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Executive Order (EO) 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," was signed in February 1994. It requires Federal agencies to focus attention on the environmental and human health conditions in minority communities and low-income communities with the goal of achieving environmental justice.

In accordance with Title VI of the Civil Rights Act of 1964, each Federal agency shall ensure that all programs or activities receiving Federal financial assistance that affect human health or the environment, do not directly, or through contractual or other arrangements, use criteria, methods or practices that discriminate on the basis of race, color, or national origin.

To the greatest extent possible, the agency must work within its existing environmental and programmatic frameworks to ensure environmental justice and participation of minority and low-income populations in decisions that affect their health or the equality of their environment.

Environmental justice issues arise where an action may involve a disproportionately high and adverse environmental or human health effect on an identifiable low income or minority population. The determination of whether a particular program or activity raises an environmental justice issue depends on an evaluation of the totality of the circumstances.

In determining if an effect on a minority and/or a low-income population is disproportionately high and adverse, you should consider whether the adverse effect is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non-minority population and/or non-low-income population. The EPA website and Enviromapper should be used in gathering information to support any effect to these populations. The website can be accessed at: http://www.epa.gov/enviro/html/em/

If adverse effects are determined, then appropriate mitigation measures should be developed in consultation with affected communities and groups, and should provide for ongoing participation and coordination as the measures are implemented. Mitigation measures should include steps to avoid, mitigate, minimize, rectify, reduce, or eliminate the impact associated with a proposed action.

Compliance with environmental justice requirements must be documented with all environmental documents with the exception of Single Family Housing.

Implementation Procedure:

• The preparer of the environmental document completes the information on Form RD 2006-38 and includes cross reference in the environmental review documentation prepared pursuant to 7 CFR 1940-G and 7 CFR 1794. The form should contain specific statement that the project will or will not have any disproportionate effect on the low-income and minority communities.

• Supporting documentation such as census data for the census tract covering the Area of potential impact and a map of the service area to be impacted must be attached to Form RD 2006-38. On a USGS base map or other readable scale map identify the proposed project location, the area of potential impact (direct impact area), and any nearby adverse environmental hazards (waste dumps, treatment facilities, Brownfield, industrial facilities producing hazardous materials etc.). Also show any area with concentration of low income or minority population.

• Upon completion of the environmental review documents, the certifying official signs the Form. The State Director or an official designated to certify on his or her behalf, is the certifying official at the State Office level. The loan approving or servicing official can certify those actions completed at the field offices that do not require State Office approval. Since it is an Agency certification, it should not be signed by the consultants.

Potential Information Sources

Individuals or community leaders may be contacted during the environmental assessment process for assistance in determining whether a proposed action will have any adverse effects on a low-income or minority community.

U.S. Bureau of the Census: http://www.census.gov/ or State Census Data Centers at http://www.census.gov/sdc/www/

National Environmental Justice Advisory Council: http://www.epa.gov/compliance/environmentaljustice/nejac/index.html

Office of Environmental Justice Compliance and Enforcement:

http://www.epa.gov/compliance/ or http://www.epa.gov/swerosps/ej/

Local: Planning and Zoning

http://www.epa.gov/region03/environmental_justice/index.htm