Does EJ apply in communities where the population is less than 200,000?
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.
Public Transit
Legacy ID
301
What is meant by “low-income individual”?
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...
Is an EJ population always a residential population?
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.
Does the Circular eliminate the use of "thresholds" for determining the presence of an EJ population?
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 (...
Can there be a disproportionate high and adverse effect on a minority or low income population even if the minority and low income population does not exceed the average for the service area?
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...
Does the Environmental Justice (EJ) Circular present new requirements for EJ compliance review?
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...
What is the different between Title VI and EJ?
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...
Can an individual file a legal complaint under environmental justice?
No. Environmental justice stems from an executive order from the President of the United States to Federal agencies and is intended to improve the internal management of the Federal government; therefore, it does not create legal rights enforceable by a party against the United States.
How should grantees demonstrate that they have satisfactorily considered the needs and concerns of EJ populations?
FTA suggests a variety of options for integrating EJ considerations into existing programs, planning and project development processes, including:
Ensuring that the level and quality of public transportation service is provided in a non-discriminatory manner: for example, when considering...What do we mean by “meaningful public engagement”?
FTA and FHWA’s shared planning regulation, found at 23 CFR 450 outlines federal expectations for statewide and metropolitan planning agencies in effectively engaging the public, including low-income and minority communities. Planning agencies are required to evaluate the effectiveness of these...