ENVIRONMENTAL JUSTICE:FROM PLANNING TO PROJECTOhio Planning ConferenceJuly 16, 2014

What is Environmental Justice?Executive Order 12898 signed in 1994 states:

“Each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.” Includes any program or activity for which federal

funds will be used

Also must comply with: FHWA Order 6640.23A

DOT Order 5610.2(a)

What is Environmental Justice? The three basic principles:

Ensure low-income and minority groups are included in public involvement and decision making.

Prevent disproportionately high and adverse impacts on low-income and minority groups.

Assure low-income and minority groups receive a proportionate share of the benefits.

What is an impact?

Disproportionately High and Adverse Effect:

Predominantly borne by a minority or low-income population

Impacts are appreciably more severe for minority/low-income populations than for other populations

Access Ohio 2040 (Statewide Long

Range Plan)MPO Long Range Plan

ODOT STIP

MPO TIP

NEPA Environmental

Document

Long Range Plan Impacts

Project Level Impacts

Program Impacts

Statistical Analysis

Specific Impacts Analysis

MPO’s Responsibility

MPO’s Long Range Plans (LRP) and Transportation Improvement Programs

(TIP) must consider effects on EJ populations

Metropolitan Planning Organizations in Ohio

MPO’s Responsibility

When federal funds are involved: Required to make a meaningful effort to

involve low-income and minority populations in the decision-making process

Must consider the effects of the transportation planning process, regional transportation plan, and TIP on “target populations”

MPOs have their own policies, procedures, and methods for compliance

MPO’s Responsibility

Three main areas to consider:

Public Involvement inclusive of EJ populations

Will program have a disproportionately high and adverse impact on EJ populations?

Will EJ populations receive a proportionate share of the benefits of the program?

ODOT’s Responsibility in Planning

ODOT’s LRP (Access Ohio 2040) and Statewide Transportation Improvement

Programs (STIP) must consider effects on EJ populations

ODOT’s Responsibility in Planning

The LRP and STIP must consider the effects of the program on EJ populations

Meaningful effort to involve EJ populations in decision-making

Evaluate the favorable and adverse impacts upon EJ populations

Access Ohio 2040 (Statewide Long

Range Plan)MPO Long Range Plan

ODOT STIP

MPO TIP

NEPA Environmental

Document

Long Range Plan Impacts

Project Level Impacts

Program Impacts

Statistical Analysis

Specific Impacts Analysis

ODOT’s Responsibility for Projects Ensure that ODOT’s projects do not have a

disproportionately high and adverse impact on EJ populations

Ensure that low-income and minority populations are given an opportunity to participate in public involvement and decision-making

Accomplished through secondary source review (US Census Data), stakeholder involvement, and public involvement

ODOT’s NEPA EJ Guidance

Developed in consultation with FHWA in 2012.

Revised most recently in 2014.

Rolled into Online CE and incorporated into Environmental Assessment/Environmental Impact Statement

ODOT’s EJ Guidance

Step 1: Identify EJ populations

Use Blockgroup data from US Environmental Protection Agency’s Online EJ View tool to identify EJ populations in the project/study area

ODOT’s EJ Guidance

Step 1: 40% threshold

If no blockgroups with greater than 40% minority or low income no further work is required.

Document in environmental document.

If there are blockgroups with greater than 40% minority and/or low income, proceed to Step 2.

ODOT’s EJ Guidance

Step 2: Identify potential for impact

Four main question topics to assess potential for adverse impacts: Relocations—business and residential Changes in access EJ issues raised during Public Involvement Other unique factors

Depending on the answers an Environmental Justice Analysis Report may be required.

ODOT’s EJ Guidance

Step 3: Environmental Justice Analysis Report If further analysis is needed to determine

the impact to EJ populations, an EJ Analysis Report is required.

Examines impacts to EJ populations Examines benefits to EJ populations Discusses PI activities and results Avoidance, minimization, and mitigation

measures Provides determination of whether there are

disproportionately high and adverse effects

From Planning to Project

Evaluate impacts of the program

Use high level data (census tract, TAZ, county, etc.)

Use statistical analysis to determine impacts

Evaluate impacts of specific project

Use lower level data (Blockgroup)

More subjective analysis of project impacts on specific groups

Planning (MPO and ODOT)

Project (Environmental Process)

Improving the Process

Goal: Eliminate redundant work and pull in earlier work when possible

Possibilities: Shared GIS system with census data layer in

which planners and environmental staff can plot their information?

Would facilitate pulling early level planning information into later environmental work.

Ability to look at higher level information or focus down on a specific area or project within one base map.

Improving the Process

Possibilities: Share information from Planning level Public

Involvement Were specific EJ communities the subject of targeted

outreach? If so, where, who, and how?

Were any EJ-related comments received during the PI process? If so, are any of those comments relevant to a

specific project? How were they addressed? Is there anything we should consider during project

development?

Improving the Process

Possibilities:

What ideas do you have?