OMP EIS Re-Evaluation: Interim Fly Quiet

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1 OMP EIS Re-Evaluation: Interim Fly Quiet Environmental Justice Presented to: By: Date: ONCC Technical Committee Amy Hanson November 13, 2018

2 Agenda Definition of Environmental Justice Fair Treatment without regard to race, ethnicity, and low-income/poverty status in development, implementation and enforcement of environmental laws regulations and policies Meaningful involvement in decisions affecting racial or ethnic minorities and/or low-income communities Regulatory Setting Governing FAA EJ Analysis Circumstances and examples where EJ analysis is required or indicated 2

3 Agenda (cont.) Primary Components of EJ Analysis Assessment of project s environmental effects across all relevant impact categories Distribution analysis of how project impacts vary geographically (likely varies for each environmental impact category). Identify Appropriate Data Sources US Census Bureau Products State and Local Datasets (e.g., land-use, residential sound insulation programs, property tax data/ parcels / improvements) Geo-spatial Analysis of Demographic Data characterizing populations underlying project impact areas 3

4 Definition Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental, and commercial operations or policies. 4

5 Definition (cont.) Meaningful Involvement means that: people have an opportunity to participate in decisions about activities that may affect their environment and/or health; the public s contribution can influence the regulatory agency s decision; their concerns will be considered in the decision making process; and the decisionmakers seek out and facilitate the involvement of those potentially affected. Source: Executive Order and FAA Order F Desk Reference 5

6 Definition (cont.) Race Minimum number of categories for data on race for Federal statistics, program administrative reporting, and civil rights compliance reporting is five (5), as follows: American Indian or Alaska Native Asian Black or African American Native Hawai ian or Other Pacific Islander White Source: US Office of Management & Budget Standards for Classification of Federal Data on Race and Ethnicity. 6

7 Definition (cont.) Ethnicity Minimum number of categories for data on race for Federal statistics, program administrative reporting, and civil rights compliance reporting is two (2), as follows: Hispanic or Latino Not Hispanic or Latino Ethnicity is a concept separate from race Hispanic or Latino A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish Culture, regardless of race. Data on Ethnicity should be collected/reported separately from data on race Source: US Office of Management & Budget Standards for Classification of Federal Data on Race and Ethnicity. 7

8 Definition (cont.) Low Income / Poverty Status A person whose income median household income is at or below the US Department of Health and Human Services (HHS) poverty guidelines HHS guidelines vary with household size HHS guidelines are uniform throughout lower 48 states & DC and do not differentiate between high- and low-cost of living areas HHS guidelines (Poverty Guideline) and US Census Bureau data (Poverty Threshold) differ slightly from each other and are disseminated for different purposes and missions HHS Poverty Guidelines used for administrative, eligibility determination for various aid programs US Census Bureau Poverty Thresholds are used for statistical purposes preparing estimates of number of Americans in poverty each year 8

9 Definition (cont.) Persons in Family / Household Published Poverty Guideline for 48 Contiguous States and DC (HHS 2016) Guideline Increase per Family Member Proposed IFQ Study Area Poverty Criteria (150% of HHS) Proposed IFQ Study Area Poverty Increase Increase per Family Member 1 $11, $ 17, $16, $4, $ 24, $ 6, $20, $4, $ 30, $ 6, $24, $4, $ 36, $ 6, $28, $4, $ 42, $ 6, $32, $4, $ 48, $ 6, $36, $4, $ 55, $ 6, $40, $4, $ 61, $ 6, Note: Poverty Guidelines for fractional household sizes would use the lower whole number, adding a straight line interpolation of the fractional increase per family member. Source: US Department of Health and Human Services, 2016 Poverty Guidelines for the 48 Contiguous States and the District of Columbia (81 Federal Register 4036) 9

10 History Concept of EJ evolved over several decades in response to activism by communities of color Long history in Highway projects of displacement of communities of color or low income communities tied to urban renewal. Long history of placing industrial land-uses which emitted toxins in communities with high concentrations minority and/or low income populations Labor/Industrial Actions during 1960s civil rights movement over working conditions and worker safety (Memphis Sanitation Workers Strike in 1968, United Farm Workers Strike in San Joaquin Valley in 1967) 10

11 History (cont.) Ultimately, direct action and protest translated into policy change 1982 GAO study Siting of Hazardous Waste Landfills and Their Correlation with Racial and Economic Status of Surrounding Communities made findings about how minorities bear disproportionate impact in certain states Environmental Protection Administrator establishes Environmental Equity Workgroup Issuance of Executive Order Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (February 11, 1994). 11

12 Regulatory Setting Fundamentally, EO implements Title VI of Civil Rights Act of Civil Rights Act, Title VI explicitly prohibits any discrimination (on account of one s race, color, or national origin) in Federally funded programs and projects, including those sponsored by the FAA. Presidential memorandum accompanying EO provides guidance that EJ would be largely implemented through processes established by Council on Environmental Quality (CEQ) to implement NEPA (i.e., EIS, EAs, CATEX) for both impact analysis and outreach to affected communities. 12

13 Regulatory Setting (cont.) CEQ Guidance Provides overarching framework Whether an action has EJ concerns is fact specific, dependent upon: History or circumstances of particular community or population, Particular type of human health or environmental impact Nature of proposed action itself Therefore the circumstances when EJ analysis is required, and the extent of the analysis, varies considerably US Department of Transportation Order 5610.(2)(a) Guidance for implementing EJ principles for subordinate agencies, including FAA 13

14 Regulatory Setting (cont.) FAA Order F Environmental Impacts: Policies & Procedures Agency specific guidance Companion Desk Reference incorporates definitions and methods for determining disproportionate impacts 14

15 Components of EJ Analysis Environmental Analysis including: Anticipated effects to environmental resources from a proposed Federal action, decision, or program, Analysis of how those anticipated effects are distributed geographically Investigation, detailed statistical analysis, and characterization of the demographic characteristics of those populations residing within the geographic areas receiving the environmental effects. Determination of whether impacts from a Federal action would affect EJ populations in a manner that is unique to those populations Enhanced outreach to EJ Communities to facilitate meaningful participation 15

16 Components of EJ Analysis (cont.) Data Collection: US Census Bureau (USCB) datasets Decennial Census (most recent full enumeration of population, last occurred in April 2010) Offers greatest degree fidelity (Census Block versus Census Block Group) Tradeoff depends upon whether granularity of data is more valuable than age of data American Community Survey Offers less fidelity (Census Block Group), relies on sampling versus complete enumeration, but contains more recent data (2016) State/Local datasets Vary in quality May contain specialized data useful to the analysis (e.g., RSIP data) 16

17 Components of EJ Analysis (cont.) Data Collection (cont.): Illustration of Generic Census Geography (Block/Block Group/Tract) 17

18 EJ Process Flow Determine Spatial Extent of Environmental Impacts Across Impact Categories Identify Appropriate Data Sources Identify Presence of Minority / Low-Income Populations Select Reference Population and Community of Comparison Perform Predominately Borne (50%) and Meaningfully Greater Analysis 18

19 EJ Process Flow (2 of 2) Estimate EJ Population Experiencing a Significant Impact, quantifying to extent the data permit Prepare Documentation (usually in context of NEPA study) Determination of whether impacts from a Federal action would affect EJ populations in a manner that is unique to those populations 19

20 Sample Outputs Tabular Data Note: For purpose of describing the affected environment within the vicinity of O Hare i.e., area within which effects may occur a study area is identified. For the 2005 EIS the Study Area for aircraft noise includes portions of 18 communities surrounding O Hare in which aircraft noise exposure has the potential to reach FAA levels of significance. 20

21 Sample Outputs Maps/Figures 21

22 Racial Composition of Population in Vicinity of O Hare 22

23 Ethnicity of Population in Vicinity of O Hare 23

24 Poverty Status of Populations in Vicinity of O Hare 24