Environmental Justice Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Executive Order  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…” Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Regulatory Framework 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 religion  Discrimination vs. Discriminatory Effects Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Regulatory Framework National 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Regulatory Framework Federal-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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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 Populations  USDOT Order  October 1, 1999  Complies with Executive Order (1994) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Title VI Environmental Justice Low- Income Minority Race Color National Origin Gender Religion Age Disability Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Defining EJ  Final USDOT Order 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Low-Income Definition  A median household income that is at or below the Department of Health and Human Services poverty guidelines Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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 vitality Managing 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Identifying EJ Populations  Follow new OES/FHWA guidance in accordance with Executive Order and FHWA Order A  Guidance provides a more defined process to ODOT District Environmental Staff and Consultants  Guidance must be followed for all environmental documents Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Identifying EJ Populations  Use USEPA’s EJ View Tool   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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Secondary Source Data American Community Survey  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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Assessing Low-Income Department 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Impact Analysis When 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation