Department of Transportation Final Environmental Justice Strategy

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket 50125]

Department of Transportation Final Environmental Justice Strategy

AGENCIES: Office of the Secretary: Departmental Office of Civil Rights

and Office of Assistant Secretary for Transportation Policy; DOT.

ACTION: Notice of final environmental justice strategy.

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SUMMARY: The Department of Transportation is issuing its final

environmental justice strategy, which contains the Department's

commitment to certain principles of environmental justice embodied in

the Secretary's Strategic Plan, and identifies actions the Department

intends to take to implement Executive Order 12898. The strategy is

published as a final document; however, it should be viewed as a living

document that may be adjusted periodically in response to insights

acquired while implementing its various provisions.

The strategy is issued in response to Executive Order 12898, signed

by President Clinton on February 11, 1994. The Order directs each

Federal agency to develop a strategy to address

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environmental justice concerns in its programs, policies and

regulations. The thrust of the Executive Order is to avoid

disproportionately high and adverse impacts on minority and low-income

populations with respect to human health and the environment.

Published elsewhere in this edition of the Federal Register is a

proposed Order on environmental justice providing guidance to be

followed by the Department of Transportation and its operating

administrations to implement executive Order 12898.

FOR FURTHER INFORMATION CONTACT: Ira Laster, Jr., Office of

Environment, Energy, and Safety, Office of the Assistant Secretary for

Transportation Policy, telephone (202) 366-4859, or Alyce Boyd-Stewart,

Departmental Office of Civil Rights, telephone (202) 366-9366, U.S.

Department of Transportation, 400 7th Street SW, Washington, D.C.

20590.

Dated: June 21, 1995.

Antonio J. Califa,

Director, Departmental Office of Civil Rights.

Joseph Canny,

Deputy Assistant Secretary for Transportation Policy.

Department of Transportation

Environmental Justice Strategy

Introduction

This strategy is issued in response to Executive Order 12898,

signed by President Clinton on February 11, 1994, on ``Federal Actions

to Address Environmental Justice in Minority Populations and Low-Income

Populations.'' This strategy sets forth the Department of

Transportation's (DOT) approach to implementing E.O. 12898 in all

relevant programs and activities sponsored, supported and undertaken by

the Department. The Executive Order requires each Federal agency to

develop a specific agency-wide strategy for implementing its

provisions. The thrust of the Executive Order is to identify and

address, as appropriate, disproportionately high and adverse human

health or environmental effects of each agency's programs, policies,

and activities on minority populations and low-income populations.

The strategy contains the Department's commitment to certain

principles of environmental justice embodied in the Secretary's

Strategic Plan, and identifies actions the Department intends to take

to implement Executive Order 12898. The strategy is published as a

final document; however, it should be viewed as a living document that

may be adjusted periodically in response to insights acquired while

implementing its various provisions. DOT plans further opportunity for

public comments on its strategy and implementing actions.

DOT is committed to embracing the objectives of Executive Order

12898 by promoting enforcement of all applicable planning and

environmental regulations and legislation, and by promoting non-

discrimination in its programs, policies and activities that affect

human health and the environment, consistent with Executive Order

12898, and Title VI of the Civil Rights Act of 1964. DOT is also

committed to bringing government decisionmaking closer to the

communities and people affected by these decisions and ensuring

opportunities for greater public participation in decisions relating to

human health and the environment.

Many of the objectives of the E.O. are embodied in the missions,

goals, and objectives of the Secretary's Strategic Plan and are briefly

summarized as follows:

Improve the environment and public health and safety in

the transportation of people and goods, and the development and

maintenance of transportation systems and services.

Harmonize transportation policies and investments with

environmental concerns, reflecting an appropriate consideration of

economic and social interests.

Consider the interests, issues, and contributions of

affected communities, disclose appropriate information, and give

communities an opportunity to be involved in decisionmaking.

The Department will implement the E.O. by integrating its

provisions into existing DOT programs, policies, activities,

regulations, and guidance to the greatest extent possible.

Development of the DOT Strategy

1. Secretary's Directive

Upon receipt of the Executive Order and the accompanying

Presidential Memorandum, Secretary Pena established a Department-wide

working group and directed the development of a Department-wide

strategy.

During senior level staff meetings in December 1994 and March 1995,

Secretary Pena emphasized his commitment to comply with Executive Order

12898 and instructed senior level staff to support the executive order

and encouraged them to incorporate the principles of environmental

justice in program planning, budgeting, program development, program

activities, and program evaluation, as appropriate.

In a recent memorandum to Secretarial offices and operating

administrations,* Secretary Pena stated his strong personal endorsement

of their efforts to carry out the responsibilities set out in the

Department's Environmental Justice Strategy in an effective and timely

manner.

*Operating administrations, a.k.a. modal administrations,

include: The United States Coast Guard, the Federal Aviation

Administration, the Federal Highway Administration, the Federal

Railroad Administration, the National Highway Traffic Safety

Administration, the Federal Transit Administration, the St. Lawrence

Seaway Development Corporation, the Maritime Administration, and

Research and Special Programs Administration.

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a. National Conference on Transportation, Social Equity, and

Environmental Justice in Chicago.

This conference, cosponsored by the Federal Transit Administration

and the Surface Transportation Policy Project, brought together

approximately 150 persons, mostly community activists from around the

country, with DOT and other public officials. The meeting, held on

November 17-18, 1994, in Chicago identified key transportation-related

environmental and social issues of concern to persons living in

predominately low-income and minority communities. Suggestions for

actions to redress these concerns were also sought.

b. Inter-Departmental Public Meeting in Atlanta

On January 20, 1995, DOT participated, along with other Federal

departments/agencies, in a public meeting in Atlanta to solicit

comments on environmental justice issues as they relate to Federal

Government programs. A portion of the meeting was televised nationwide

by satellite to designated downlink sites.

c. Federal Register Notice

DOT published its proposed strategy in the Federal Register on

February 21, 1995, with a request for comment. In addition, the

Department mailed approximately 3,000 copies of the document to

Departmental constituent groups and representatives of the

environmental justice community. Based on comments received, DOT

modified its strategy and streamlined its description in this document.

Elements of the DOT Strategy

1. Public Outreach on Implementation of the Environmental Justice

Strategy

DOT plans, and will review with environmental justice stakeholders,

its plans for the following activities: (1)

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grass roots meetings to better understand community-based environmental

justice concerns and to provide training on the transportation

decisionmaking processes; (2) a secretarial level meeting of experts,

traditional DOT stakeholders and environmental justice representatives

to recommend specific policies and actions to implement Executive Order

12898 and the Department's Environmental Justice Strategy; and (3)

regional workshops for state and local officials on implementing the

Strategy.

2. DOT Order on Environmental Justice

A key component of the DOT Environmental Justice Strategy is a

proposed DOT Order providing guidance to be followed by the Department

and its operating administrations to implement Executive Order 12898.

The DOT Order will apply to all appropriate DOT regulations, policies,

guidance, and program activities as well as to any program, project, or

activity undertaken by DOT or that receives financial assistance or

permits from DOT, which may have environmental justice implications.

The proposed DOT Order would ensure that all appropriate components of

the Department will apply this strategy to appropriate aspects of their

programs, policies, and activities in a way that integrates

environmental justice considerations into existing agency operations

rather than creating a separate set of requirements.

While the precise contents of the proposed DOT Order have not yet

been fully developed, the Department anticipates that the Order will

achieve several objectives. First, under the proposed Order, the Office

of the Secretary and operating administrations of DOT would review

their regulations, programs, policies, guidance, and procedures that

affect human health or the environment to identify those that should be

revised and revise them, as appropriate, to comply with Executive Order

12898. This review will include, but not be limited to, regulations,

programs, policies, guidance, and procedures related to short and long-

range planning and programming, the National Environmental Policy Act

(NEPA), pollution prevention, worker safety, environmental compliance,

hazardous materials transportation, research, data collection,

training, public participation, and relocation.

Second, the proposed DOT Order would set forth guidance to be used

by DOT, its operating administrations, the recipients of DOT financial

assistance, and state and local officials to determine whether a DOT or

a DOT-funded program, policy, project, or activity (DOT action) is

likely to have disproportionately high and adverse human health or

environmental effects on low-income or minority populations. As part of

this process, DOT, its operating administrations, and recipients of

Federal financial assistance will provide appropriate and meaningful

opportunities for comment by representatives of affected communities.

Third, under the proposed DOT Order, DOT would develop potential

strategies and measures to address, as appropriate, disproportionately

high and adverse effects of their actions and those of recipients of

DOT funds, consistent with requirements of other statutes and

procedures. These measures may include pollution prevention, and health

and safety measures, as well as mitigation and compensatory measures.

This process would include procedures to provide meaningful

opportunities for public involvement by low-income and minority

populations, including community input in identifying potential

mitigation measures for DOT actions.

The proposed DOT Order also would provide for data collection or

research as needed to provide information to comply with Executive

Order 12898. Public input will be solicited regarding these activities.

The DOT Order will provide guidance on how to achieve compliance

with Executive Order 12898 under existing environmental and civil

rights laws in cases where disproportionate impacts have been

identified. (The DOT Order was distributed for public review in draft

form on May 11, 1995, at an environmental justice conference in

Atlanta, Georgia.)

3. DOT Training on Environmental Justice

In order to ensure that DOT managers are fully aware of their

responsibilities under Executive Order 12898 and pre-existing statutory

mandates, DOT will hold information seminars on environmental justice

for selected program managers throughout the Department.

Representatives of the environmental justice community will be

consulted in the planning of these seminars.

In addition, in keeping with the Department's philosophy of

integrating environmental justice considerations into all appropriate

departmental programs and activities, DOT operating administrations

will review and modify existing training courses to ensure adequate

coverage of environmental justice principles and to use training

examples that include environmental justice aspects. These courses

include such subjects as compliance with environmental mandates,

infrastructure planning and development, public involvement, and

management of departmental facilities and resources. The audience for

these training courses includes DOT employees and recipients of DOT

funding.

Role of Key DOT Elements in Complying With Environmental Justice

Executive Order

Each element of the Department will undertake specific actions

needed to implement the DOT Order on environmental justice. The actions

undertaken will be developed and refined as the Department's strategy

evolves. The following organizations will have key roles to play in the

implementation process:

a. Assistant Secretary for Transportation Policy

The Office of the Assistant Secretary for Transportation Policy

maintains liaison with various elements of the Department in an effort

to ensure that each appropriate element examines its programs and

activities and takes appropriate actions to comply with Executive Order

12898. This office is also responsible for monitoring implementation of

the DOT environmental justice strategy to help keep the strategy

relevant and foster consistency and comprehensiveness in complying with

the principles embodied in the Executive Order. In addition, the office

will work to keep high-level Departmental officials properly involved

in achieving the strategy's objectives and in maintaining liaison with

non-DOT departments and agencies as well as the environmental justice

community.

The Department will review and update, as appropriate, its

Procedures for Considering Environmental Impacts, DOT Order 610.1C, to

ensure that it is consistent with Executive Order 12898 and DOT's

proposed order on environmental justice. Attachment 2 to Order 5610.1C

sets forth guidance on the format and content of environmental review

documents and compliance with the National Environmental Policy Act and

other environmental statutes, regulations, and executive orders, such

as Section 4(f) of the DOT Act (49 U.S.C. 303). This attachment will be

updated to reflect the requirements of Executive Order 12898 and to

outline the need to address potential disproportionately high and

adverse health, or environmental impacts on affected

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populations and communities. DOT operating administrations also will

review and update their own environmental guidance.

b. Departmental Office of Civil Rights

Executive Order 12898 and the accompanying Presidential Memorandum

underscore certain provisions of existing laws that can be used to

ensure that all persons live in a safe and healthy environment. The

Memorandum focuses on Title VI of the Civil Rights Act, which provides

that programs and activities of recipients of Federal financial

assistance may not discriminate based on race, color or national

origin. The proposed DOT Order described above will provide the

operating administrations with a framework to ensure that their

policies, programs, and procedures comply with the intent of the

Executive Order, including meeting the requirements of Title VI.

In addition, the Departmental Office of Civil Rights will provide

leadership and technical assistance to the operating administrations

and to major recipients of DOT funds in the administration of their

Title VI responsibilities which relate to environmental justice. This

may take the form of guidelines, memoranda of general applicability,

and training designed to achieve environmental justice for members of

minority populations.

c. Operating Administrations

DOT and its operating administrations will review the allocation of

education and research funds to historically black colleges and

universities and other minority institutions and minority students and

faculty in light of E.O. 12898. In addition, DOT will review its

research programs to determine whether and how minority and low-income

populations may be more appropriately included in the scope of

particular research projects. Improved outreach to affected populations

will be developed.

Each operating administration will implement the DOT strategy,

including public outreach, the DOT Order on environmental justice, and

training. Each operating administration will continue to cooperate in

these matters with the Departmental Office of Civil Rights and the

Assistant Secretary for Transportation Policy.

[FR Doc. 95-15665 Filed 6-28-95; 8:45 am]

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