WSDOT - Environmental Justice Frequently Asked Questions

These FAQs are categorized into three general areas.

If you are looking for more overall information, review Background.

If you are part of a project team scoping a project, review Project Team Information.

If you are writing an environmental justice report, review Doing an EJ Analysis.

Background

What are the fundamental concepts?

Summarizing Executive Order 12898 and USDOT and FHWA orders, there are three fundamental environmental justice principles:

To avoid minimize, or mitigate disproportionately high and adverse human health or environmental effects, including social and economic effects, on minority populations and low-income populations.
To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.
To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority populations and low-income populations

Is it a new requirement?

No. The recipients of Federal-aid have been required to submit assurances of compliance with, and the U.S. DOT must ensure nondiscrimination under, Title VI of the Civil Rights Act of 1964 and many other laws, regulations, and policies. In 1997, the U. S. DOT issued its Order to Address Environmental Justice in Minority Populations and Low-Income Populations to summarize and expand upon the requirements of the 1994 Executive Order 12898 on Environmental Justice.

WSDOT's and FHWA's policy direction

FHWA in their initial policy in response to the Presidential Executive Order 12898 has encouraged full involvement of partners, assessment of social benefits and a highway system that fits harmoniously within both the natural environment and neighborhoods and communities. In 1996, FHWA issued “CIA: A Quick Reference for Transportation” (purple book). They have sponsored community impact assessment workshops and supported a TRB subcommittee on community impact assessment. WSDOT responded by instituting a Context Sensitive Design training and co-sponsoring Community Impact Assessment workshop in Spokane. “Building Projects that Build Communities” was issued in 2003, as was the Secretary's Executive Order on Context Sensitive Solutions.

How does this fit with the federal surface transportation law SAFETEA-LU?

Our EJ guidance is consistent with and supportive of the SAFTETEA-LU. Section 6001 - Planning "interested parties" are required to be notified and a "participation plan" created during planning. Section 6002 – Efficient Environmental Reviews for Project Decisionmaking prescribes a new environmental review process for EISs. Some changes are made in the current NEPA procedures, including obligations for a public comment process for project purpose and need and for project alternatives. It requires the development of a coordination plan and schedule for EISs (optional for EAs) that must be provided to all participating agencies and made available to the public. FHWA guidance on SAFETEA-LU is available.

EJ and context sensitive solutions

Context Sensitive Solutions is a model for transportation planning and project development that encourages broader project design not only for its physical aspects as a facility serving specific transportation objectives, but also for its effects on the aesthetic, social, economic and environmental values, needs, constraints and opportunities in a larger community setting. WSDOT endorses the Context Sensitive Solutions approach for all projects, large and small, from early planning through construction and eventual operation. Through WSDOT Executive Order E 1028.00, WSDOT employees that work on projects and facilities should:

Engage from the project inception with representatives of affected communities, including elected and appointed officials and a widely representative array of interested citizens.
Assure the transportation objectives of projects are clearly described and discussed with local communities in a process that encourages reciprocal communication about local views and needs in the overall project setting.
Pay attention to and address community and citizen concerns.
Ensure the project is a safe facility for both the user and the community.

CSS supports EJ through its emphasis on communication and assessing effects on the social values, needs, constraints and opportunities of the community.

FHWA's memorandum on Context Sensitive Solutions, October 2002, states that one of the “Vital Few” strategies is for FHWA to assist with and encourage context sensitive solutions/context sensitive design. TRB issued a report titled A Guide to Best Practices for Achieving Context Sensitive Solutions (NCHRP Report 480). WSDOT executive order on Context Sensitive Solutions, December 2003.

EJ and community impact assessment

The DOT Order (5610.2) on Environmental Justice asks whether a proposed action or plan causes disproportionately high and adverse effects on minority populations and low-income populations, and whether these populations are denied benefits. A framework of analysis that can determine how a proposed action or plan could differentially affect different populations is required. Community impact assessment can provide this framework. Currently many state DOTs are leading the implementation of community impact assessment including:

Like public involvement, community impact assessment is an integral part of planning and project development. Community impact assessment is a process to evaluate the effects of a transportation action on a community and its quality of life. Its information can help to mold the transportation plan and its projects, and provide documentation of the current and anticipated social and economic environment of a geographic area with and without the proposed action. The assessment process is comprised of the following steps: (1) define the project, study, and planning area; (2) develop a community profile; (3) analyze effects; (4) identify solutions; (5) use public involvement; and (6) document findings. These steps are elaborated on in FHWA's Community Impact Assessment: A Quick Reference for Transportation, and its companion document, Community Impact Mitigation: Case Studies, published in 1998.

Do we consider EJ in the planning process?

Yes. Environmental Justice is an important part of the planning process and must be considered in all phases of planning. A truly integrated and effective planning process actively considers and promotes environmental justice within projects and groups of projects, across the total plan, and in policy decisions. SAFETEA-LU places increased emphasis on public involvement in the planning process. All members of the community need to be included in outreach to do effective public involvement,

Planners need to determine whether Environmental Justice/Title VI issues exist and use data and other information to:

Assess potential benefits to and potential negative effects on minority populations and low-income populations from proposed investments or actions;
Quantify expected effects (total, both positive and negative) and disproportionately high and adverse effects on minority populations and low-income populations; and
Propose an appropriate course of action, whether avoidance, minimization, or mitigation. If issues are not addressed at the planning stage, they may arise during project development, or later when they could be more difficult to mitigate and delay project decisions.

Must Title VI and Environmental Justice be considered only in an EIS?

No. Title VI and Environmental Justice applies to all planning and project development programs, policies and activities. In project development, environmental justice should be considered in all decisions whether they are processed with an Environmental Impact Statements (EIS's), Environmental Assessments (EA's), or Categorical Exclusions (CE's), The determination of significance should be guided as much by potential impacts to the human environment as by potential impacts to the natural environment.

At the scoping stage in the NEPA process, which provides early identification of public and agency issues, there should be adequate consideration of Title VI and environmental justice. Minority and low-income populations should be identified as early as possible and their concerns should be examined and addressed, preferably in planning stages.

What is Limited English Proficiency?

Limited English Proficiency (LEP) comes from the Presidential Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency", signed in 2000. It requires federal agencies to examine services provided, identify any need for those services for those with limited English proficiency and ensure those persons have meaningful access to those services. A public involvement plan needs to include consideration of LEP. If demographics indicate that 5% or 1,000 persons or more in a project area (generally by census block group) speak a language other than English, project materials should be translated into that language.

So far the 2000 US Census is the best source of data for identifying those who are limited English proficient. The category of “age by language spoken at home” should be used rather than “linguistically isolated”. Use Summary file 3, P19.This should be backed up by other demographic data since US Census data can be up to 10 or 12 years old…another reason to get out and meet the community. Social service organizations and school enrollment can be another source of data. National Center for Education Statistics maintains current information by individual school. This information should be included in a social analysis since limited English proficient persons can be of any minority and may not be low-income. For more information on how to identify LEP populations see the FAQs in social and community effects. You will find a link in the left hand side of this page.

Who is a limited English proficient person?

According to FHWA, a limited English proficient person is an individual who does not speak English as their primary language and who has a limited ability to read, write, speak, or understand English.

Project Team Information

How should Environmental Justice be addressed in the NEPA process?

Environmental justice should be considered and addressed in NEPA compliance and appropriately documented in Environmental Impact Statements, Environmental Assessments, and Categorical Exclusions.

The Executive Order 12898 and the accompanying Presidential Memorandum infer that specific actions be carried out in NEPA-related activities. They include:

Analyzing environmental effects, including human health, economic, and social effects on minority populations and low-income populations when such analysis is required by NEPA;
Ensuring that mitigation measures are outlined and disproportionately high and adverse environmental effects or proposed actions on minority populations and low-income populations are addressed;
Providing opportunities for community input in the FHWA NEPA process, including identifying potential effects and mitigation measures in consultation with affected communities and improving accessibility to public meetings, official documents, and notices to affected communities; and improving accessibility to public meetings, official documents, and notices to affected communities; and
In reviewing other agencies' proposed actions under Section 309 of the Clean Air Act, EPA must ensure that the agencies have fully analyzed environmental effects on minority communities and low-income communities, including human health, social, and economic effects.

When does an Environmental Justice analysis need to be done?

An environmental justice analysis needs to be done in connection with programs and activities receiving federal assistance. Section 109(h) of the Federal Aid Highway Act also requires consideration of economic and social effects which would apply to non-NEPA projects. Because the nondiscrimination requirements of Title VI extend to all programs and activities of State DOTs and their respective sub-recipients and contractors, the concepts of Environmental Justice apply to all State projects, including those which do not involve Federal-aid funds, whether Design Build, or not. Since low-income populations are not protected by federal law, projects without federal dollars do not have to analyze possible discrimination of that group. However, low-income communities often have higher numbers of minorities and recent immigrants, who are protected by federal law. The local FHWA division office is a good resource if you have questions. (360) 534-9325.

Does an EJ analysis have to be a separate discipline study?

No. It is preferable to integrate the EJ analysis into the social analysis in your environmental document. Do make sure which ever approach you use that the reader can understand the process you used to arrive at the conclusions. Since many things affect the human environment, cross references will be needed to areas such as noise, air toxics, recreation, public involvement, economics, relocation and sometimes transportation.

How should the study area be defined?

The study area for the EJ analysis should be large enough to include the effects that would potentially affect the social environment (i.e.: noise, relocations). Commonly ½ to 1 mile is used making sure that complete neighborhoods are included. Other considerations are census block areas and natural divisions. Typically, this is done based on an educated guess, with input from the Project Engineer and or Inter Disciplinary Team (IDT); since it would be done early in the process, prior to scoping. Maps are very useful to illustrate the study area. If your social analysis and EJ analysis are in separate reports they should share the same study area.

Why should demographics be collected for an EJ analysis?

There are two reasons for conducting a demographic analysis:

To determine if there are minority and/or low-income populations within the study area that could be potentially affected by the project.
To support the projects' public involvement plan -- you need to know who you are communicating with in order to determine the best means of communication (e.g.: this may identify translation needs or specific methods that could be used to distribute information).

What should be included in the demographics?

Your analysis should include minorities and low-income. “Minority” and “low-income” are defined as follows:

The U.S. DOT Order (5610.2) on Environmental Justice defines "Minority" in the Definitions section of the Appendix, and provides clear definitions of the four (4) minority groups addressed by the Executive Order. These groups are:

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 other 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 Islands.
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.

The FHWA Order defines "low-income" as "a person whose household income is at or below the Department of Health and Human Services poverty guidelines." The Department of Health and Human Services (HHS) poverty guidelines are used as eligibility criteria for the Community Services Block Grant Program and a number of other Federal programs. However, a State or locality may adopt a higher threshold for low-income as long as the higher threshold is not selectively implemented and is inclusive of all persons at or below the HHS poverty guidelines. The most current HHS poverty guidelines can be found at HHS's website.

Demographics can be used to "feed" your public involvement plan, and EJ and your social analysis. You may want to include along with minority and low-income; age distribution, income levels, employment status, transit dependency and special sub-populations (e.g.: Section 8 housing, disabled, immigrant, and limited English proficient populations). If the focus is only on environmental justice than data should be on minority and low-income.

How detailed should the demographics be?

The amount of detail depends on use. The detail needs to be enough to determine if EJ populations are in the project area and what the effects could be. Generally the smallest geographic unit for which data is available should be used. This would usually be the block or block group level. Low-income data is not available at the block level. Minority data is available at both levels.

Do we have to print all materials in other languages?

No, environmental documentation does not need to be printed in languages other than English unless it is requested; however, if requested WSDOT will work to provide equal access to the information. If you have limited English proficient populations in your project area, you may need to provide project newsletters, fliers and other project information in other languages. Please see information on limited English proficiency under the Social FAQs for further guidance.

How do you convey technical information to non-technical people?

Stay away from acronyms. If you can use a visual instead of text do so. Try to avoid technical terms. If you cannot find another word or phrase in place of the term, then footnote the word (or phrase) and give an explanation. Use short sentences. Be clear about your message. Use the active voice. It's more direct and concise than the passive voice. Write short sections and separate them with headings. In other words, use Plain Talk.

Some legal requirements will have to be written in a certain way i.e.: ADA statement or legal notices.

What about Reader-Friendly requirements?

WSDOT's Reader-Friendly Document Tool Kit was published in 2005. The same year, we asked that environmental documents, (EISs and EAs) be prepared in the Reader-Friendly format. It is not required that discipline reports use the Reader Friendly format. However, clear, concise writing is needed in all environmental documents. If the summary of the discipline report is done using the Reader-Friendly format, it can easily transferred to the larger environmental document.

When does public involvement start?

Ideally, public involvement should start in the planning process. Typically public involvement begins prior to scoping when a project moves from the definition phase to the design phase. It should be inclusive of all the community that is affected. Early use of demographic information will assist in identifying your public. This will enable you to create public involvement that fits local community needs. Information gathered from public involvement will help the project team with scoping. It will also help define issues early and give the team the opportunity to address them.

Environmental staff and public information staff should be involved early in the process to help define issues. An early start on public involvement will help determine the appropriate level of documentation for a project, build trust with the community, develop a transportation system that meets real community needs and save money by reducing or eliminating need for redesign.

How should your public involvement be tracked and documented?

Your public involvement plan identifies who to involve, what needs to be done to involve the public, where any meetings will be held, a timeline for when activities will take place, how strategies will be used to involve the affected public, and an overview of a budget. In addition, your public involvement plan should consider regulatory requirements, and project schedule and budget constraints.

So, you need to document all of these activities as they occur.

Retain copies of all meeting materials, press releases, public materials such as brochures or websites, traffic to the website, responses to surveys, public comment from all contact. Public meetings should have as much content as possible documented with issues summarized.
Develop meeting summaries that include such things as the purpose of the meeting, number of attendees, minority composition based on Title VI forms, action items, issues discussed, and lessons learned.

The project team also should set up a tracking system early in the project so comments and responses can be tracked, including responses and who the responder was. The system also needs to be able to identify issues so they can be tracked to identify patterns and for evaluation purposes.

Should we conduct surveys?

The methods used to communicate with people and gather information about the community will vary from project to project. Sometimes a survey will be an appropriate tool. Other times other tools would be more effective. Surveys can help to obtain information from people who are not likely to attend or to speak out in a public workshop. Surveys can be written or oral interviews and can be done with service providers or directly with their clients.

How does our public involvement plan relate to EJ?

It is helpful to have a public involvement plan as an appendix to the environmental documentation to enable reviewers to be able to determine if public involvement was inclusive.

Depending on how you are incorporating your EJ analysis and the public involvement plan into the environmental document, provide:

A brief summary of the project's outreach strategies to the EJ populations
A summary of results of outreach efforts to the EJ populations, and
Cross reference sections of the document where this information can be found

Any specific outreach done for the EJ populations should be mentioned in the environmental document. Remember that often the community can help to define whether an effect is adverse or not, the degree of adversity and give ideas for mitigation. If listened to early in the process, they may have creative ideas that will help create a better project. This can provide valuable information for your EJ analysis.

If documents were translated, mention should be made in conjunction with the demographics. Since limited English proficient individuals may not be low-income or minority, this should be documented in the larger context of the social analysis. An overview should give the history of public involvement efforts, present efforts and future plans. In most cases, individual comments would not be included.

Should our public involvement plan change?

Yes. The public involvement plan should be a living document. As the team learns more about the affected community, strategies should be adjusted to ensure they are inclusive and appropriate to the community. If workshop attendance is not reflective of the community, you should adjust your outreach strategies. You may need targeted outreach to ensure that you include individuals who normally might not participate due to language or cultural differences.

Public involvement methods used should be evaluated periodically to assess if changes are needed to the plan. Ask the following questions.

Is the entire project community participating in public involvement activities?
Are the appropriate communication techniques being employed?
Are community comments relevant to the project? Are they realistic and appropriate to the project phase?
Are there significant unresolved issues on the project?

What type of documentation is needed?

For each alternative, a clear explanation should be provided for any avoidance, minimization, mitigation and enhancement measures that have been adopted.

Document the strategies taken to avoid, reduce, or mitigate effects to EJ populations. The discussion of these strategies should be clearly ‘linked' to the associated community effects. If appropriate, include a discussion of how these strategies helped turn a disproportionate adverse effect into a proportionate adverse effect.

Make sure you list any specific benefits the EJ population will receive such as sidewalks or improved transit times, not just the overall project benefits.

Include a summary of the public interaction used to develop and/or review the various strategies.

Doing an EJ Analysis

Where does the process start?

The environmental justice process starts as the scope of work is being developed for the project. You will need to answer some basic questions:

Does the EJ analysis need to be in a separate discipline study? Are the potential effects so minor or non-existent that a technical memo or letter can be used to document instead? To help you come to this decision, see the decision matrix.
What data will be needed for the analysis and what will the sources be?

What are the basic components of conducting an EJ Analysis?

Describe the proposed Project.
State why the analysis is being done and applicable laws and regulations.
Determine and discuss how the analysis is conducted.
Identify the study area in which the analysis will be done.
Identify the study area's demographics. (Make sure you use at least two data sources.)
Document the public interaction process.
Identify and compare anticipated effects, both adverse and beneficial.
Make a determination as to the magnitude or intensity of effect to determine if high and adverse effects fall disproportionately on the minority or low-income populations.
Determine the anticipated affect on the environmental justice population.
Identify appropriate mitigation/enhancements.
Determine if effects are still disproportionate or not.
Document data sources.

What is the first step in doing an EJ analysis?

The first step is to determine if you have any minority or low-income individuals within your study area. To make this determination you need to define your study area and conduct a demographic analysis of your study area. How you organize your project may enable you to prevent demographics being collected several different times for your public involvement plan, EJ analysis, and social and economic impact assessment. One set of demographics can be used for all three if preparers work together with these closely related areas. In addition, your analysis results can provide data in a continuing loop of information. Keep in mind that because the project public involvement plan is developed prior to scoping, you would want to do this as soon as possible.

What is the second step?

After collecting the demographics, the second step is to create the project's public involvement plan using the study area's demographics as part of its base. Your demographics may need to be further refined later on due to the level of needed detail. You may want to contact local businesses, community services, and local government agencies to identify stakeholders and understand more about the community and its concerns.

The public involvement plan is one of the first things done in the design phase of project development along with creating the project's interdisciplinary team, and scoping. Identifying the affected community and stakeholder groups with respect to the project under development is key to planning effective public involvement. The study area demographics will help to identify community structure, culture and community issues, potential approaches that should be considered, and specific action steps, techniques, and timing. WSDOT has a responsibility to ensure effective two-way communication, since people have a key role in the decisions shaping the transportation systems and services that will be part of their communities. Chapter 458 in the WSDOT Environmental Procedures Manual has a flow chart of the steps.

What methodology should be used to conduct an EJ analysis?

The specific approach you use should be tailored to the unique circumstances of each project and those communities/populations affected by it. The method you used should be consistent with WSDOT's Environmental Procedures Manual (EPM) guidance on EJ, as well as with agreements with project partners (i.e., transit agencies, MPOs, cities, etc). The EPM is meant to provide a consistent framework for both preparing an EJ analysis and developing effective public involvement strategies. It contains principles and general procedures, allowing project coordinators the flexibility to tailor the method to the unique circumstances of each project and those communities/populations affected by it. However, bear in mind that the methodology in the EPM has been approved by FHWA.

In addition, the local FHWA division has developed a guide --Environmental Justice: What You Should Know. This guide is intended to assist its Division staff (working with project teams) in developing an appropriate approach for Title VI Environmental Justice analysis and an effective public involvement strategy. The material contained in this guide also provides a framework to review or write environmental EJ documents.

The FHWA and WSDOT spent a considerable amount of time preparing the respective guidance documents to ensure that they are closely aligned and usable by FHWA, WSDOT, local agencies, and consultants.

What data sources should be used?

The basic question you are trying to answer at this point is: Are there any environmental justice populations within your study area? Use census data to start. Since Census Data can be 10-12 years old, also examine other data sources that could help determine the existence of environmental justice populations within the study areas (e.g. public school data, social service agency data).

WSDOT GIS Work Bench and the US Census Data Engine can be used to analyze Census data.
Determine if tracts, block groups, or blocks will be used for initial analysis. Not all data is available at all levels. Use the smallest unit for which data is available. In most cases, you will use census block group data.
Determine minority and low-income percentages in the census area both in the aggregate and disaggregate.

Disaggregated data could be useful for impact analysis and public involvement purposes.
Aggregated data will be used to flag census areas for further examination per FHWA Guidance.

How large must the minority or low-income population be to consider EJ?

A very small minority or low-income population in the project, study, or planning area does not eliminate the possibility of a disproportionately high and adverse effect on these populations. Environmental justice determinations are made based on effects, not population size. It is important to consider the comparative effect of an action among different population groups. What is needed is to show the comparative effects on these populations in relation to either non-minority or higher income populations, as appropriate.

Be aware that if minority or low-income populations are small ("statistically insignificant"), there may still be a need to do an environmental justice analysis if they are affected.

What happens if there are no minority or low-income individuals in the study area?

When there are no environmental justice populations, end your analysis, and document your results. You may use the following statement:

“No minority or low-income populations have been identified that would be adversely affected by this project as determined above. Therefore, this project has met the provisions of Executive Order 12898, as it is supported by Title VI of the Civil Rights Act.”

Is an EJ analysis done only on residential effects?

No, an EJ analysis includes more than residential. Businesses and social and cultural resources should be looked at for disproportionate, adverse effects on the EJ population.

How should the demographics be displayed?

The study area demographics displayed visually is the most useful. Maps are also very useful during outreach. They also can help to visually identify effects in relation to the surrounding community.

How are demographics integrated into your Public Involvement Plan?

Demographic analysis should be part of the foundation upon which your public involvement plan is developed. For environmental justice purposes, your demographic analysis should include minorities and low-income. For the broader purpose, you should probably include other pertinent elements like English proficiency, income, disabilities, age, employment status, transit dependency etc. These demographics will not only help with public involvement and EJ, but can contribute to your project's social impact assessment. Remember that EJ is only low-income and minority.

You need to know “who” you will be talking with to determine the best means of communicating with them (e.g.: this may identify translation needs, cultural traditions to be aware of, specific communication methods used by that community). The results should be used to personalize the public involvement plan. As the project becomes more refined, the demographics can be referred to for making any adjustments in the public involvement plan.

What is an "adverse effect" in the context of EJ"?

According to FHWA, “all reasonably foreseeable adverse social, economic, and environmental effects on minority populations and low-income populations must be identified and addressed. As defined in the Appendix of the DOT Order, adverse effects include, but are not limited to:

Bodily impairment, infirmity, illness or death;
Air, noise, and water pollution 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 a community economic vitality;
Destruction or disruption of the availability of public and private facilities and services;
Vibration
Adverse employment effects
Displacement of persons, businesses, farms, or nonprofit organizations;
Increased traffic congestion, isolation, exclusion or separation of minority or low-income individuals within a given community or from the broader community;
Denial of, reduction in, or significant delay in the receipt of benefits of DOT programs, policies, or activities.

Adverse effects are determined in part through discussion with those environmental justice populations potentially affected by the action. The displacement of a store may not be significant on the surface, but after interviewing the business owner, you may find that the store supplies the local community with culturally specific services that are not available elsewhere nearby. The displacement of that store may now become significant. This information should be combined with the technical analysis and other public involvement feedback to determine if there is an overall significant adverse effect.

What is "disproportionate" in the context of EJ?

An adverse effect that:

Is predominately borne by a minority population and/or low-income population, or
Will be suffered by the minority population and/or low-income population and is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non-minority population and/or non-low-income population.

How are "disproportionately high and adverse effects" determined?

Both disproportionate and adverse are determined by a combination of factors that can vary from project to project. Therefore an exact formula cannot be given. It is important to realize that:

Adverse effects = input from technical experts + public input

Adverse effects should not be determined just from the input from public feedback nor from technical analyses but both should be used together to determine what is adverse.

Disproportionate needs to be determined by comparing the effect on the EJ population versus a comparison population, therefore:

Disproportionate = effect on EJ population vs. non EJ population. The only time a comparison is necessary is to determine disproportionate.

Is coordination needed between discipline reports?

Yes. As the public submits comments, these comments should be tracked and distributed to the correct technical person on the project team, and addressed appropriately. These comments will provide insight into potential effects, mitigation measures, benefits, and more.

As the technical reports are developed, we need to determine who is affected by the potential project effects and create a dialogue with the potentially affected community. This may require refining your demographics in those areas potentially affected by the effect(s). This dialogue should be guided by input from the project's public involvement coordinator. As effects are identified and shared with the project management team, that information needs to be conveyed to the technical report writers.

What is the difference between Environmental Justice and Title VI?

The major similarities and differences between EJ and Title VI are:

Similarities

Both address non-discrimination.
Both identify minority populations.
Both are rooted in the constitutional guarantee (14th Amendment) that all citizens are created equal and are entitled to equal protection.
Both address involvement of affected citizens in the decision-making process through meaningful involvement and participation.

Differences

EJ covers minority and low-income while Title VI and other legislation cover, race, color, national origin, gender, age and disability.
EJ is an executive order (an order of the President of the United States).
EJ mandates a process, while Title VI prohibits discrimination.

What happens if the analysis shows there are no effects to minority or low-income individuals in the study area?

When it is determined that there are no effects to the environmental justice populations, end your analysis, and document your results. You may use the following statement:

What happens if the project appears to have a disproportionately high and adverse effect on EJ population?

The document (DCE, EA, Draft EIS) must reflect how the effects of the preferred alternative could not be avoided or minimized, how the affected populations were involved in the decision process and what practicable mitigation commitments have been made.

In addition, you must demonstrate how other alternatives which would have a less-adverse effect (if any) on minority and/or low-income populations are not practicable because they would either not satisfy the project needs, have more severe adverse effects on other environmental elements (i.e., wetlands, 4(f), et al), or that the social, economic, environmental or human health effects of the other alternatives reach costs of extraordinary magnitudes. The approach is to first avoid effects, minimize effects; then mitigate unavoidable effects. Enhancements and benefits the affected EJ populations will receive should also be considered in making the determination. However, these should be enhancements and benefits that will be received mainly by the EJ population not general project benefits.

A disproportionately high and adverse effect on EJ populations can only be carried out if further avoidance, minimization, mitigation and enhancement measures are not practicable. In determining whether a measure is "practicable", the social, economic (including costs), and environmental effects of avoiding, minimizing, or mitigating the adverse effects can be taken into account.

What should be considered to determine appropriate avoidance, minimization, mitigation and enhancement measures?

Take into account mitigation, enhancements and project benefits when assessing if there will ultimately be a disproportionately high and adverse effect on an EJ population.

Also consider the fairness in distribution of avoidance, minimization, mitigation and enhancement measures between EJ and non-EJ populations. When considering these measures for an EJ population vs. the entire project area, keep in mind that the measures should be proportional to the level of effect on each.

What kind of documentation needs to be done?

Supply enough documentation to support your finding. This may involve cross-referencing other reports, summarizing analysis, and providing maps or tables. How you document your finding will be partially dependent on how you structure your analysis – as a separate discipline study, or integrated into the social impact assessment.

Below is a list of things that one would expect to see in an environmental justice analysis. By no means is this an all-inclusive list, nor does this mean that a separate discipline study has to be written. The amount and type of documentation done on a project will vary according to its level of complexity. A good rule of thumb is to do more documentation than you think is necessary. Err on the side of more documentation, not less.

Project Description

Describe briefly the project, its purpose, need, and location.
Describe the type of environmental document (EIS, EA, DCE, etc.) being developed for the project

Regulatory Framework

Document that the analysis is being done in accordance with appropriate laws, regulations, and guidance
Document the reason why an EJ analysis is being done for the project (EIS, EA, DCE, and etc.)

Methodology

Define “adverse” and “disproportionate” effects (per USDOT order.)
Document data sources and methods for determination.

Affected Environment

Describe the study area and the rationale for its establishment.
Document the presence/location of low-income or minority populations, including demographics.

Public Involvement

Document outreach strategy to involve low-income or minority population.
Describe outreach efforts results (issues, attendance, responses, etc.).
Document community perception (+/-) of effects/benefits and severity.
Document community perception of suitability of mitigation proposed.
Describe methods used to overcome potential outreach barriers such as use of interpreters, materials in other languages, and specific outreach due to cultural differences.
Summarize any changes to outreach to improve participation.

Effects and Benefits Analysis

Document the effects of each alternative, including No-Build.
Describe any disproportionately high and adverse effects.
Discuss alternatives that avoid, minimize, or mitigate such effects.
Describe any offsetting benefits.
Describe appropriate avoidance, minimization, mitigation and enhancement measures.

Finding

State effects on EJ population with supporting evidence.
Summarize practicability determination, using supporting evidence, if disproportionately high and adverse effects on minority populations or low-income populations cannot be avoided, minimized or mitigated.

Also refer to the EJ decision matrix (pdf 64kb) and tech memo template (pdf 65kb). They can also be used for discipline reports. You will find some slight differences between the above list, the checklists in the EPM and the tech memo templates. These differences reflect that this is guidance rather than mandated forms. Keep in mind each report should be adjusted for the particular project and the effects from that project. The adjustment may change the outline you use for the technical memo or discipline report.

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