(Revised January 2020)

PROCEDURAL SAFEGUARDS CHECKLIST FOR RECIPIENTS

Federal Non-Discrimination Laws: Collectively, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of 1975, Section 13 of Federal Water Pollution Control Act of 1972, and Title IX of the
Education Amendments of 1972; and EPA’s implementing non-discrimination regulations at 40 C.F.R. Parts 5 and 7.
Item Yes, with Supporting In Progress No
Documentation
Notice of Non-Discrimination under the Federal Non-Discrimination Laws2
(See Attachment for recommended text of notice.)
Post the non-discrimination notice in a prominent place:
• in your offices and facilities
• on your website’s homepage
• in general publications distributed to the public
Ensure the non-discrimination notice
• is accessible to limited-English proficient individuals and
individuals with disabilities
• clearly identifies the non-discrimination coordinator, including
name and contact information
Grievance Procedures to Process Discrimination Complaints filed under the Federal Non-Discrimination Laws3
Adopt grievance procedures that are prominently published4 in print and
online and that:
• clearly identify the non-discrimination coordinator, including name
and contact information

1
This Checklist is provided for the purpose of providing technical assistance to assist Recipients in complying with federal non-discrimination laws. See 40
C.F.R. § 7.105. It is not intended as legal advice. Also, while EPA has made every effort to ensure the accuracy of the information discussed in this Checklist,
the relevant statutes, regulations, and other legally binding requirements determine Recipient’s obligations as a recipient. In the event of a conflict between the
Checklist and any federal non-discrimination law, the Checklist would not control.
2
40 C.F.R. § 7.95(a); 40 C.F.R. § 5.140.
3
40 C.F.R. § 7.90; 40 C.F.R. § 5.135(b).
4
40 C.F.R. § 5.135(b).
 Item Yes, with Supporting In Progress No
Documentation
• explain the role of the non-discrimination coordinator relative to the
coordination and oversight of the grievance procedures
• state who may file a complaint under the grievance procedures and
describe the appropriate bases for filing a complaint
• describe which formal and informal processes are available, and the
options for complainants in pursuing either
• state that the preponderance of the evidence standard will be applied
during the analysis of the complaint
• contain assurances that intimidation and retaliation are prohibited5
and that claims of intimidation and retaliation will be handled
promptly and fairly pursuant to your grievance procedures in the
same manner as other claims of discrimination
• assure the prompt and fair resolution of complaints which allege
violation of federal non-discrimination laws
• state that written notice will be promptly provided about the
outcome of the investigation, including whether discrimination is
found and the description of the investigation process6
• are reviewed on an annual basis (for both in-print and online
materials), and revised as necessary, to ensure prompt and fair
resolution of discrimination complaints
Non-Discrimination Coordinator7
Designate at least one non-discrimination coordinator to ensure compliance
with the federal non-discrimination laws, who will:
• provide information to individuals internally and externally that you
do not discriminate on the basis of race, color, national origin,

5
See 40 C.F.R. § 7.100.
6
Whether ECRCO would consider a recipient’s complaint investigation and resolution to be “prompt” will vary depending on the complexity of the investigation
and the severity and extent of the alleged discrimination. For example, the investigation and resolution of a complaint involving multiple allegations and
multiple complainants likely would take longer than one involving a single allegation of discrimination and a single complainant.
7
40 C.F.R. § 7.85(g): 40 C.F.R. § 5.135(a).
2
 Item Yes, with Supporting In Progress No
Documentation
disability, age, or sex in administration of your programs or
activities, and you do not intimidate or retaliate against any
individual or group because they have exercised their rights to
participate in or oppose actions protected/prohibited by 40 C.F.R.
Parts 5 and 7, or for the purpose of interfering with such rights
• provide notice of your formal and informal grievance processes and
the ability to file a discrimination complaint
• establish a mechanism (e.g., an investigation manual) for
implementation of your grievance procedures to ensure that all
discrimination complaints filed with you under federal non-
discrimination laws are processed promptly and fairly. One element
of any policy and procedure or mechanism must include providing
meaningful access for limited-English proficient individuals and
individuals with disabilities to your programs and activities
• track all complaints filed with you under federal non-discrimination
laws, including any patterns or systemic problems
• conduct semiannual reviews of all formal and informal
discrimination complaints filed with you under federal non-
discrimination laws and/or any other complaints independently
investigated by you to identify and address any patterns or systemic
problems
• ensure that appropriate training is provided for your staff in the
formal and informal processes available to resolve complaints filed
with you under federal non-discrimination laws
• provide or procure training services for your staff to ensure that they
are appropriately trained on your non-discrimination policies and
procedures, as well as the nature of your obligation to comply with
federal non-discrimination laws
• ensure that complainants are updated on the progress of their
discrimination complaints filed with you under federal non-

3
 Item Yes, with Supporting In Progress No
Documentation
discrimination laws and promptly informed as to any determinations
you have made
• undertake periodic evaluations of the efficacy of your efforts to
provide services, aids, benefits, and participation in any of your
programs or activities without regard to race, color, national origin,
disability, age, sex or prior exercise of rights or opposition to
actions protected under federal non-discrimination laws
• not have other responsibilities that create a conflict of interest (e.g.,
serving as your non-discrimination coordinator as well as your legal
advisor or representative on civil rights issues)
Public Participation
Ensure your public involvement process is available to all persons
regardless of race, color, national origin, disability, age, sex or prior
exercise of rights or opposition to actions protected under federal non-
discrimination laws.
Ensure that the factors used to determine the appropriate time, place,
location, duration, and security at public meetings are developed and
applied in a non-discriminatory manner.
Develop, publicize and implement written public participation procedures
(consistent with EPA’s Public Participation Guidance found at 71 FR
14207, 14210 (March 21, 2006)), that include implementation of steps for
effective public participation that is accessible to all persons regardless of
race, color, national origin (including LEP), disability, age, and sex each
time you engage in a public participation or public involvement process.
For example:
• develop a description of the community (including demographics,
history, and background)
• provide a contact list of your relevant staff members, including
phone numbers and email addresses, to allow the public to
communicate via phone or internet

4
 Item Yes, with Supporting In Progress No
Documentation
• develop a list of past and present community concerns (including
any complaints filed under the federal non-discrimination laws)
• develop and implement a detailed plan of action (outreach activities)
you will take to address concerns
• develop and implement a contingency plan for unexpected events
• identify location(s) where public meetings will be held (consider the
availability and schedules of public transportation)
• develop a list of contact names for obtaining language assistance
services for limited-English proficient persons, including translation
of documents and/or interpreters for meetings
• develop a list of appropriate local media contacts (based on the
culture and linguistic needs of the community)
• provide the location of the information repository
Meaningful Access to Programs and Activities for Persons with Limited English Proficiency
Conduct an appropriate analysis described in EPA’s LEP Guidance, found
at 69 FR 35602 (June 25, 2004) and http://www.lep.gov, to determine what
language services or mix of language services you need to provide to
ensure that limited-English proficient individuals can meaningfully
participate in your programs and activities, and
• develop a language access plan consistent EPA’s LEP Guidance
• develop, publicize, and implement written procedures to ensure
meaningful access to all your programs and activities for all
persons, including access for limited-English proficient individuals
• translate vital documents of general interest into prominent
languages
• translate vital documents of individual interest to LEP individuals
• provide for simultaneous oral interpretation of live proceedings
(e.g., town hall meetings and public hearings) in prominent
languages

5
 Item Yes, with Supporting In Progress No
Documentation
• provide for simultaneous interpretation of proceedings, meetings,
etc., for individual LEP person participating in one of your
programs or activities (e.g., a LEP individual wishing to file a
grievance or complaint)
Meaningful Access to Programs and Activities for Persons with Disabilities
Develop, publicize and implement written procedures to ensure meaningful
access to your programs and activities for individuals with disabilities that:
• provide, at no cost, appropriate auxiliary aids and services,
including but not limited to, qualified interpreters to individuals
who are deaf or hard of hearing, and to other individuals as
necessary to ensure effective communication and an equal
opportunity to participate fully in the benefits, activities, programs
and services provided by you in a timely manner and in such a way
as to protect the privacy and independence of the individual
• ensure that your facilities and other facilities utilized by you (e.g., if
you hold a public hearing at a recreational center) are physically
accessible for individuals with disabilities

6
ATTACHMENT – NOTICE OF NON-DISCRIMINATION RECOMMENDED TEXT

[Recipient Name] does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its
programs or activities, and, [Recipient Name] does not intimidate or retaliate against any individual or group because they have
exercised their rights to participate in actions protected, or oppose action prohibited, by 40 C.F.R. Parts 5 and 7, or for the purpose of
interfering with such rights.

[Insert name and title of non-discrimination coordinator] is responsible for coordination of compliance efforts and receipt of inquiries
concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and 7 (Non-discrimination in Programs or Activities
Receiving Federal Assistance from the Environmental Protection Agency), including Title VI of the Civil Rights Act of 1964, as
amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title IX of the Education Amendments
of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter referred to collectively as the
federal non-discrimination laws).

If you have any questions about this notice or any of [Recipient Name]’s non-discrimination programs, policies or procedures, you
may contact:

[Insert name and title of non-discrimination coordinator]

If you believe that you have been discriminated against with respect to a [Recipient Name] program or activity, you may contact the
[insert title of non-discrimination coordinator] identified above or visit our website at [insert Recipient website address] to learn how
and where to file a complaint of discrimination.