Welcome to Community Solutions: NEPA & EJ: Leveraging Federal Resources to Advance Community Environmental, Economic and Health Vitality “A Focus on Promising Practices for EJ Methodologies in NEPA Reviews” (2016) Presented by the NEPA Committee of the Federal Interagency Working Group on Environmental Justice (IWG EJ) July 11, 2017 , Washington, D.C. (Not for Public Release)

Presenters: Suzi Ruhl Past Co-chair, NEPA Committee Senior Attorney Advisor Office of Environmental Justice U.S. Environmental Protection Agency Denise Freeman Co-chair, NEPA Committee Environmental Protection Specialist Office of NEPA Policy and Compliance U.S. Department of Energy Cynthia Huber Co-chair, NEPA Committee Senior Counsel Environment and Natural Resources Division U.S. Department of Justice Presented by the NEPA Committee of the Federal Interagency Working Group on Environmental Justice (IWG EJ) July 11, 2017 , Washington, D.C.

Federal Interagency Working Group on Environmental Justice EJ and NEPA Through the Federal Interagency Working Group on Environmental Justice Charter & MOU (2011) NEPA Committee Purpose: Improve effective, efficient and consistent consideration of EJ in the NEPA process Share promising practices/lessons learned developed by federal government NEPA practitioners Provide cross agency training on EJ and NEPA

Community Benefits through NEPA and Environmental Justice Promote healthy and sustainable communities and harmony between man and nature, for present and future generations Analyze, inform and engage public on environmental, social and economic conditions Common Themes EJ and NEPA Avoid, minimize, or mitigate significant and/or disproportionately high and adverse human health and environmental effects Prevent the denial, reduction, or significant delay in the receipt of benefits by minority and low-income populations Environmental Reviews Federally funded projects must consider Environmental Impact Statement Environmental Assessment Categorical Exclusion Environmental Justice Should be considered in Agency decisions NEPA requires Federal Agencies to consider impacts to environment and human health in decision making on federal actions Assessment Alternatives Mitigation NEPA stresses meaningful public participation by impacted populations

The Current “Gold” Standard

Elements of Promising Practices In evaluating a federal agency action under NEPA, Agencies should consider environmental justice implications: Meaningful Engagement Scoping Define the Affected Environment

Elements of Promising Practices Identify Low Income and Minority Populations Develop Alternatives Impacts Analysis Identify Disproportionately High and Adverse Impacts (DHAI) Mitigation and Monitoring

Role of the Department of Energy During the development of the Promising Practices: Subcommittees Community of Practice Education Chair, Affinity Group, Disproportionately High and Adverse Impacts (DHAI) After the development of the Promising Practices: Federal Interagency Liaison/Senior Advisor in EPA’s Office of EJ (two-120 day details) Presentation Team: DOI, FAA, DOJ, USDA, DOE/HQ, DOE/WAPA (Phoenix), NEJC 2015 & 2017 Present: DOE is co-chair, NEPA Committee (as of January 2017)

DOE’s Implementation of Promising Practices Published several articles in NEPA Lessons Learned Quarterly Report Conducted ”NEPA and EJ” Panel at DOE’s 2016 NEPA Compliance Officers Meeting (September 2016) Conducted an EJ and NEPA Training at DOE/HQ (November 2016) Conducted an EJ and NEPA Training at DOE’s Western Area Power Administration (Phoenix, AZ)(January 2017) A total of 11 recent EISs and 2 EAs were reviewed. This analysis was not an exhaustive review of each of the nine promising practices categories, nor was it a thorough assessment of which of the promising practices were used, but rather presents examples where the promising practices were used well and where DOE was guided by stakeholder and public feedback to provide for better consideration of EJ in the NEPA process.

DOE’s Implementation of Promising Practices—Next Steps Pre-Promising Practices Lens: no DHAI Reviewed recent NEPA documents - 11 EISs and 2 EAs for examples of: where Promising Practices were used where stakeholder and public feedback improved consideration of EJ in the NEPA process A total of 11 recent EISs and 2 EAs were reviewed. This analysis was not an exhaustive review of each of the nine promising practices categories, nor was it a thorough assessment of which of the promising practices were used, but rather presents examples where the promising practices were used well and where DOE was guided by stakeholder and public feedback to provide for better consideration of EJ in the NEPA process.

General Findings of Review/ Post-Promising Practices Lens All DOE NEPA documents used and explained the methodologies for identifying minority and low-income populations recommended in the Promising Practices report Many DOE NEPA documents incorporated the Promising Practices regarding “meaningful engagement” and “scoping” into their outreach efforts,” specifically tribal outreach All of the DOE NEPA documents reviewed used and explained the methodologies for identifying minority and low-income populations recommended in the promising practices report. And we briefly review how a few of the EISs identified EJ populations. We will also touch on some of the EISs we reviewed that demonstrated well DOE’s use of the promising practices related to meaningful engagement and scoping in their outreach efforts, specifically in tribal outreach.

General Findings of Review/ Post-Promising Practices Lens Several DOE NEPA documents considered subsistence practices (such as fishing and hunting) in the impact analysis None of the DOE NEPA documents identified disproportionately high and adverse impacts (DHAI) to minority or low-income populations Several DOE NEPA documents demonstrated how DOE considered the subsistence practices (such as fishing and hunting) of minority and low-income populations in the impact analysis. None of the DOE NEPA documents identified disproportionately high and adverse impacts to minority or low-income populations.

DOE Future Activities Continue to co-lead the NEPA Committee Continue to improve the consideration of the Promising Practices during the review of DOE NEPA documents Develop training module(s) on the EJ and NEPA with a focus on the Promising Practices Report Several DOE NEPA documents demonstrated how DOE considered the subsistence practices (such as fishing and hunting) of minority and low-income populations in the impact analysis. None of the DOE NEPA documents identified disproportionately high and adverse impacts to minority or low-income populations.

How are Promising Practices relevant to your Agency? A hypothetical….. A federal project involves a proposed oil and gas development project on federally managed lands adjacent to Tribal lands and a Wilderness area. The project requires increased transportation access to the project site so a 3 mile segment of two-lane road will be converted to a four- lane highway connecting to an Interstate. The roadway expansion goes through a high density, low-income and minority community where there is public housing.

Discussion and Audience Participation Challenges Solutions

Contacts and Resources Denise Freeman: 202-586-7879; Denise.Freeman@hq.doe.gov Cynthia Huber: 202-514-5273; Cynthia.Huber@usdoj.gov Suzi Ruhl: 202-306-7099; Ruhl.Suzi@epa.gov https://www.epa.gov/environmentaljustice/ej-iwg-promising-practices-ej- methodologies-nepa-reviews (Promising Practices Report) https://www.epa.gov/environmentaljustice/environmental-justice-and- national-environmental-policy-act (video on Promising Practices Report) https://www.epa.gov/environmentaljustice/federal-interagency-working- group-environmental-justice-ej-iwg (Federal Interagency Working Group on Environmental Justice) Training on the Promising Practices can be scheduled for your Agency. A National Training product also is being finalized.