Velveta Golightly-Howell USCCR testimony for 1/22/16 Public Briefing
Good morning Commissioners. My name is Velveta Golightly-Howell and I am the Director of
the Office of Civil Rights (OCR) at the Environmental Protection Agency. I thank you for the
privilege of testifying before you today and look forward to sharing with you OCR’s strategically
focused vision to become a model civil rights program. Over the last few years, we have steadily
moved towards that goal, and much positive change has already occurred due to the immense
efforts that OCR, assisted by internal partners, has made.
When my office had the pleasure of meeting with Commission staff members on September 11,
2015, and November 19, 2015, we provided a comprehensive overview of OCR’s strategic plan,
description of new developments to improve the external compliance resolution process, and
responded to data requests pertaining to the complaint docket and External Compliance Activity
Tracking System (EXCATS).
In undertaking a holistic approach to strengthening OCR’s external compliance program, EPA
has developed a draft External Compliance and Complaints Program Strategic Plan for FY 20152020. As we mentioned during our September meeting, the External Compliance Strategic Plan
was issued in draft for informal public comment on September 10, 2015, to promote missioncritical program accountability through measurable goals that will: (1) ensure prompt, effective,
and efficient complaint docket management; (2) enhance OCR’s external compliance program
through proactive compliance reviews, strategic policy development, and engagement of critical
EPA, federal and external partners and stakeholders (e.g., recipients and communities); and (3)
strengthen OCR’s workforce through strategic human capital planning, organizational
development and technology and training to promote a high-performing organization. The
strategic plan is designed to be a living, breathing document that will guide the allocation of
resources, policy development, and interactions with all our partners and stakeholders, while
leaving room for OCR to nimbly make adjustments, as needed. At this time, EPA is reviewing
the comments received and anticipates finalizing the strategic plan in the winter of 2016.
At the same time, to achieve the goal of prompt, effective and efficient docket management, the
EPA has taken a multi-prong approach that includes issuance of a Notice of Proposed
Rulemaking (NPRM), an Interim Draft Case Resolution Manual including a Strategic Case
Management Plan, and deployment of EXCATS, which is OCR’s docket management system.
The issuance of the NPRM, which was published on EPA’s website on December 1, 2015 and in
the Federal Register on December 14, 2015, is the product of years of effort to identify and
evaluate the best practices of other federal agencies regarding their External Compliance and
Complaints Programs. First, EPA began the reevaluation process by examining its external
nondiscrimination regulations to identify what data and information we currently obtain from
recipients. We benchmarked our proposed rule against the regulations of more than twenty other
federal agencies. The NPRM proposes changes to conform the EPA regulations with those of
other federal regulations and is a necessary step for the EPA to improve its external compliance
program.

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 Another necessary step in the evolution of our program was to create a method for OCR staff to
fully utilize the expertise that already exists in the EPA. EPA Orders 4700, Deputy Civil Rights
Officials and 4701, Title VI Management Protocol establish a protocol for processing complaints
of discrimination that brings program and regional offices throughout the agency into a
collaborative process for coordinating and committing the analytical resources, expertise, and
technical support needed to address civil rights compliance. Although OCR retains the primary
authority and responsibility for carrying out the civil rights program, the orders clearly
emphasize a “One-EPA” commitment with the support of a network of Deputy Civil Rights
Officials (DCROs) to support the civil rights mission and ensure its success throughout EPA.
Order 4701 also anticipated that OCR would develop specific procedures to facilitate the
implementation of the protocol.
As a result and to further transform the management of our docket, we created the Draft Interim
Case Resolution Manual (CRM). The CRM is designed to allow OCR, in consultation with
DCROs, to determine and tailor the appropriate resolution path based on the nature, scope and
complexity of the issues presented in each complaint or compliance review. The CRM, which is
consistent with federal best practices, provides OCR with procedural reference and management
tools. For example, the Strategic Case Management Plan includes specific goals or target dates
for ensuring timely and effective processing, (particularly within the first 90-calendar days after
receipt of complaints), and creates accountability for OCR staff by clearly identifying
expectations. At the same time, the entire CRM provides an outline of what is anticipated to
occur at various steps of processing correspondence, complaints and compliance reviews. In
addition, the publication of the CRM on our website on December 1, 2015, provides a degree of
transparency because such information was not previously readily accessible to the public in one
unified document.
To improve our electronic record management system, EPA initiated the design and
development of EXCATS, which is an electronic case and document management system
designed to track and manage OCR’s External Compliance and Complaints Program work. The
EXCATS system allows OCR management and case managers to monitor how investigations
progress at critical phases and facilitates management and retention of case-related documents.
The new system will also enhance OCR’s ability to analyze complaint and issue trend data that is
critical for accountability as well as for proactive enforcement and planning purposes. EXCATS
became operational in September 2015. OCR is currently in the process of making EXCATS
fully functional. We believe that consistent use of this tool will improve the management of our
docket and provide a comprehensive database for accountability and essential future planning.
Another of OCR’s equally important responsibilities is providing technical assistance to EPA
recipients and conducting oversight through compliance reviews. To this end, this winter, OCR
will release a Civil Rights Compliance Toolkit. The Toolkit will help all recipients of EPA
financial assistance, including states, to understand their legal obligations, such as, the necessary
elements of a compliance program and the general framework for analyzing claims of
discrimination. Much of what will be contained in the Toolkit likely will be familiar to any
recipient who has previously received federal financial assistance because it will largely be
drawn from publically available DOJ and other federal agencies’ manuals. EPA is working with
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 external partners in an effort to include some information about environmental discrimination
complaints. At the same time, EPA is conducting a pilot project with a state recipient to provide
technical assistance regarding the establishment of the administrative regulatory framework of its
civil rights compliance program. The administrative requirements include such elements as
notices of nondiscrimination, grievance procedures, nondiscrimination coordinators, and policy
and procedures to provide meaningful access to limited English proficient community members.
We fully anticipate that assisting recipients to put these administrative elements into place will
be a priority and initial focus of our technical assistance and/or compliance reviews.
At the same time, EPA is reinvigorating its efforts to provide information to not only recipients
but also complaints and other external stakeholders. For example, OCR is in the process of
revamping our external website to make it easier for the public to quickly obtain information
about the nondiscrimination complaint process; EPA’s external policies and guidance, (such as
the guidance related to providing meaningful access to limited English proficiency communities
and public participation); and new developments in the External Complaints and Compliance
Program.
As I have previously discussed with your staff, none of the allegations accepted for investigation
in OCR’s current external civil rights compliance docket concern coal ash. As a result, while I
am happy to share whatever information I can, some questions may relate to matters regarding
issues which I do not have subject matter expertise. Indeed, as I mentioned previously, to the
extent that a civil rights complaint concerns other EPA programs or initiatives, I and my staff
rely upon the substantial expertise of DCROs and their staff. For this reason, I feel fortunate to
share the podium with Betsy Devlin from the Office of Solid Waste and Emergency Response
who has knowledge about the EPA’s coal ash regulations and Mustafa Ali from the Office of
Environmental Justice who has substantial knowledge of Executive Order 12,898.
While there is still much more work for us to do to create the program that we both want and the
public deserves, there is no doubt that everyone in EPA, from senior leadership to staff, is
committed to working together to improve our external civil rights compliance program.
Accordingly, I appreciate this opportunity to update you on the significant strides made in our
external program and to participate in this hearing.

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