Environmental Justice Chronicle

In This Issue:
EPA Offers Air Quality Grants
DVRPC Participates in Harvard Civil Rights Project
New Grant Website Launched
Environmental Justice Executive Order 12898
Interesting Reading

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Environmental Protection Agency Offers Air Quality Grants

The U. S. Environmental Protection Agency (EPA) has grants available for programs that address indoor environmental quality issues by developing and implementing outreach and partnership programs to inform and educate the public about indoor air quality, as well as actions that reduce potential risks in homes, schools, and workplaces.

Eligible Applicants include:
State governments
Public and state controlled institutionsof higher education
Native American tribal governments(Federally recognized)
Nonprofits having a 501(c)(3) status with the IRS,other than institutions of higher education
Private institutions of higher education
Individuals

For further information go to:
www.fedgrants.gov/Applicants/EPA/OGD/GAD/EPAGRANTS-060905-001/Grant.html

DVRPC Participates in Harvard Civil Rights Project

As part of a transportation equity project conducted by the Harvard University Civil Rights Project (CRP), DVRPC provided a paper that explained its technical EJ methodology. This paper comprised one of a series of case studies from various parts of the country, including Maryland, Georgia and California.

In January, 2005, DVRPC also took part in a panel session at the 84th Annual Meeting of the Transportation Research Board (TRB) in Washington, D.C., and presented this paper along with three other speakers. That same month, the Commission's staff participated in a day-long roundtable that was sponsored by both the CRP and the Brookings Institute, at which presentations and discussions were shared among academic researchers, practitioners and advocates. The goal of the overall project and the roundtable was to help affect transportation policies on the national, state and local levels. The project allowed and encouraged an exchange of ideas and potential partnerships among the participants and their organizations on a long-term basis.

New Web Site Makes Applying for Federal Grants a Breeze

A new web site at Grants.Gov greatly simplifies the process that community-based and other organizations must follow when seeking and applying for grants from any one of 26 federal departments and agencies. Not only does this new system allow you to apply for federal grants online, but, because your application information is stored in the system, it is automatically generated on all future applications. In addition, organizations that register on the system will receive immediate electronic notice of new grant opportunities and changes to published announcements. For more information, visit: http://www.grants.gov

EnvironmentalJustice ExecutiveOrder 12898

President William J. Clinton, February 11, 1994

Federal Actions to Address Environmental Justice in Minority Populations & Low-Income Populations

Section 1-1. Implementation

1-101.
Agency Responsibilities. To the greatest extent practicable and permitted by law, and consistent with the principles set forth In the report on the National Performance Review, 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 and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Marian islands.

1-102.
Creation of an Interagency Working Group on Environmental Justice.

(a) Within 3 months of the date of this order, the Administrator of the Environmental Protection Agency ("Administrator") or the Administrator's designee shall convene an Interagency Federal Working Group on Environmental Justice ("Working- Group"). The Working Group shall comprise the heads of the following executive agencies and offices, or their designees:

(a) Department of Defense;
(b) Department of Health and Human Services;
(c) Department of Housing and Urban Development;
(d) Department of Labor;
(e) Department of Agriculture;
(f) Department of Transportation;
(g) Department of Justice;
(h) Department of the Interior;
(i) Department of Commerce;
(j) Department of Energy;
(k) Environmental Protection Agency;
(1) Office of Management and Budget;
(m) Office of Science and Technology Policy;
(n) Office of the Deputy Assistant to the President for Environmental Policy;
(o) Office of the Assistant to the President for Domestic Policy;
(p) National Economic Council;
(q) Council of Economic Advisers; and
(r) such other Government officials as the President may designate. The Working Group shall report to the President through the Deputy Assistant to the President for Environmental Policy and the Assistant to the President for Domestic Policy.

(b) The Working Group shall:

(1) provide guidance to Federal agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on minority populations and low-income populations;
(2) coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency as it develops an environmental justice strategy as required by section 1-103 of this order, in order to ensure that the administration, interpretation and enforcement of programs, activities and policies are undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other agencies conducting research or other activities in accordance with section 3-3 of this order;
(4) assist in coordinating data collection, required by this order;
(5) examine existing data and studies on environmental justice;
(6) hold public meetings at required in section 5- 502(d) of this order; and
(7) develop interagency model projects on environmental justice that evidence cooperation among Federal agencies.

1-103.
Development of Agency Strategies.

(a) Except as provided in section 6-605 of this order, each Federal agency shall develop an agency-wide environmental justice strategy, as set forth in subsections (b) - (e) of this section that identifies and addresses disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and lowincome populations. The environmental justice strategy shall list programs, policies, planning and public participation processes, enforcement, and/or rulemakings related to human health or the environment that should be revised to, at a minimum:

(1) promote enforcement of all health and environmental statutes in areas with minority populations and low-income populations:
(2) ensure greater public participation;
(3) improve research and data collection relating to the health of and environment of minority populations and low-income populations; and
(4) identify differential patterns of consumption of natural resources among minority populations and low-income populations. In addition, the environmental justice strategy shall include, where appropriate, a timetable for undertaking identified revisions and consideration of economic and social implications of the revisions.

(b) Within 4 months of the date of this order, each Federal agency shall identify an internal administrative process for developing its environmental justice strategy, and shall inform
the Working Group of the process.
(c) Within 6 months of the date of this order, each Federal agency shall provide the Working Group with an outline of its proposed environmental justice strategy.
(d) Within 10 months of the date of this order, each Federal agency shall provide the Working Group with its proposed environmental justice strategy.
(e) Within 12 months of the date of this order, each Federal agency shall finalize its environmental justice strategy and provide a copy and written description of its strategy to the Working Group. During the 12 month period from the date of this order, each Federal agency, as part of its environmental justice strategy, shell identify several specific projects that can be promptly undertaken to address particular concerns identified during the development of the proposed environmental justice strategy, and a schedule for implementing those projects.
(f) Within 24 months of the date of this order, each Federal agency shall report to the Working Group on its progress in implementing its agency-wide environmental justice strategy.
(g) Federal agencies shall provide additional periodic reports to the Working Group as requested by the Working Group.

1-104.
Reports to The President. Within 14 months of the date of this order, the Working Group shall submit to the President, through the Office of the Deputy Assistant to the President for Environmental Policy and the Office of the Assistant to the President for Domestic Policy, a report that describes the implementation of this order, and includes the final environmental justice strategies described in section 1-103(e) of this order.

Sec. 2-2. Federal Agency Responsibilities For Federal Programs
Each Federal agency shall conduct its programs, policies, and activities that substantially affect human health or the environment, in a manner that ensures that such programs, policies, and activities do not have the effect of excluding persons (including populations) from participation in, denying persons (including populations) the benefits of, or subjecting persons (including populations) to discrimination under, such, programs, policies, and activities, because of their race, Color, or national origin.

Sec. 3 -3. Research, Data Collection, and Analysis

3-301.
Human Health and Environmental Research and Analysis.

(a) Environmental human health research, whenever practicable and appropriate, shall include diverse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards, such as minority populations, low-income populations and workers who may be exposed to, substantial environmental hazards.
(b) Environmental human health analyses, whenever practicable and appropriate, shall identify multiple and cumulative exposures.
(c) Federal agencies shall provide minority populations and low-income populations the opportunity to comment on the development and design of research strategies undertaken pursuant to this order.

3-302.
Human Health and Environmental Data Collection and Analysis To the extent permitted by existing law, including the Privacy Act, as amended (5 U.S.C. section 552a):

(a) each federal agency, whenever practicable and appropriate, shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income. To the extent practical and appropriate, Federal agencies shall use this information to determine whether their programs, policies, and activities have disproportionately high and adverse human health or environmental effects on minority populations and low-income populations;
(b) In connection with the development and implementation of agency strategies in section 1-103 of this order, each Federal agency, whenever practicable and appropriate, shall collect, maintain and analyze information on the race, national origin, income level, and other readily accessible and appropriate information for areas surrounding facilities or sites expected to have substantial environmental, human health, or economic effect on the surrounding populations, when such facilities or sites become the subject of a substantial Federal environmental administrative or judicial action. Such information shall be made available to the public unless prohibited by law; and
(c) Each Federal agency, whenever practicable and appropriate, shall collect, maintain, and analyze information on the race, national origin, income level, and other readily accessible and appropriate information for areas surrounding Federal facilities that are:

(1) subject to the reporting requirements under the Emergency Planning and Community Right-to- Know Act, 42 U.S.C. section 11001-11050 as mandated in Executive Order No. 12856; and
(2) expected to have a substantial environmental, human health, or economic effect on surrounding populations. Such information shall be made available to the public unless prohibited by law.

(d) In carrying out the responsibilities in this section, each Federal agency, whenever practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State, local, and tribal governments.

Sec. 4-4. Subsistence Consumption Of Fish And Wildlife

4-401.
Consumption Patterns. In order to assist in identifying the need for ensuring protection of populations with differential patterns of subsistence consumption of fish and wildlife, Federal agencies, whenever practicable and appropriate, shall collect, maintain, and analyze information on the consumption patterns of populations who principally rely on fish and/or wildlife for subsistence. Federal agencies shall communicate to the public the risks of those consumption patterns.

4-402.
Guidance. Federal agencies, whenever practicable and appropriate, shall work in a coordinated manner to publish guidance reflecting the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife. Agencies shall consider such guidance in developing their policies and rules.

Sec. 5-5. Public Participation and Access to Information

(a) The public may submit recommendations to Federal agencies relating to the incorporation of environmental justice principles into Federal agency programs or policies. Each Federal agency shall convey such recommendations to the Working Group.
(b) Each Federal agency may, whenever practicable and appropriate, translate crucial public documents, notices, and hearings relating to human health or the environment for limited English speaking populations.
(c) Each Federal agency shall work to ensure that public documents, notices, and hearings relating to human health or the environment are concise, understandable, and readily accessible to the public.
(d) The Working Group shall hold public meetings, as appropriate, for the purpose of fact-finding, receiving public comments, and conducting inquiries concerning environmental justice. The Working Group shall prepare for public review a summary of the comments and recommendations discussed at the public meetings.

Sec. 6-6. General Provisions

6-601.
Responsibility for Agency Implementation. The head of each Federal agency shall be responsible for ensuring compliance with this order. Each Federal agency shall conduct internal reviews and take such other steps as may be necessary to monitor compliance with this order.

6-602.
Executive Order No. 12250. This Executive order is intended to supplement but not supersede Executive Order No. 12250, which requires consistent and effective implementation of various laws prohibiting discriminatory practices in programs receiving Federal financial assistance. Nothing herein shall limit the effect or mandate of Executive Order No. 12250.

6-6O3.
Executive Order No. 12875. This Executive order is not intended to limit the effect or mandate of Executive Order No. 12875.

6-604.
Scope. For purposes of this order, Federal agency means any agency on the Working Group, and such other agencies as may be designated by the President, that conducts any Federal program or activity that substantially affects human health or the environment. Independent agencies are requested to comply with the provisions of this order.

6-605.
Petitions far Exemptions. The head of a Federal agency may petition the President for an exemption from the requirements of this order on the grounds that all or some of the petitioning agency's programs or activities should not be subject to the requirements of this order.

6-606.
Native American Programs. Each Federal agency responsibility set forth under this order shall apply equally to Native American programs. In addition the Department of the Interior, in coordination with the Working Group, and, after consultation with tribal leaders, shall coordinate steps to be taken pursuant to this order that address Federally- recognized Indian Tribes.

6-607.
Costs. Unless otherwise provided by law, Federal agencies shall assume the financial costs of complying with this order.

6-608.
General. Federal agencies shall implement this order consistent with, and to the extent permitted by, existing law.

6-609.
Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person. This order shall not be construed to create any right to judicial review involving the compliance or noncompliance of the United States, its agencies, its officers, or any other person with this order.

Interesting Reading

1. Moving to Equity: Addressing Inequitable Effects of Transportation Policies on
Minorities
(June 2003)
Thomas W. Sanchez, Rich Stolz, and Jacinta S. Ma.

This report prepared by the Civil Rights Project at Harvard University and the Center for Community Change identifies surface transportation policies' inequitable effects. It examines existing research in the area and highlights the critical need for more research and data collection related to the impact of transportation polices on minority and low-income communities. It also makes recommendations to address the racial injustices created by transportation polices.

2. Clearing the Air, Public Health Threats from Cars and Heavy Duty Vehicles - Why We Need to Protect Federal Clean Air Laws
(August 19, 2003)
Mafruza Khan and Greg LeRoy.

This report ranks metropolitan areas nationwide by the highest number of days of unhealthy air pollution levels over the last three years using new data from the U.S. Environmental Protection Agency. Riverside-San Bernardino ranked worst nationwide with 445 days of unhealthy air during 2000-2002 (an average of 148 days per year.) Other cities ranking in the top twelve worst include Fresno, CA, Los Angeles, CA, Sacramento, CA, Pittsburgh, PA, Knoxville, TN, Birmingham, AL and Cleveland, OH. The report also includes state fact sheets that identify cities in each state with the worst air pollution and the prevalence of asthma by metro area.

3. Integrating Public Health Objectives in Transportation Decision-Making
(The Science of Health Promotion)
(September/October 2003, Vol. 18, No. 1: 103-108) Todd Litman.

Conventional transportation planning tends to overlook negative health impacts resulting from increased motor
vehicle travel and potential health benefits from shifts to alternative modes. Raising the priority of health objectives supports planning reforms that result in a more balanced transportation system. The author explores how transportation decision-making can better support public health objectives, including reduced crashes and pollution emissions, and more physical activity.

4. Improving Metropolitan Decision Making in Transportation: Greater Funding and Devolution for Greater Accountability
(The Brookings Institution. Washington, DC)
(October 2003)

This study documents metropolitan planners' responsiveness to local needs such as transit. Despite the fact that they control significantly fewer federal dollars, metropolitan planning organizations have committed more money to transit than their state-level counterparts in the past five years. The findings from the study call for an increased role for metropolitan planning organizations in making decisions on federal transportation spending and recommend that the Congestion Mitigation and Air Quality Improvement program funds be programmed by the regions with poor air quality.

5. The 2003 Annual Urban Mobility Report
(Texas Transportation Institute)
(October 2003)

The Annual Report of the Urban Mobility Study provides information about transportation trends between 1982 and 2000 and analyzes issues that the motoring public, transportation officials, and policy makers often raise regarding transportation mobility and traffic congestion. The report measures the effect of five congestion remedies in the cities where they are being used. Specifically, the study illustrates the effect of public transportation service and bus and car pool lanes, and three types of roadway operating efficiencies - traffic signal coordination, freeway incident management (clearing crashes and disabled vehicles) and the use of freeway entrance ramp meters (signals that regulate traffic flow onto the freeway).

6. Special Issue on Impact of Built Environment on Health Vol. 93, Issue 9
( American Journal of Health Promotion and the AmericanJournal of Public Health)
(September, 2003)

This issue thoroughly reviews the most up-to-date research on the relationship between community design and health. It is the first to link obesity directly to the built environment. Researchers used Centers for Disease Control and Prevention data to look at health characteristics of more than 200,000 individuals living in 448 U.S. counties in major metropolitan areas. They assessed the degree of sprawl in each county using U.S. Census and other federal data. Sprawl development results in spread-out communities where homes are far from shops, restaurants, or any other destination. The study shows that, as sprawl increases, so do the chances that residents will be obese or have high blood pressure. People living in the most sprawling counties are likely to weigh six pounds more than people in the most compact county, and are more likely to be obese. The study also found that people in sprawling areas walk less. Distance, lack of sidewalks and other barriers keep them from walking to the store or other destinations. The report and other studies from the special issue of the American Journal of Health Promotion are available at www.healthpromotionjournal.com. Studies from the special issue of the American Journal of Public Health are available at www.ajph.org.

7. The New Transit Town: Best Practices in Transit-Oriented Development
(Island Press, 2003)
Hank Dittmar and Gloria Ohland.

This edited volume brings together experts in planning, transportation and sustainable design to examine the first generation of TOD projects and derive lessons for the next generation. Topics include a taxonomy of projects appropriate for different contexts; the planning and regulatory framework of "successful" projects; financing strategies; traffic and parking for TOD; and performance measures to help evaluate outcomes. There are case studies of Arlington County, Virginia, Dallas, Atlanta, San Jose and San Diego.

8. The Law of Environmental Justice
Michael B. Gerrard, Editor,
Kristina Alexander, Assistant Editor.

This one-volume treatise on the environmental uses of the Equal Protection Clause, Title VI and other portions of the Civil Rights Act, Executive Order 12898, and state and tribal laws. The book addresses stopping or building new facilities; controlling,cleaning up or redeveloping old facilities; controlling residential and occupational exposure; and assisting injured individuals. Legal issues in public participation, access to information and to the courts, impact and risk assessment, evidence, and legal ethics are also analyzed.

Environmental Justice Chronicle
is a publication of theDelaware Valley Regional Planning Commission, Office of Public Affairs, Candace Snyder, Director Kendall Miller, Manager of Public Involvement, Editor