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Census data provides mean information on household characteristics such as income and race at a variety of geographic levels: census tract, block group, and block level. The decennial census is published every ten years. The American Community Survey is published annually, based on a smaller set...
Whether an adverse effect is “disproportionately high” on minority and low-income populations depends on whether that effect is (1) predominantly borne by an EJ population, or (2) will be suffered by the EJ population and is appreciably more severe or greater in magnitude than the adverse effect...
Determinations of benefits and burdens are based on the totality of the circumstances, both the burdens of the proposed action (e.g., short-term construction impacts) and its benefits (e.g., increased transportation options). One of the best ways to assess the totality of the circumstances is...
Yes. EJ requirements apply regardless of the size of the community. There are no situations where EJ considerations do not apply based on population size.
FTA encourages the use of a locally developed threshold, such as that used for FTA’s grant program, or a percentage of median income for the area, provided that the threshold is at least as inclusive as the U.S. Department of Health and Human Services (HHS) poverty guidelines. Public Law 112-141...
The EJ community definitions apply to the residential population, as well as to workers (including seasonal workers), students, patients, and other individuals who are part of the community that would be affected by a given plan, program, policy, or project.
The Circular does not eliminate the use of “thresholds” for determining the presence of an EJ population. The Circular cautions grantees not to be too reliant on thresholds to serve as a “bright line” for identifying impacted populations. A very small minority or low-income population (...
Yes. This is precisely the distinction that FTA makes in the Circular. While the minority or low-income population in an area may be small, this does not eliminate the possibility of a disproportionately high and adverse effect of a proposed action on the EJ population. Disproportionately high...
No. FTA’s EJ Circular 4703.1, published in August 2012, does not introduce new requirements. FTA developed the Circular to clarify existing requirements, reiterate the importance of environmental justice considerations in transportation planning and project development, and to focus attention on...
Title VI is a statutory and regulatory requirement and all FTA grantees must comply with the provisions of Title VI. The Title VI Circular can be found here. Title VI requirements are broader in scope than environmental justice and grantees should be careful not to mix the two. While they...