2014 Environmental Justice Implementation Report
The U.S. Department of Transportation (DOT, the Department) integrates Environmental Justice (EJ) considerations into projects, policies, and programs across the Department, focusing on comprehensive implementation of the Department's revised EJ Strategy and Order.
DOT issued its original EJ strategy in 1995 to implement the requirements of Executive Order (EO) 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations". DOT updated its EJ Strategy in March 2012 recommitting to the EJ principles and to integrating those principles into DOT programs, policies and activities. In 1997, the Department issued an internal DOT Order on EJ (DOT Order 5610.2) as a key component of the original EJ strategy. DOT updated the Order in May 2012 (DOT Order 5610.2(a)), which sets forth the Department's commitment to achieving EJ as part of its mission and providing that it is DOT policy to promote EJ principles.
This year, the Department has emphasized Ladders of Opportunity to create economic growth and spark community revitalization, particularly for disadvantaged groups: low-income, minority, older adults, or individuals with disabilities. The transportation system plays a critical role in connecting Americans to opportunity by providing people with reliable and affordable connections to employment, education, services and other opportunities, creating career pathways into transportation jobs, and revitalizing neighborhoods and regions. Ladders of Opportunity concepts can be found in the Administration's GROW AMERICA Act reauthorization proposal, in several funding and grant announcements this year, and in our on-going technical assistance programs. We expect to continue the focus in 2015.
Specific actions and ongoing work to achieve EJ goals in 2014 in the DOT operating administrations are detailed below. Highlights include:
- The Federal Transit Administration (FTA) developed a two-day National Transit Institute (NTI) EJ training course intended to serve as an introductory-level tutorial for practitioners, reviewers, and grantees on effective ways for integrating the consideration of EJ impacts throughout the transportation planning and project development/National Environmental Policy Act (NEPA) processes. NTI conducted two deliveries of the training course during the year, in Chicago (July) and Los Angeles (September).
- The Federal Highway Administration's (FHWA) Office of Civil Rights (HCR) conducted a national Title VI Program webinar for Division Offices and State Transportation Agencies (FHWA's recipients) in September that included a component on EJ requirements for recipients and monitoring responsibilities of Division Offices.
- FHWA continues to consider effects on EJ communities through the NEPA process. For example, the environmental review for Interstate 70 in Denver, Colorado, considered noise and air quality impacts to a school in an EJ community. This resulted in recommended mitigation that included enhancements such as increased green space and concurrence for the proposed deck over alternative.
- The Federal Aviation Administration (FAA) extended a pilot to review major airport projects to determine if minority communities are adversely affected.
This year, the Department also continued to consider the needs of the most vulnerable populations. For example, DOT assessed the impact of potential projects on local communities and applied the DOT EJ strategy to climate adaptation and resiliency activities, in particular as part of FHWA's Gulf Coast Study and climate change resilience pilots. Additional information regarding DOT's climate adaptation activities can be found in the Department's recently released 2014 DOT Climate Adaptation Plan.
The Department continues to participate in the Interagency Working Group (IWG) on EJ as well as three subgroups within that workgroup that address EJ in the context of freight movement, implementation of NEPA, and Title VI of the Civil Rights Act. Title VI prohibits race, color, and national origin discrimination by recipients of financial assistance from DOT. Environmental justice issues may be raised in programs and activities supported through federal financial assistance. In those circumstances, Title VI is an important tool for addressing those concerns.
Federal Highway Administration
FHWA advances EJ through its numerous policies, programs, and activities. In 2014, FHWA strengthened its EJ initiatives to ensure compliance with EO 12898, DOT's EJ Order 5610.2(a), and FHWA EJ Order 6640.23A. This section summarizes several key activities and accomplishments from 2014. The FHWA Office of Environment Planning and Realty (HEP), the FHWA HCR, the Technical Services Team, and 52 Division Offices contributed content to this report.
FHWA's Title VI Program, as defined in 23 CFR Part 200, is the method of administration by which FHWA ensures that its recipients do not discriminate in its programs, services and activities in the use of federal funds distributed to them. While the U.S. Department of Justice has oversight and enforcement responsibilities for Title VI, FHWA is also responsible for ensuring that this law is enforced. HCR completed Title VI Program Reviews of 16 states, each of which included a component on EJ requirements for recipients.
FHWA Headquarters and Direction
FHWA Headquarters advanced EJ over the last year through development of policy documents, publications and research, trainings, and other projects.
- HCR developed draft revisions of the Title VI Program regulations (23 CFR Part 200) that will include a component regarding EJ requirements for recipients and a description of FHWA Division Office responsibilities.
- HEP updated existing general background EJ Q&As that are now published on the HEP FHWA website. HEP is developing NEPA-specific and focused Q&As related to EJ to provide nationwide policy direction in the implementation of project-specific assessments and mitigation development for NEPA compliance. These Q&As will also be added to the HEP EJ website when completed.
- HEP provided and continues to provide ongoing nationwide EJ policy direction on major projects such as the Harbor Bridge project in Texas, Ohio River Bridges in Indiana and Kentucky, and I-94 through Milwaukee, Wisconsin.
- HEP participates in the NEPA Committee of the Federal IWG on EJ to develop national guidance for all Federal agencies on EJ implementation and best practices.
Publications and Research
- HCR launched the development of a Title VI Program Handbook for Division Offices and State Transportation Agencies that will include an EJ component addressing FHWA, Division Office and recipient responsibilities.
- HEP developed draft updates to the FHWA Technical Advisory, which will include recent policy guidance on the consideration of EJ in project development with a focus on NEPA compliance and MAP-21 considerations relative to Native Americans.
- The Human Environment Digest was initiated and included weekly articles of interest to EJ practitioners.
- FHWA is developing the EJ Reference Guide, which is intended to be a resource for FHWA staff to help them ensure compliance with EJ requirements. FHWA highlighted freight considerations in the guide to explore the intersections between freight and EJ.
- FHWA EJ Workgroup, which includes multi-modal representation in collaboration with the National Highway Institute (NHI), is in the process of developing an EJ Analysis Course.
- FHWA is completing the EJ Booklet, which highlights recent policy changes and initiatives related to EJ and is available to FHWA staff.
- HCR conducted a national Title VI Program webinar for Division Offices and State Transportation Agencies in September that included a component on EJ requirements for states and monitoring responsibilities of Division Offices.
- HCR provided technical assistance to several Division Offices on Division Office and recipient responsibilities, as well as to several other Division Offices on the basics of EJ analysis.
- HCR delivered a presentation at the February Departmental Office of Civil Rights' national web-based symposium on "Equitable, Sustainable and Accessible Development."
FHWA emphasizes to stakeholders that the full range of community members and needs, including EJ populations and climate change resilience, should be considered in federally mandated processes such as transportation planning, environmental review, and asset management planning. FHWA has produced several resources and studies to help state and regional transportation agencies analyze vulnerabilities and build resilience to climate change impacts. These resources benefit EJ communities along with the full range of community members. A few examples include:
- DOT's Guide to Assessing Criticality in Transportation Adaptation Planning helps transportation agencies identify which transportation assets are most critical for protection from climate impacts, based on usage (daily traffic), safety (evacuation routes, access to hospitals), and socioeconomic factors (access to jobs, access for low income populations). For instance, the DOT Gulf Coast Study criticality assessment (p35) mapped locations of major employers, attraction zones, low income and minority populations, and other factors to determine which transportation assets were most critical.
- Many of the states and regions with which FHWA partnered on climate resilience pilots included consideration of EJ communities along with a full range of other considerations in their climate vulnerability and adaptation analyses. For instance, the Metropolitan Transportation Commission in San Francisco, when considering options for improving resilience of transportation assets to climate change (such as protecting the Bay Bridge from flooding) included equity considerations (such as would raising the bridge require a larger footprint that would displace low income communities).
Climate Change adaptation and mitigation analysis will be introduced as a key area of consideration in the EJ Analysis course currently being developed, and it is referenced in the soon-to-be-released FHWA EJ Reference Guide.
FHWA Field Offices and the Resource Center
FHWA maintains Division Offices in each State, the District of Columbia, and Puerto Rico as well as a Resource Center located in several States. Division Offices provide direct assistance, guidance, and information to sub-recipients. The FHWA Resource Center provides technical support and program assistance to Division Offices. Staff members at Division Offices and the Resource Center play a critical role in implementing EJ because they work directly with stakeholders, grantees, and the general public.
The following section describes Division Office and Resource Center EJ initiatives. For many activities, Divisions collaborated with the State DOT, Metropolitan Planning Organizations (MPOs), or other local agencies. Division Offices were active in five general areas that support EJ: (a) professional development and training; (b) crafting policies or guidance; (c) public engagement; (d) technical assistance; (e) other projects and programs.
Professional Development and Training
Division Offices and the Resource Center play a vital role in delivering training and professional development opportunities to State and MPO practitioners. Professional Developmentwork consists of efforts to improve staff (including grantee staff) knowledge of EJ. This also includes building Division Office staff capacity on EJ. Examples of professional development and training activities in 2014 include:
- The Resource Center Planning and Environment Technical Service Team delivered three sessions of the NHI Fundamentals of EJ course in Minnesota, Alabama, and Alaska.
- Hawaii Division and the Hawaii DOT attended training on Limited English Proficiency (LEP), where they learned about census data statistics specific to Hawaii.
- Louisiana Division played an integral role in the 2014 Civil Rights Virtual Symposium, where experts from across the government spoke on how civil rights and EJ are integrated into the DOT mission.
- Maryland Division and the Maryland State Highway Administration delivered training on principles of EJ as part of NEPA training to Local Public Agencies (LPA).
- Minnesota Division hosted the NHI Fundamentals of Environmental Justice course for State, Federal, and local staff.
- New Hampshire Division attended and included EJ as a component of the LPA Certification training. EJ information was presented in the NEPA and Civil Rights modules of the training.
- New Jersey Division staff reviewed Title VI/Nondiscrimination training materials for the New Jersey DOT, which have an EJ component, and provided recommendations.
- Puerto Rico Division conducted training on Improving Quality Environmental Documents, part of which focused on EJ analysis and documentation in NEPA. The Division explained the multiple options to study and document public involvement and EJ.
- South Carolina Division participated in a training session related to Title VI/EJ at the annual MPO/Council of Governments Workshop in Columbia, South Carolina. The session focused on best practices to address non-discrimination in the transportation planning process.
- Utah Division provided training to the Wasatch Front MPO leadership on EJ.
- Washington Division Civil Rights Program Manager conducted EJ training for the Washington State DOT's North Central Region staff.
- Wisconsin Division staff promoted, marketed, and explained the Title VI page of the EJ IWG's website to Wisconsin DOT Civil Rights staff. Division staff focused on the connection and distinctions between EJ and the enforcement of Title VI, and emphasized opportunities to incorporate Title VI enforcement and compliance activities into EJ strategies.
- New Mexico Division and FHWA Headquarters staff consulted on ways to increase support for EJ communities.
Crafting Policies or Guidance
- Alabama Division and Alabama DOT developed procedures for completing their NEPA checklist for categorical exclusions and environmental assessments, including information on the basic steps needed to evaluate EJ impacts.
- Connecticut Division emphasized the incorporation and refinement of EJ elements in the required tasks for the state's 10 MPOs in development of their Unified Planning Work Programs.
- Idaho Division conducted a survey of EJ practices in various states and discussed EJ practices with FHWA Headquarters staff. A programmatic finding on EJ for minor projects was then drafted and shared with FHWA Headquarters for review and comment. The Division expects to initiate a pilot program for use of this programmatic finding in December 2014.
- Illinois Division collaborated with several agencies to develop a CREATE program EJ Mitigation Methodology to apply on all CREATE projects, as applicable. CREATE is a partnership between the Federal DOT and several other entities that will invest billions in transportation and infrastructure improvements to increase the efficiency of the Chicago region's passenger and freight rail infrastructure and enhance quality of life for Chicago-area residents. Due to the demographics of the locations of many of the CREATE projects, EJ impacts are likely, and development of this approach will save project development time.
- Kentucky Division worked with Kentucky Transportation Cabinet to update and streamline their approach to identify and address EJ populations that may be adversely impacted by roadway projects. The updated policy includes detailed methods to identify EJ populations, survey affected residents and businesses, analyze disproportionate and adverse effects, and identify potential mitigations.
- Maine Division is currently assisting Maine DOT in revising its public involvement plan to ensure EJ has been incorporated and addressed into the transportation decision-making process.
- Missouri Division conducted discretionary reviews of the Joplin MPO planning processes during which EJ policies and procedures were assessed and subject to public discussion.
- New York Division Civil Rights Specialist helped facilitate the creation of New York State DOT's Title VI/EJ data use procedure that will cover all aspects of planning and project delivery.
- North Carolina Division had representatives on the EJ/LEP Team that presented guidance and procedural flowcharts to several North Carolina DOT leaders.
- Virginia Division collaborated with the Virginia DOT to provide guidance for conducting EJ analysis in NEPA documents.
- Wyoming Division supported the Wisconsin DOT in adopting an agency-wide EJ policy.
- Alabama Division participated in the IWG for EJ in North Birmingham and helped foster community access to the MPO process. MPO and Alabama DOT staff led discussions of planning and projects in the North Birmingham area and about how the public can participate in the process.
- Alaska Division staff attends monthly conference calls with the Northwest Partnership for Sustainable Communities. EJ and Title VI issues are discussed as they relate to sustainable communities.
- Colorado Division completed two Planning Certification Reviews where EJ was identified as a topic that should be addressed in their public involvement plans.
- Delaware Division ensured that the Delaware DOT included EJ and Title VI statements in the public notice for the US 113 Millsboro project public hearing; the Division also reviewed and approved EJ discussions in the draft Environmental Impact Statement (EIS) for this project.
- Illinois Division conducted extensive public outreach during NEPA to get input from the impacted community to establish mitigation activities that offset disproportionate noise, vibration and aesthetic impacts to low-income or minority populations.
- Mississippi Division and the Mississippi DOT participated in door-to-door meetings with residents in low income and minority neighborhoods that could be disproportionately high and adversely affected by a project with potential noise concerns to gauge their desire to have noise barriers constructed.
- Montana Division and the Montana DOT assisted the Great Falls MPO with a long-range transportation plan update, and a critical element of the public involvement process provided public engagement opportunities for traditionally underserved and underrepresented populations.
- Nevada Division is assisting the Regional Transportation Commission of Southern Nevada to ensure EJ is included in the update to their public participation plan.
- North Dakota Division is supporting the North Dakota DOT, which is collecting minority and low-income population data in addition to the other nondiscrimination population data on the North Dakota DOT Public Participation Survey.
- West Virginia Division assisted the West Virginia DOT with revisions to their public involvement policy, including alternate strategies for improving the distribution of project development information to EJ communities.
- Arizona Division worked closely with the FHWA Western Legal group to review and help guide the preparation of the EJ and Title VI sections of the South Mountain Freeway EIS to make sure that all of the impacted populations were considered and any potential impacts were evaluated.
- California Division reviewed EJ considerations and analyses for two local transportation agencies' plans, and reviewed EJ processes used by Caltrans as part of its Title VI and EJ Implementation Plan updates.
- District of Columbia Division Office reviewed the MPO's Title VI/EJ analysis for the updated Financially Constrained Long-Range Transportation Plan.
- Florida Division assisted the Florida DOT with the development, review and distribution of a three-part training video describing how to collect, analyze and use data for EJ purposes during project development.
- Georgia Division provided technical assistance to the Georgia DOT, which is developing effective outreach to minority and/or low income populations for projects under development this year.
- Indiana Division staff participated in a review of four MPOs and the Indiana DOT. EJ was covered during this review, and the Division anticipates that the final report will have recommendations relating to data collection, including data on race and income.
- Massachusetts Division has been supporting the Massachusetts DOT's development of a web-based mapping tool that the State and MPOs will be able to use to identify EJ populations.
- Ohio Division worked with Ohio DOT to review their EJ Guidance. The Ohio DOT's EJ process was revised to provide more defined guidance to Ohio DOT District environment staff and consultants.
- Oklahoma Division staff provided assistance and reviewed EJ considerations and analyses as the Oklahoma DOT develops its 2015-2040 Long-Range Transportation Plan.
- South Dakota Division reviewed and provided technical assistance ensuring EJ was considered in environmental and planning documents.
- Tennessee Division assisted the Tennessee DOT in an on-site review of a project with potential community EJ impacts that are still in the NEPA phase.
- Texas Division staff worked with four MPOs to create and/or update a regional toll analysis for their respective areas. This analysis is a tool developed for MPOs to identify and evaluate the potential effects of tolling a network of roadways within or around an EJ community.
- Vermont Division provided technical assistance to the Chittenden County Regional Planning Commission to develop EJ performance measures. The performance measures will be used in evaluating alternatives and identifying EJ issues related to a project.
Other Projects and Programs
- Florida Division engineering and civil rights specialists developed an EJ-specific checklist for engineers to use when reviewing Categorical Exclusion IIs; the checklist will assist the Division in identifying potential EJ issues that might require further analysis and/or a higher class of action.
- Iowa Division is carefully evaluating the impacts of Council Bluffs and Sioux City interstate projects along with the South East Connector in Des Moines due to the pockets of minority populations in the project vicinities.
- Kansas Division provided recommendations to the Kansas MPO in terms of updating the EJ analysis sections of its Metropolitan Transportation Plan and Transportation Improvement Program, particularly in regards to identifying protected populations and the techniques used to assess the distribution of benefits and burdens.
- Michigan Division developed a summary of statewide EJ processes and recommended best practices for MPOs.
- Nebraska Division and the Nebraska Department of Roads agreed to a process for identification and analysis of EJ populations early in the NEPA process. This process allows for the Division to help the Nebraska Department of Roads in selecting various outreach tools to engage EJ populations.
- Oregon Division worked with the Oregon DOT to develop an EJ mapping geographic information system (GIS) application for statewide use by planners and sub recipients. This GIS mapping tool was developed to provide a census-based demographic profile of each study area to supplement the local knowledge and experience that has been typically employed in the development of public involvement programs.
- Pennsylvania Division distributed EJ-related information and news articles to the State DOT and provided guidance to MPOs to assist in providing EJ information in a consistent manner that can be used by both planners and NEPA practitioners.
- Rhode Island Division supported a task to present GIS information for EJ and LEP program and project-level planning and analysis.
Federal Transit Administration
FTA undertook a number of activities in 2014 to further the goals of EJ. Staff worked to develop a two-day NTI EJ training course to provide project sponsors and FTA grantees an overview of EJ non-discrimination principles and explain the process for planning, implementing, and applying EJ considerations at the planning and project development stages. FTA held a pilot offering of the course at DOT headquarters in May 2014. More than 40 participants from five DOT operating administrations attended the pilot, providing feedback that was instrumental to FTA finalizing the training and its rollout. NTI conducted two deliveries of the training course during the year, in Chicago (July) and Los Angeles (September). FTA staff attended both trainings to address technical questions. NTI has tentatively scheduled three additional EJ trainings for 2015 in Atlanta, Philadelphia, and Seattle.
In September, FTA consulted with the Department of Justice EJ/Legal Group, on FTA's EJ training.
In December, FTA held an internal staff training/webinar on how grantees should consider EJ in the long-range metropolitan and statewide planning process and accompanying products, such as Metropolitan Transportation Plans, Transportation Improvement Programs, Unified Planning Work Programs, and public involvement plans. The webinar focused on public involvement and benefits and burdens analysis as the foundation for carrying out EJ in transportation planning. It also provided FTA Regions with an introduction to main EJ concepts and walked FTA staff through the FTA EJ Circular's four-step process for considering EJ. The webinar was recorded for future reference.
FTA continues to be an active participant on the NEPA Committee of the Federal IWG on EJ and its associated subcommittees to develop EJ guidelines for NEPA and develop a national training product on EJ and NEPA. Deliverables of the NEPA Committee include:
- Community of Practice: Monthly interagency meetings have established a vehicle for cross-agency training and dialogue for addressing complex issues through sharing of experiences and effective practices in addressing EJ in the NEPA process.
- EJ and NEPA Agency Resource Compendium: The compendium, available on the Federal IWG EJ webpage, gathers publically available information from 20 Federal Agencies (e.g., regulations, orders, guidance, EJ strategic plans) on the intersection of EJ and NEPA into one place and provides hyperlinks to them for easy access (a select set of key references are also available on the EPA NEPA webpage).
- Promising Practices on EJ Methodologies in NEPA Reviews: The NEPA committee is drafting a compilation of promising practices that represents the results of research, analysis, and discussions by participants of the NEPA Committee concerning the interface of EJ considerations through NEPA processes. It represents the professional expertise of the NEPA Committee participants, including their collective thinking and thoughtful deliberation of information sources; it is not formal agency guidance. The draft final document will be presented to the Chair of the Federal IWG on EJ. FTA-specific methodology for identifying EJ populations is highlighted as a unique approach.
- National Training Product on EJ and NEPA: The NEPA Committee is drafting a National Training Product on EJ and NEPA. This training product is a companion to EJ Methodologies that provides history of NEPA and EJ, promising practices, and examples from Federal agency NEPA reviews.
- Lexicon: The NEPA Committee is drafting a lexicon and compendium of key terms as used by Federal agencies to consider EJ in NEPA reviews.
Finally, based on comments we received from the NTI EJ training course, FTA is adding new frequently asked questions (FAQs) to the existing EJ FAQs on our website to serve as an additional resource for our Regions, project sponsors, and the public.
Federal Aviation Administration
The FAA ensures compliance with EO 12898 and incorporates EJ core principles into its actions primarily through implementation of the NEPA process. FAA Order 1050.1E (Environmental Impacts: Policies and Procedures) contains the FAA agency-wide policies and procedures for compliance with NEPA. Currently, FAA Order 1050.1E provides guidance to FAA NEPA practitioners on compliance with special purpose laws, regulations, executive orders, and other requirements, including EJ. Further information can be found in Order 1050.1E, Appendix A, Section 16, page A-69. In addition to this FAA agency-wide Order, the FAA Office of Airports has issued guidance for compliance with EJ requirements for its actions. That guidance is found in Chapter 10 of the Environmental Desk Reference for Airport Actions. FAA is in the process of revising Order 1050.1E and developing a Desk Reference. One of the Desk Reference Chapters will include EJ and will provide guidance to NEPA practitioners on how to implement the DOT EJ Strategy. The Final Desk reference is expected to be available in early 2015.
In 2013, the FAA Office of Civil Rights issued Order 1400.11, "Nondiscrimination in Federally Assisted Programs at the Federal Aviation Administration." This Order provides internal guidance for implementation and enforcement of Title VI and Environmental Justice in Minority Populations. Additionally, Order 1400.11 identifies the procedures for coordinating the review of airport projects for compliance with Title VI and EO 12898. FAA's Office of Civil Rights formed a working partnership with the Office of Airports and developed a Memorandum of Understanding (MOU). The MOU, originally agreed upon in 2012, provides for the Office of Civil Rights, under a three-year pilot program, to review the EJ section of EISs for major airport projects; e.g., new airports, new runways, and major runway extensions, to determine if minority communities are adversely affected. Because of the success of this pilot, the MOU was extended three more years, effective January 1, 2015 through December 31, 2017. The Office of Civil Rights and the Office of Airports also developed a Title VI Pre-Award Checklist to assist airport sponsors in meeting minority population reporting requirements.
Pipelines and Hazardous Materials Safety Administration
The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued External Civil Rights Program Guidelines for Grant Recipients in July 2014. The Guidelines document provides information on what EJ is, PHMSA's and DOT's policy and the guiding principles for all grantees.
Because PHMSA is not routinely involved with infrastructure construction or siting of such projects, PHMSA is not involved in EJ matters to the same extent as other DOT operating administrations. However, this year PHMSA participated in the government-wide effort to transfer precursor chemicals from Syria to the United States for destruction and disposal. The shipment was to move through Port Arthur, Texas, which has a large minority population surrounding the port where the chemicals were to enter the United States. There was initial concern by community leaders about the risks of these chemicals moving through their community. The contractor selected to transport the materials from the port to the disposal facility required a special permit from PHMSA for various reasons. PHMSA prepared an environmental assessment that covered the issuance of the permit and transport from the Port to the destruction facility. In working with the contractor/applicant and Federal and local authorities, PHMSA advocated that the transport route not pass through the EJ area. While this alternate route proved to be logistically difficult (i.e., some road upgrades were needed), the contractor and Federal and local partners ultimately agreed that avoiding the EJ area and all residential areas was the most prudent approach. PHMSA also worked to ensure that local community leaders, who were not formally involved in the process, received a copy of PHMSA's environmental assessment and were given an opportunity to comment.
Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) ensures compliance with EO 12898 by incorporating EJ core principles via implementation of the NEPA process. In addition, FMCSA addresses EJ in its rulemaking process as per EO 12898 in the event a categorical exclusion is determined for the NEPA process.
Federal Railroad Administration
The Federal Railroad Administration (FRA) ensures compliance with EO 12898 through implementation of the NEPA process. FRA provides information, technical assistance and resources on a project-by-project basis by working with project sponsors to incorporate EJ core principles in the development of the nation's railroad system when conducting environmental and community impact assessments of pending actions and projects.
The Maritime Administration (MARAD) ensures compliance with EO 12898 through implementation of the NEPA process. MARAD is currently updating and revising its NEPA procedures (MAO 600-1) and developing a Desk Reference. There will be a chapter addressing EJ, which will provide guidance to NEPA practitioners. The Desk reference is planned for completion by summer of 2015.