Environmental Justice: From Planning To Project

1. Environmental Justice:From Planning To Project Ohio Planning Conference July 16, 2014

2. 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)

3. 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.

4. 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

5. Long Range Plan Impacts Statistical Analysis Program Impacts Specific Impacts Analysis Project Level Impacts

6. MPO’s Responsibility MPO’s Long Range Plans (LRP) and Transportation Improvement Programs (TIP) must consider effects on EJ populations

7. Metropolitan Planning Organizations in Ohio

8. 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

9. 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?

10. ODOT’s Responsibility in Planning ODOT’s LRP (Access Ohio 2040) and Statewide Transportation Improvement Programs (STIP) must consider effects on EJ populations

11. 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

12. Long Range Plan Impacts Statistical Analysis Program Impacts Specific Impacts Analysis Project Level Impacts

13. 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

14. 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

15. 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

16. 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.

17. 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.

18. 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

19. From Planning to Project Planning (MPO and ODOT) Project (Environmental Process) • 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

20. 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.

21. 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?

22. Improving the Process Possibilities: What ideas do you have?