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

Regulatory Framework

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

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

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

USDOT Order  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 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, 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Defining EJ  USDOT Order 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 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 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 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 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 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

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

Identifying EJ Populations  Use USEPA’s EJSCREEN Tool   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 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  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 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 Presented by the Ohio Department of Transportation

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

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

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

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