Environmental Justice and NEPA in the Transportation Arena

1. Environmental Justice and NEPA in the Transportation Arena Project Highlights January 2013

2. Purpose and Agenda • Provide an overview of EJ and recent FHWA guidance • Introduce 10 recent transportation projects addressing EJ in NEPA • Present effective practices in EJ analysis

3. Supporting Reference Materials • Visit FHWA’s EJ Website for: • Detailed case studies • Project report • Presentation slides • Extensive reference material http://www.fhwa.dot.gov/environment/environmental_justice/

4. What is Environmental Justice? • Populations addressed by EJ: • Black or African American, Hispanic or Latino, Asian, American Indian or Alaskan Native, Native Hawaiian or Other Pacific Islander • Low-income

5. What is Environmental Justice? • Three principles of US DOT’s EJ strategy: • Avoid, minimize, or mitigate disproportionately high and adverse effects • Ensure full and fair participation in transportation decision-making • Prevent the denial of, reduction in, or significant delay of benefits

6. Guidance on Addressing EJ in NEPA from FHWA • FHWA’s 2011 “Guidance on Environmental Justice in NEPA” addresses: Effective practices from the featured projects focus on #1, #2, and #3 1 2 3 4 5 Identifying existing minority and low-income populations Explaining coordination, access to information, and participation Identifying disproportionately high and adverse effects Proceeding when there are disproportionately high and adverse effects Judicial review

7. Identifying Existing Minority and Low-Income Populations • Gather data, identify groups or clusters of minority or low-income persons • Provide demographic information on the general population • ▪No minority or low-income populations in the study area  no EJ analysis▪Minority or low-income populations in the study area  EJ analysis • ▪No adverse effects on EJ populations document determination▪Potential adverse effects on EJ populations further analysis

8. Coordination, Access to Information, and Participation • Document efforts to ensure meaningful opportunities for public participation • Document the degree of involvement • Include views about the project and mitigation • Describe steps to resolve any controversy

9. Identifying Disproportionately High and Adverse Effects • The adverse effect is predominantly borne by an EJ population or is appreciably more severe or greater in magnitude on the EJ population than on other populations. • Summarize EJ considerations, including beneficial and adverse effects • Compare the impacts on the EJ populations to impacts on the overall population • For impacts, consider mitigation, following protocol and enhancing communities • No disproportionately high and adverse effects considering mitigation and benefits document • Adverse effects remain after mitigation Determine if they are disproportionately high and adverse follow guidance

10. Featured Projects and Effective Practices • 10 projects • Brief summary and context • Description of effective practices

11. Case #1: Removal of Los Primos SupermarketAnalyzing Impacts and Identifying Alternatives: Alston Avenue Project, Durham, North Carolina Project Profile • Study: EA of a 1-mile corridor widening project in Durham, NC • Community: Black/African American, growing Hispanic/Latino population, low-income, with high numbers of car-less households • Key issue: Potential loss of the Los Primos Supermarket • Outcome: Preferred alternative minimized impacts on the community by avoiding the Los PrimosSupermarket

12. Case #1: Removal of Los Primos SupermarketAnalyzing Impacts and Identifying Alternatives: Alston Avenue Project, Durham, North Carolina Effective Practices • Update information throughout the study • Ensure that all perspectives are heard • Work closely with other jurisdictional agencies and partners • Base the determination of impacts on complete analysis • Have the staff working closely with the community make a recommendation regarding impacts and next steps

13. Case #2: Balancing the Environment and Economic Development: Middle Harbor Redevelopment Project, Port of Long Beach, California Project Profile: • Study: EIS for the combination and upgrade of two marine container terminals at the Port of Long Beach, CA • Community: Most Census block groups in the study area exceeded 80-percent minority, and 10-percent low income • Key issues: Construction noise and cumulative impacts on air quality and health risk • Outcome: Mitigation grant program for cumulative impacts, broad public support

14. Case #2: Balancing the Environment and Economic Development: Middle Harbor Redevelopment Project, Port of Long Beach, California Effective Practices • Communicate project benefits to gain public support • Closely coordinate with jurisdictional agencies and knowledgeable organizations on difficult issues • Address cumulative impacts

15. Case #3: Effective Outreach and Analysis Strategies for a Regional Study Area: North I-25 Project, Denver to Fort Collins Area, Colorado Project Profile: • Study: EIS for multi-modal improvements to an interstate corridor • Community: Regional area with pockets of minority (Hispanic/Latino and Hmong) and low-income groups • Key issues: Very large, regional study area with a widespread affected population, political debate on the immigration policy • Outcome: Equal distribution of impacts and benefits across EJ and non-EJ groups

16. Case #3: Effective Outreach and Analysis Strategies for a Regional Study Area: North I-25 Project, Denver to Fort Collins Area, Colorado Effective Practices • Use extensive public outreach to garner support • Look beyond traditional data sources • Communicate impacts and benefits and gather feedback • Be sensitive to local and political issues • Consider context when determining adverse impacts • Consider benefits and mitigation in the overall harm assessment • Consider community facilities in mobility needs and impact assessment • Speak the local languages • Go to the people

17. Case #4: Bagley Pedestrian Bridge – "Connecting Neighbors": Ambassador Bridge Gateway Project, Detroit, Michigan Project Profile: • Study: EA for an interstate bridge project that included a pedestrian bridge component in Detroit, MI • Community: largely Hispanic/Latino Mexicantowncommunity • Key issues: Mitigating impacts to Mexicantownfrom original interstate construction • Outcome: Bagley Pedestrian Bridge and associated enhancement projects mitigate past impacts and bring the Mexicantown community together

18. Case #4: Bagley Pedestrian Bridge - "Connecting Neighbors": Ambassador Bridge Gateway Project, Detroit, Michigan Effective Practices • Engage the affected community early and on an ongoing basis • Maintain consistent project staff • Consider the use of an ombudsman • Integrate enhancement projects to engage and benefit the community

19. Case #5: Regional Tolling Analysis Informs NEPA Assessment of Cumulative Impacts on Low-Income Populations: Long-Range Transportation Plan, Dallas-Fort Worth, Texas Project Profile • Study: Cumulative impacts of tolling on a regional basis in a long range plan, Dallas-Fort Worth, TX • Community: Regional community with a mix of EJ and non-EJ areas • Key issues: Cumulative impacts of tolling on low-income individuals • Outcome: Results of the regional analysis supplement the cumulative impacts assessment in NEPA

20. Case #5: Regional Tolling Analysis Informs NEPA Assessment of Cumulative Impacts on Low-Income Populations: Long-Range Transportation Plan, Dallas-Fort Worth, Texas Effective Practices • Combine Census and travel demand data for regional analysis • Use analysis from long range planning to inform cumulative EJ impacts in NEPA

21. Case #6: Building a Foundation for Meaningful and Active Participation: I-70 East Project, Denver Area, Colorado Project Profile • Study: EIS for improvements to an interstate corridor near Denver, CO • Community: 40 percent Hispanic/Latino, 30 percent Black/African American, 5 percent other minority populations, 21 percent of households were low-income • Key issues: Legacy of distrust for the DOT and potential impacts related to noise, air quality, relocations, health • Outcome: Meaningful participation and renewed trust

22. Case #6: Building a Foundation for Meaningful and Active Participation: I-70 East Project, Denver Area, Colorado Effective Practices • Use a “micro to macro” outreach strategy • Use a high-touch/low-touch approach to understand your audience • Conduct meetings for maximum participation • Maintain a consistent face for the project • Build trust through a consistent message

23. Case #6: Building a Foundation for Meaningful and Active Participation: I-70 East Project, Denver Area, Colorado Effective Practices • Educate communities about EJ and the environmental process • Educate staff about EJ and the community • Establish a community-outreach process feedback loop • Be responsive to addressing impact-areas of concern

24. Case #7: Mitigating Impacts on the Pleasant Hill Neighborhood: I-16/I-75 Interchange Project, Macon, Georgia Project Profile • Study: EA for an interchange project in Macon, GA • Community: Pleasant Hill, predominantly Black/African American, historic • Key issues: Pleasant Hill was bisected by I-75, has declined, and could be impacted again • Outcome: Community-supported Community Mitigation Plan addresses direct and cumulative impacts

25. Case #7: Mitigating Impacts on the Pleasant Hill Neighborhood: I-16/I-75 Interchange Project, Macon, Georgia Effective Practices • Use a variety of information sources and types • Strong community leadership can foster the public-involvement process • FHWA collaboration and involvement can support innovation • Work with the State DOT and the community to identify and ensure implementation of appropriate mitigation • Identify strategies to address all impacts

26. Case #8: Preserving Community Cohesion through Southend Park Neighborhood Redevelopment: Newtown Pike Extension Project, Lexington, Kentucky Project Profile • Study: EIS for the extension of a major artery in the Lexington, Kentucky area • Community: Davistown – one of the oldest Black/African-American communities in the Lexington, Kentucky area • Key issues: Anticipated indirect impacts of increased land value and redevelopment pressures were expected to force out residents • Outcome: Community participation leads to a Community Land Trust

27. Case #8: Preserving Community Cohesion through Southend Park Neighborhood Redevelopment: Newtown Pike Extension Project, Lexington, Kentucky Effective Practices • Use multiple and varied methods for collecting community data • Build trust to truly engage the affected community • Use community service providers to help engage the community • Overcome obstacles with help from project “Champions” • Properly identify and characterize social ties • Mitigate adverse impacts through tailored solutions

28. Case #9: Extraordinary Outreach Guides Project Decisions and Avoids Environmental Justice Issues: Business 40 project, Winston-Salem, North Carolina Project Profile • Study: Early stages of an EIS to widen a 1-mile section of Business 40 through a Central Business District • Community: Mix of affluent and largely White areas, Black/African American areas, and low-income areas • Key issues: Community input on a partial closure of Business 40 for 2 years or full closure for 6 years • Outcome: Unexpected support for a 2-year full closure

29. Case #9: Extraordinary Outreach Guides Project Decisions and Avoids Environmental Justice Issues: Business 40 project, Winston-Salem, North Carolina Effective Practices • Seek and apply information from similar situations • Use experienced public involvement professionals • Train and prepare all staff who will interact with the public • Do the leg-work to understand a community’s values, perspective, and preferences

30. Case #9: Extraordinary Outreach Guides Project Decisions and Avoids Environmental Justice Issues: Business 40 project, Winston-Salem, North Carolina Effective Practices • Make the public comfortable and willing to provide input • Establish and check lines of communication within the agency • Assign a dedicated project manager • Consider details like contract vehicles

31. Case #10: Building a Safer, More Reliable Bridge and Roadway while Avoiding Environmental Justice Impacts: SR-520: I-5 to Medina, Seattle Area, Washington Project Profile • Study: EIS for the SR 520 corridor across Lake Washington, including the Evergreen Point Bridge • Community: Small areas of low-income populations and Native American tribes • Key issues: Impacts of tolling, impacts to cultural and natural resources of importance to Native American tribes • Outcome: Extensive tolling analysis with mitigation, government-to-government coordination with tribes to understand and avoid, minimize, and mitigate impacts

32. Case #10: Building a Safer, More Reliable Bridge and Roadway while Avoiding Environmental Justice Impacts: SR-520: I-5 to Medina, Seattle Area, Washington Effective Practices • Expand the study area as needed to include a travelshed • Address issues and concerns identified during public outreach • Use early findings to inform ongoing work • Government-to-government coordination with Native American tribes is critical to understanding potential project impacts and appropriate mitigation

33. Conclusions • What the highlighted projects confirm: • There is no uniform approach to addressing EJ in NEPA • The depth and breadth of analysis is context-specific • Meaningful participation of EJ populations is always essential • Visit FHWA’s EJ Website for further information (http://www.fhwa.dot.gov/environment/environmental_justice/)