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

Regulatory Framework

Executive Order 12898

Issued by President Clinton in 1994 Directs Federal agencies to assess

impacts of their actions upon EJ populations

“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…”


Title 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 religionDiscrimination vs. Discriminatory Effects


Federal-Aid Highway Act of 1970

Established basis for equitable treatment of communities affected by highway projects

Consider anticipated impacts to: Residences and/or Businesses Farms Access to Public Facilities Tax Base Other Community Resources


USDOT Order 5610.2

Draft Order to Address EJ in Minority Populations and Low-Income Populations

June 29, 1995 USDOT reaffirmed principles of Title

VI

Final Order October 1, 1999 Complies with Executive Order

12898


Title VIEnvironment

al Justice

Low-Income

Minority

Race

Color

National

Origin

Gender

Religion

Age

DisabilityManaging the Environmental & Project Development Process

Presented by the Ohio Department of Transportation

THE BIG PICTURE Avoid, minimize, and/or mitigate

disproportionately high and adverse effects

Includes social and economic effects

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

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


Defining EJ USDOT Order 5610.02 defines

minority and low-income populations: 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 effect 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 impacts

which may include, but 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


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


ODOT’s EJ Guidance

Ensures the directives of the EO and the FHWA Order are incorporated

Provides a defined process for ODOT District Environmental Staff and Consultants

Must be followed for all environmental documents


Identifying EJ Populations

Use USEPA’s EJSCREEN Tool http://epamap14.epa.gov/ejmap/

entry.html

ODOT’s EJ Guidance contains step-by-step instructions on how to obtain proper data

Do not compare city, county, or state data Block Group Data is used exclusively If Block Group Data indicates minority or

low-income population of 40% or greater within a project area, answer questions in the EJ Tab of Online CE


Secondary Source Data

American Community Surveywww.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 Can be useful for larger EA/EIS projects or

when preparing an EJ Analysis ReportManaging the Environmental & Project Development Process


Assessing Low-Income

Department of Health & Human Services

Poverty Guidelines Federal guidelines issued each year Federal Register

The EJView Tool does not include 2010 Block Group Data for low-income

Use 2000 data Census Bureau uses the term “Below

Poverty”Managing the Environmental & Project Development Process


Impact Analysis Basis is disproportionately high and

adverse EJ populations less than 40% within a

proposed project area does not necessarily eliminate the possibility of disproportionately high and adverse impacts Conduct appropriate PI activities

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


Impact AnalysisWhen evaluating disproportionate and

adverse impacts, two questions need to be addressed:

What types of impacts are likely to occur?

How can/will the magnitude of negative and positive impacts be measured?

Can be quantified into measurable units Can be evaluated on a subjective level Create a matrix comparison for each

alternativeManaging the Environmental & Project Development Process


Disproportionate Highand Adverse Impacts

A project can only proceed if: Substantial needs exist based on public

interest Benefits far outweigh overall impacts Other reasonable alternatives were

evaluated and eliminated based on: Severe social, economic, and

environmental or human health impacts Increase costs of extraordinary

magnitude


Public Involvement

Include and engage EJ populations Solicit input Detail efforts in PI Plan (if one is needed)

Conduct meetings in accessible locations Discuss adverse effects, if applicable Quantify impacts Discuss mitigation and enhancement

options Respond appropriately to comments

received


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