environmental justice managing the environmental & project development process presented by the...

Environmental Justice

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Executive Order 12898 Signed February 11, 1994 – President Clinton Federal Actions must address EJ

“To the greatest extent practicable and permitted by law…each Federal agency shall…identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations…”


Regulatory FrameworkTitle VI of the 1964 Civil Rights Act

Federal agencies are required to ensure that no person is excluded from participation in, denied the benefit of, or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color, national origin, age, sex, disability, or religion

Discrimination vs. Discriminatory Effects


Regulatory FrameworkNational Environmental Policy Act of 1969

Stresses importance of providing “all Americans a safe, healthful, productive, and aesthetically pleasing surroundings…”

Provides a requirement for taking a “systematic, inter-disciplinary approach”

Considers environmental and community factors in decision-making


Regulatory FrameworkFederal-Aid Highway Act of 1970

Established a basis for equitable treatment of communities affected by transportation projects

Requires consideration of anticipated impacts: Residences/Businesses Farms Access to Public Facilities Tax Base Other Community Resources


Regulatory Framework Draft Order to Address EJ in Minority Populations

and Low-Income Populations June 29, 1995

USDOT report reaffirmed principles of Title VI Final Order to Address EJ in Minority Populations

and Low-Income PopulationsUSDOT Order 5610.2

October 1, 1999 Complies with Executive Order 12898 (1994)


Title VIEnvironmental Justice

Low-Income

Minority

Race

Color

National Origin

Gender

Religion

Age

Disability


THE BIG PICTURE Avoid, minimize, or mitigate disproportionately

high or adverse effects to human or natural environment

This includes social and economic effects upon minority and low-income populations

Ensure full and fair participation in the transportation decision-making process

To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations


Defining EJ Final USDOT Order 5610.02 on Environmental

Justice constitutes how minority and low-income populations are defined

Any readily identifiable group of minority or low-income persons who live in a geographic proximity, and if circumstances warrant, geographically dispersed/transient persons who will be similarly affected by a proposed DOT program, policy or action


Minority Definition Black - A person having origins in any of the black racial

groups of Africa Hispanic - A person of Mexican, Puerto Rican, Cuban,

Central or South American, or the Spanish culture or origin, regardless of race

Asian American - A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific

American Indian and Alaskan Native - A person having origins in any of the original people of North America and who maintains cultural identification through tribal affiliation or community recognition


Low-Income Definition A median household income that is at or below the

Department of Health and Human Services poverty guidelines


Defining EJ Impacts Disproportionately high and adverse effects on

minority and low-income populations An adverse impact that is:

Predominately borne by a minority and/or a low income population;

OR More severe or greater in magnitude to minority

and/or low-income populations than those to non-minority and/or low-income populations


Adverse Impacts Significant individual or cumulative impacts to human

health or environment Inter-related social and economic effects which may

include, but are not limited to: Bodily impairment, infirmity, illness or death Air, noise, water, and soil contamination Destruction or disruption of man-made or natural

resources Destruction or diminution of aesthetic values Destruction or disruption of community cohesion

or economic vitalityManaging the Environmental & Project Development Process

Presented by the Ohio Department of Transportation

Adverse Impacts Destruction or disruption of public and/or private

facilities and services Vibration Affects employment Displacement of persons, businesses, farms or

nonprofit organizations Increased traffic congestion, isolation, exclusion or

separation of minority or low-income individuals within a community

Denial, reduction, or significant delay in receipt of benefits of programs, policies or activities


Identifying EJ Populations Follow new OES/FHWA guidance in accordance

with Executive Order and FHWA Order 6640.23A Guidance provides a more defined process to ODOT

District Environmental Staff and Consultants Guidance must be followed for all environmental

documents


Identifying EJ Populations Use USEPA’s EJ View Tool

http://epamap14.epa.gov/ejmap/entry.html OES Guidance contains step-by-step

instructions on how to obtain proper data No longer compare city, county, or state data Block Group Data is now used exclusively If Block Group indicates minority or low-income

population of 40% or greater within your project area, answer questions in CE OnLine EJ Tab


Secondary Source DataAmerican Community Survey

www.census.gov/acs Demographic, housing, social and economic data State, city, county, and metropolitan area data Population groups of 65,000 people or more Information provided is an estimate Yearly updates This can be useful for larger EA/EIS projects or when

preparing an EJ Analysis Report


Assessing Low-IncomeDepartment of Health & Human Services

Poverty Guidelines Federal poverty guidelines issued each year in the

Federal Register 2010 data in the USEPA EJ View Tool does not include

block group data for “Below Poverty” populations Use 2000 block group data for “Below Poverty”

populations


Impact Analysis Basis is disproportionate high and adverse impact An EJ population less than 40% within the

proposed project area does not eliminate the possibility of disproportionately high and adverse impacts

An entire project area may meet EJ Guidance criteria Does not necessarily result in impacts


Impact AnalysisWhen evaluating adverse impacts and proportionate

benefits, two questions need to be addressed: What types of impacts are likely to occur? How can the magnitude of negative and positive

impacts be measured? Some can be quantified into measurable units Some are evaluated on the subjective level A matrix comparison should be generated for each

alternative


Disproportionately High & Adverse Impacts

The project can proceed only if: A substantial need exists based upon overall public

interest Benefits far outweigh overall impacts Other reasonable alternatives were evaluated and

eliminated because they would: Have adverse social, economic, environmental or

human health impacts that were more severe Have increased costs of extraordinary magnitude

Typically on CE 4, EA & EIS projects


Public Involvement & EJ Address EJ in Public Involvement Plan (PIP) Include EJ populations in all PI activities Conduct PI in accessible locations Solicit input from and work with EJ populations Discuss adverse affect criteria Establish quantitative and subjective

measurements Discuss mitigation and enhancement options Respond appropriately to comments received


environmental justice managing the environmental & project development process presented by the...

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