philanthropy Northwest have the discretion to develop bespoke subaward
applications and procedures for their subgrant program, in order to best meet the needs and priorities
of the local communities that they serve.
EPA is requesting Emergency clearance for Grantmakers to launch their subaward programs and
publish a call for the first round of applications, because it is essential that this initial work take place
as early as possible in the award period. Under this program, Philanthropy Northwest and the other
Grantmakers need to engage in multiple subaward processes, not just one, before the end of the 3year performance period. This is because the small and capacity-constrained entities that will apply for
these awards will typically be first-time grantees who cannot absorb funds quickly, because they need
time and technical assistance, etc. The process has to be slow and steady, rather than a single plug of
funding. These sub-awardees are organizations that likely have never received a federal grant before.
Therefore, we need to do at least 2, preferably 3, subaward processes. EPA’s experience with the
Environmental Justice Community Change Grant Program’s technical assistance is that most
communities need a tremendous amount of time and support to develop project ideas and budgets.
EPA Has Taken All Practicable Steps to Consult with Relevant Parties in Order to Minimize Burden
Each Grantmaker developed estimates of burden hours and costs based on their staff members’ (direct
or indirect) knowledge of administering similar award competitions. Furthermore, the Grantmakers
discussed their application materials and procedures with fewer than nine organizations who represent
the range of eligible entities that are likely to apply for subaward grants. These consultations included
discussions concerning potential response problems, clarity of questions and instructions, and other
aspects of respondent burden.
Requested Approval Date for Emergency Clearance
EPA seeks to work with OMB to obtain approval for this emergency clearance before the target date
(September 16, 2024) for the launch of the Grantmakers’ subaward programs.
If you have any questions or need anything further, please contact Courtney Kerwin
([email protected]), Aarti Iyer ([email protected]), and Marisa Valdez
([email protected]).
cc: Katherine Dawes, EPA Evaluation Officer
Richard Allen, EPA Chief Data Officer

4