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Environmental Review Toolkit
 

Environmental Justice

Definition of Environmental Justice

Environmental Justice (EJ) at the Federal Highway Administration (FHWA) means identifying and addressing disproportionately high and adverse effects of the agency’s programs, policies, and activities on minority populations and low-income populations to achieve an equitable distribution of benefits and burdens.

History of Environmental Justice

In 1994, President Clinton issued Executive Order 12898, directing federal agencies, to the greatest extent practicable, to identify and address disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations. In 1997, the Department of Transportation (U.S. DOT) issued an Order to address EJ in minority populations and low-income populations to summarize and expand upon the requirements of Executive Order 12898 on EJ. The FHWA issued its own EJ Order in 1998 (Order 6640.23A). U.S. DOT, FHWA, and other modal administrations have since updated the respective orders and continually seek to enhance their efforts to address EJ effects of their programs, policies, and activities.

Executive Order 12898 – Environmental Justice

Executive Order 12898 requires that “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 in the United States….” The executive order also created the Interagency Working Group on Environmental Justice. (February 1994)

DOT Order 5610.2 (c) – U.S. DOT Actions To Address Environmental Justice in Minority Populations and Low Income Populations

On May 16, 2021, U.S. DOT issued the Final DOT Environmental Justice Order, which is an update to U.S. DOT’s original Environmental Justice Order (Departmental Order 5610.2(a) – Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), which was published on April 15, 1997. The Order continues to be a key component of U.S. DOT’s strategy to promote the principles of Environmental Justice in all Departmental programs, policies, and activities.

FHWA Order 6640.23A – FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations

On June 14, 2012, FHWA issued the FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations directive, which establishes policies and procedures for FHWA to use in complying with Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (EO 12898), dated February 11, 1994.

Guidance on Environmental Justice and NEPA

On December 16, 2011, FHWA issued a memo titled Guidance on Environmental Justice and NEPA. This guidance describes the process to address Environmental Justice during the NEPA review, including documentation requirements. It supplements the FHWA Technical Advisory 6640.8A, which provides guidance for documenting the potential social, economic, and environmental impacts considered in the selection and implementation of highway projects.

Environmental Justice Reference Guide

The FHWA Environmental Justice (EJ) Reference Guide (April 1, 2015) is a resource for FHWA staff to help with EJ considerations for transportation projects. EJ at FHWA means identifying and addressing disproportionately high and adverse effects of the agency’s programs, policies, and activities on minority populations and low-income populations to achieve an equitable distribution of benefits and burdens. This also includes the full and fair participation by all potentially affected communities in the transportation decisionmaking process. The EJ Reference Guide does not establish any new requirements or replace any existing guidance and, should not be used as a document reference in the environmental review process. The FHWA EJ Workgroup, comprised of staff from different offices throughout the agency, collaboratively developed this reference guide.

Environmental Justice Case Studies

FHWA has developed a series of Environmental Justice Case Studies that focus on Environmental Justice analysis during the environmental review process. The case studies highlight 10 projects where agencies addressed Environmental Justice concerns early in the NEPA process.

The Environmental Justice (EJ) analysis during the NEPA process promotes healthy and sustainable communities and equitable distribution of benefits for all and allows potentially affected EJ populations to have the opportunity to participate in the transportation decision-making process. The Environmental Justice analysis process Figures #1 and #2 are prepared in accordance with FHWA’s December 16, 2011 “Guidance on Environmental Justice and NEPA” and with FHWA’s June 14, 2012 Order 6640.23A: “The FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.” These figures are visuals to see how the EJ analysis process works in practice.

A diagram showing steps of the EJ analysis process starting with Scoping and Identifying EJ populations moving to conduct alternatives analysis, determine if benefits and adverse effects exist, identify if disproportionately high and adverse effects exists (comparison to the reference community) then develop and evaluate mitigation measures to address identified disproportionately high and adverse effects and finally document process and findings. An arrow pointing from the first step to the last states, engage the public, EJ communities, stakeholders and incorporate input. An arrow from the last step to the first states, conduct additional analyses and revisit alternative, as needed.

Figure: EJ Analysis Process #1
Source: FHWA Office of Project Development and Environmental Review

A diagram of the EJ analysis process showing three headers with explanations below them. The first is 'Disproportionately High and Adverse (DHAE) Consideration' with the explanation 'If there is a DHAW on the EJ population, the NEPA document must evaluate whether a further practicable mitigation measure or alternative is available to reduce the DHAE.' The second step is 'These mitigation measures must be used for the project to be approved.' with the explanation 'FHWA can approve the action if no other practicable measure exists. Determination must be made and included within the environmental document.' The third step is 'If no DHAW, no further analysis is required document findings and proceed' with the explanation, 'If the population is protected under Title VI, there may be additional considerations.'

Figure: EJ Analysis Process #2
Source: FHWA Office of Project Development and Environmental Review


Screening Tools

There are many tools available to practitioners to identify project impacts on EJ communities. Some of those tools are identified in the drop down menus below:

HEPGIS is a public website with more than 300 interactive GIS-based maps, designed to support priorities related to safety, equity, climate change, economic development, and infrastructure. HEPGIS includes six categories of maps: performance metrics, highway system, fatal crashes, socio-economic and equity analysis, MPO and air quality, and border flows/Freight Analysis Framework. The tool also allows users to create custom maps and download data sets related to maps.

How can HEPGIS be used for EJ and equity analysis?

FHWA recently expanded HEPGIS maps related to equity analysis, and now includes maps displaying racial, ethnic, and foreign-born population data; income and poverty data; other vulnerable population data (e.g., people with disabilities, Limited English Proficiency (LEP), and households with no computer or internet access); journey to work trip data (e.g., households without car ownership and trips by transit); and economically distressed area data. These maps are based on the U.S. Census Bureau’s American Community Survey (ACS).

Practitioners can view and analyze data using the equity-related maps listed below; for example figure HEPGIS #1 illustrates how HEPGIS can overlay minority population data and air quality data to support analysis of potential disproportionate pollution impacts. Figure HEPGIS #2 shows the minority population data overlaid with data on USDA-defined food deserts.

Next steps and resources

Figure HEPGIS 1. HEPGIS map overlaying minority population and air quality data for equity analysis.

Figure HEPGIS 2. HEPGIS map overlaying minority population and USDA food desert data for equity analysis.

Practitioners can request new maps, HEPGIS demonstrations, or more information by contacting Supin Yoder at supin.yoder@dot.gov.

The Screening Tool for Equity Analysis of Projects (STEAP) is a web-based equity analysis tool for project development. It assists practitioners in identifying a project’s impact on EJ, Title VI, and populations with LEP, and disadvantaged populations defined in Executive Order 13985. The tool provides for rapid screening of specified project locations anywhere in the U.S. and is intended to make buffer analysis simple for non-GIS specialists to expand access to EJ and equity screening capabilities.

How can STEAP be used for EJ and equity analysis?

Users can select specific roadway segments (existing or proposed) of up to 25 miles and specify up to two buffers around the roadway up to three miles in the STEAP interface. The tool generates an equity analysis report (in PDF format) for the selected roadway buffer, which includes:

  • Title VI populations: Race, ethnicity, and foreign-born populations
  • EJ populations: Minority populations, low-income populations
  • LEP
  • Other population characteristics: Age and gender, education attainment, unemployment status, and veteran and disability status
  • Household characteristics: Household structure, housing affordability, vehicle ownership, and lack of computer or internet connection

Figure STEAP 1. Snapshot of buffer analysis in the STEAP user interface.

Practitioners can use STEAP in project planning and development to identify disadvantaged populations in the project area and their specific characteristics, evaluate project impact on identified populations, assess potential disproportionate impacts, and develop meaningful public outreach plans to engage with impacted populations. This screening process may impact which alternative is ultimately chosen for development and influence the scope of subsequent EJ and equity analysis.

Next steps and resources

STEAP 2.0 (which is in the planning phase) will include transit stops, stations, and potentially routes, to better reflect and promote multimodal connections. Practitioners may contact Supin Yoder at Supin.Yoder@dot.gov for more information.

POPULATION HOUSING
SOCIAL
Ancestry
Citizenship
Citizen Voting Age Population
Disability
Educational Attainment
Fertility
Grandparents
Language
Marital Status
Migration
School Enrollment
Veterans
DEMOGRAPHIC
Age
Hispanic Origin
Race
Relationship
Sex
Computer & Internet Use
Costs (Mortgage, Taxes, Insurance)
Heating Fuel
Home Value
Occupancy
Plumbing/Kitchen Facilities
Structure
Tenure (Own/Rent)
Utilities
Vehicles
Year Built/Year Moved In
ECONOMIC
Class of Worker
Commuting
Employment Status
Food Stamps (SNAP)
Health Insurance
Hours/Week, Weeks/Year
Income
Industry & Occupation

Figure ASC 1. Social, demographic, economic, and housing characteristics collected by through the ACS. Table created by U.S. Census Bureau.

The U.S. Census Bureau’s American Community Survey (ACS) is an ongoing survey that provides data on a yearly basis, helping practitioners learn about their communities and informing the allocation of Federal and State funds. ACS estimates are based on a sample of the population (rather than official count of the population, which is reflected in the decennial Census). The ACS collects information on economic, housing, social and demographic characteristics, and produces annual population and housing characteristic data that reflects the period of time over which the data are collected (averaging data for 12 months or 60 months). See Figure ACS 1 for examples of data collected under each of the four categories. The ACS includes three key annual data releases:

  • One-year estimates (for large populations)
  • One-year supplemental estimates (for small populations)
  • Five-year estimates (very small populations)

How can ACS be used for EJ and equity analysis?

ACS data can be analyzed to understand community characteristics ranging from the national- to block-group geographic level, the most common of which are State, county, place, Census tract, and block group. ACS data can be browsed by topics relevant to EJ and equity analysis, such as education, employment, health, housing, income and poverty, and race and ethnicity; the selected characteristics can then be analyzed by geography (for example, all Census tracts within a county) through ACS-produced data tables and maps. This data may inform transportation planning and project development, for example, by helping practitioners understand where low-income and minority populations are located within their communities and provide services such as public transportation or avoid impacts such as community-dividing highway projects accordingly.

Next steps and resources

The ACS website provides a number of resources, such as Guidance for Data Users, information on why the U.S. Census Bureau asks each question in the ACS, and Handbooks for Data Users that explain how to use data for particular purposes and include case studies on ACS applications. Practitioners can sign up for ACS alerts via GovDelivery and can contact customer service support at acso.users.support@census.gov or 800-923-8282 for more information.

EJSCREEN is EPA’s web-based GIS tool that allows for nationally consistent EJ screening and mapping, combining environmental and demographic data to highlight where vulnerable populations may be disproportionately impacted by pollution. The tool features 11 EJ indexes (one for each environmental indicator) based on annually updated, high-resolution environmental and demographic data. EJSCEEN uses block group-level ACS Census data, all of which is available for download.

How can EJSCREEN be used for EJ and equity analysis?

Figure EJSCREEN 1. EJSCREEN’s EJ Indexes by environmental variable. Image provided by EPA.

EJSCREEN’s EJ indexes are calculated at the block-group level using a demographic index (comprised of an average of low-income communities and communities of color) and an environmental indicator (e.g., traffic proximity). These indexes are intended to help identify areas that may have higher pollution burdens and vulnerable populations present. EJSCREEN analysis results are ranked as percentiles; for example, ranking at the 80th percentile nationwide means that 20 percent of the U.S. population has a higher value. Ranking values as percentiles allows comparison of indicators that are measured with different units but does not mean that the risks are equal or comparable.

EJSCREEN also includes a wealth of environmental and demographic data that can inform practitioners’ EJ and equity work, such as information on facility reporting, air and water pollution, data related to commute times, educational attainment, languages spoken in the household, places of importance to communities, modes of transportation, and others that can be layered for equity analysis and useful for community outreach and engagement. EJSCREEN is used by Federal, State, and local agencies; community organizations; individuals; and other groups to inform EJ and environmental analyses, community outreach, prioritization, reporting, education, and research.

Next steps and resources

EPA will continue to incorporate EJSCREEN into its programs and activities and to support its partners in their use of EJSCREEN to for EJ analysis. Additionally, EPA plans to continue public engagement and evaluation activities, improve training and access to learning materials, improve the usability and access of the tool, and expand map layers relevant to EJ communities. Practitioners can contact Tai Lung at Lung.Tai@epa.gov for additional information or view EPA’s EJSCREEN Office Hours recordings.


Training

The FHWA provides formal training on the application of EJ in the transportation decision-making process through the National Highway Institute (NHI) and technical assistance offered by the FHWA Resource Center Technical Service Teams. Pre-recorded webinars, which can provide additional training opportunities, are included in this section. Examples of available EJ courses are listed below.

NHI-142095 Justice (EJ) Analysis in the National Environmental Policy Act (NEPA)
This course focuses on helping transportation professionals effectively implement EO 12898, DOT Order 5610.2C, FHWA Order 6640.23A and FHWA 2011 Guidance on Environmental Justice in NEPA by identifying and addressing disproportionately high and adverse effects of proposed transportation projects. In this course, you will walk through the Environmental Justice analysis process, including proper documentation of the process, evaluation of community outreach and involvement strategies, and attaining hands-on experience working with U.S. Census data and analysis tools.

Executive Order (EO) 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, stipulates that each Federal agency shall make achieving Environmental Justice (EJ) 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. The EO is also intended to promote nondiscrimination in federal programs that substantially affect human health and the environment and to provide minority and low-income populations access to public information on, and an opportunity for public participation in, matters relating to human health or the environment.

The US Department of Transportation Updated Environmental Justice Order 5610.2C established DOT procedures to comply with EO 12898. This Departmental Order is a key component of DOT's Environmental Justice Strategy (also see FHWA Order 6640.23A: FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).

At the FHWA, EJ focuses on identifying and addressing disproportionately high and adverse human health or environmental effects of the agency's programs, policies, and activities on minority populations and low-income populations to achieve an equitable distribution of benefits and burdens.

Note: On April 21, 2023, EO 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All was signed and the FHWA is evaluating the requirements of this new EO at the time of releasing this new course. However, E0 14096 does not rescind EO 12898 which is currently implemented through DOT Order 5610.2C and FHWA Order 6640.23A. This implementation will continue until further guidance is provided regarding the implementation of the new EO 14096 on environmental justice. Stay tuned for updates.
A week before attending the in-person two day course, participants will need to complete the following:

OUTCOMES:
Upon completion of the course, participants will be able to:

  • By the end of this course, participants will be able to:
  • Explain why Environmental Justice (EJ) is important when implementing transportation projects.
  • Use available data and stakeholder input to identify and evaluate beneficial and adverse effects of preferred alternatives on EJ populations.
  • Explain EJ analysis and documentation best practices

TARGET AUDIENCE:
The target audience includes: transportation project managers; engineers and practitioners; EJ subject matter experts; public involvement specialists; community impact analysts; environmental protection specialists; data analysts; legal sufficiency reviewers; NEPA document preparers, reviewers, and approvers.

Questions: If you have questions about this NHI training, please contact NHI at NHICustomerService@dot.gov or 877.558.6873

Description: Fundamentals of Environmental Justice (WBT) explains how environmental justice, or EJ, applies to each stage of transportation decision making. FHWA, and its partners are committed to integrating the principles of EJ and nondiscrimination into all Federal programs, projects, and activities. In this course, participants are presented with a variety of strategies and resources for considering and addressing EJ throughout the transportation decision-making process.

Outcomes: Upon completion of the course, participants will be able to:

  • Describe the background of EJ as related to transportation and decision making.
  • Identify definitions, principles, and benefits related to EJ.
  • Describe the importance of public involvement in the transportation decision-making process.
  • Describe EJ considerations in the transportation planning process.
  • Describe EJ considerations in environmental review and design.
  • Describe EJ considerations related to the right of way phase of transportation decision making.
  • Identify EJ considerations during construction, operations, and maintenance.

Target Audience: The target audience consists of transportation practitioners (entry-level to senior-level) employed at a range of organizations, including State Departments of Transportation, Metropolitan Planning Organizations, local transportation agencies, and consulting firms. The typical learner may hold the following professional roles: data analyst, planner, project-development specialist, environmental specialist, civil rights specialist, consultant, or any other job function that may require knowledge of environmental justice and transportation. Also, those who interact with minority and/or low-income communities; provide community services; and elected officials and their representatives may benefit from this course.

Questions: If you have questions about this NHI training, please contact NHI at NHICustomerService@dot.gov or 877.558.6873.

A recently enacted Executive Order (EO) concerning environmental justice (EJ) includes EO 14096—Revitalizing Our Nation’s Commitment to Environmental Justice for All (April 21, 2023). Additional information regarding this EO can also be found here: FACT SHEET: President Biden Signs Executive Order to Revitalize Our Nation’s Commitment to Environmental Justice for All. The new EO 14096 on EJ does not rescind EO 12898, which FHWA is implementing through the current DOT and FHWA EJ Orders. As more information becomes available regarding the implementation of EO 14096, it will be provided on this webpage.