DRAFT Environmental Justice Primer for Ports
                   The Good Neighbor Guide to Building Partnerships and
                                   Social Equity with Communities
United States
Environmental Protection
Agency
                                     Office of Transportation and Air Quality
                                                  EPA-420-P-16-002
                                                        July 2016
                             For more information: www.epa.gov/ports-initiative

-------
Table  of Contents
Introduction                                            1

Section A

Defining Environmental Justice                            4

Impacts of Port Operations and Goods Movement             6

Considering Near-Port Communities in Port Decisions         8

Effective Community Engagement Methods                 12

Collaborative Problem Solving                            14

Planning and Decision-Making Tools                       16

How are Ports Engaging Communities?                     18

Section B

Overview                                             20

Steps in the Good Neighbor Roadmap Process               21

Step 1. Assess your Community Engagement Approach       22

Step 2: Build Relationships                               24

Step 3: Identify Community Concerns and Goals             26

Step 4: Identify Levers for Change                         28

Step 5. Develop a Good Neighbor Strategic Plan             30

Step 6. Act, Measure and Sustain Progress                  32

Appendix

Environmental Justice Timeline                           36

Additional Resources                                   38

References                                            45
How to Use this Document

This document offers guidance
for ports seeking to build
partnerships and social equity
with near-ports communities.
The Introduction section
provides background for the
use of this document and its
companion documents, the
Ports Primer for Communities
and the Community Action
Roadmap.

Section A provides a primer
on environmental justice
and effective community
engagement.

Section B provides a roadmap
for six key steps to build
partnerships and social equity.
The Overview provides an
outline of the roadmap and a
diagram of the steps. Each step
is described in more detail on
the remaining  pages, along
with sample exercises.

The Appendix offers a
timeline of the environmental
justice movement as well as
additional resources to assist
with implementation.
Acknowledgements

The Ports Primer and Community Action Roadmap have been developed by the Environmental Protection Agency's
Office of Transportation and Air Quality (OTAQ) in partnership with Regional Offices and the Office of Environmental
Justice to support ports and near-ports communities in improving local quality of life.
 Environmental Justice Primer for Ports

-------
                                                                                 Introduction
Welcome!

The Environmental Protection Agency's (EPA's) Office of
Transportation and Air Quality (OTAQ) developed this
guidance, The Environmental Justice Primer for Ports: The
Good Neighbor Guide to Building Partnerships and Social
Equity with Communities (The Environmental Justice
Primer for Ports). The Environmental Justice Primer for
Ports is intended to help port decision-makers better
understand the needs of near-port communities and how
they can help address these needs and build productive
community relationships during planning activities and
operations.

The Environmental Justice Primer for Ports features
case studies that reflect a range of port experiences
including ports with extensive community engagement
experience and those just starting to interact with nearby
communities. Section A provides ports decision-makers
with an overview of environmental justice principles and
how they apply within the context of port operations
and decision-making. Section B provides a step-by-step
guide to enhance community engagement, build and
strengthen relationships, and  improve quality of life
outcomes for near-port communities.

This guide for decision-makers at ports, related facilities,
and regulatory authorities complements the Ports Primer
for Communities (Figure 1) and the Community Action
Roadmap (Figure 2), which provide guidance for near-
port communities seeking to participate in port planning
and decision-making.


Background

The business case for proactive engagement with
near-port communities is compelling. Global climate
change, natural resource depletion and international
competitiveness are shifting business models to a triple-
bottom-line approach that includes social, economic and
environmental performance measures. Consideration
of social and environmental impacts has become a
defining characteristic of forward-thinking businesses
and governments.These leaders benefit from increased
community and stakeholder trust as well as resource
efficiency and innovation.1 These approaches also
help businesses and governments meet regulatory
requirements and avoid  risks and losses from lack of
community support, negative press and litigation.
                      A Ports Primer for Communities
                        An Overview of Ports Planning and Operations
                             to Support Community Participation
         Figure 1: Ports Primer for Communities

         Figure 2: Community Action Roadmap

Ports play an important role in sustaining local, regional
and national economies. Port operations and associated
freight transport activities also inevitably impact
near-port communities. They can cause cumulative
environmental challenges such as air, water and land
pollution, as well as land use conflicts that impact local
quality of life. As port decision-makers consider how to
address community impacts, they are balancing a range
of new industry challenges including climate adaptation,
post-Panamax shipping infrastructure needs, and
workforce development.

The EnvironmentalJustice Primer for Ports provides tools
and resources for ports agencies to proactively engage
community stakeholders in addressing these pressing
challenges to ensure shared prosperity and regional
resilience.
                                                                                                        1
                                                                   EnvironmentalJustice Primer for Ports

-------
This page left intentionally blank.

-------
Section A: The Environmental Justice
                   Primer for Ports

-------
Defining Environmental Justice
Current and historical disparities

Communities of color and low income and tribal
communities have historically been home to many toxic
and polluting facilities and land uses.These communities
bear a disproportionate impact from environmental
hazards.1 EPA acknowledges/These communities face
an array of challenges, including proximity to polluting
facilities, barriers to participating in decision-making
processes, disproportionate levels of chronic disease,
neighborhood disinvestment, and poor or no access to
jobs and services."2

In response to these disproportionate impacts, many
local civil rights, faith-based and labor organizations
across the country began to organize the environmental
justice movement (as shown in the timeline on page 36)
to demand racial equity and drive the environmental
justice public policy debate over the past three decades.
The environmental justice movement seeks to ensure
fair treatment and equal protection under the law for all
communities to avoid disproportionate environmental
impacts from proposed plans, projects and operations.

Environmental justice

EPA defines environmental justice as "the fair treatment
and meaningful involvement  of all people regardless of
race, color, national origin, or  income, with respect to
the development, implementation, and enforcement of
environmental laws, regulations, and policies."3

Additional definitions with a vision that goes beyond
regulatory requirements include:

   Environmental Justice...refers to those cultural norms
   and values, rules, regulations, behaviors, policies, and
   decisions [that] support sustainable communities
   where people can interact with confidence that
   the environment is safe, nurturing, and productive.
   Environmental justice is served when people can
   realize their highest potential...where both cultural
   and biological diversity are respected and highly
   revered and where distributive justice prevails.4
                                    Bunyan Bryant

   EnvironmentalJustice is the right to a decent, safe
   quality of life for people of all races, incomes and
   cultures in the environments where we live, work, play,
   learn and pray. EnvironmentalJustice emphasizes
   Selected Principles of Environmental Justice
   from the First National People of Color
   Environmental Leadership Summit, 1996

   Environmental justice:
   •  Demands public policy be based on mutual respect
      and justice for all peoples.

   •  Mandates the right to ethical, balanced and
      responsible uses of land and renewable resources.

   •  Affirms the fundamental right to political, economic,
      cultural and environmental self-determination.

   •  Demands accountability and cessation of the
      production of all toxins.

   •  Demands the right to participate as equal partners
      at every level of decision-making.

   •  Affirms the right of all workers to a safe and healthy
      work environment

   •  Recognizes a special legal and natural relationship
      of Native Peoples to the U.S. government.

   •  Affirms the need for policies to clean up and rebuild
      our cities and rural areas.

   •  Calls for education which emphasizes social and
      environmental issues.
   accountability, democratic practices, equitable
   treatment and self-determination...5
                Asian Pacific Environmental Network

Both public and private sector organizations are
adopting environmental justice policies to ensure their
plans, projects and opertions do not disproportionately
impact vulnerable communities, and instead provide
benefits to improve local quality of life. For example,
the Environmental Justice Interagency Working Group
(EJ IWG) brings together all federal offices to promote
environmental justice in federal programs. Within the
private sector, many progressive organizations from
diverse sectors - ranging from food production, consumer
goods, transportation and  energy - are adopting
environmentally and socially responsible policies and
operational models as part of their Corporate Social
Responsibilty and Sustainability Plans.
  Section A Environmental Justice Primer for Ports

-------
Social equity in public policy and planning

While near-port communities may often experience
direct or indirect impacts from port activities, many
disproportionate impacts on near-port communities are
also the result of long-term, policy and siting decisions
across various levels of decision-making. Cumulative
impacts for these communities include adverse health
outcomes and reduced quality of life. In contrast,
policies and decision-making tools that are non-
discriminatory and promote equitable distribution of
benefits and mitigation of burdens across society result in
environmental justice.

In the last few decades, the fields of urban planning
and public policy have evolved rapidly to begin
addressing these social inequities and environmental
impacts. In 2016, the American Institute of Certified
Planners updated the professional planning Code of
Ethics to underscore the commitment"to serve the
public interest with compassion for the welfare of all
people." In addition, the planning field has developed
new approaches focused on social equity, equitable
development, smart growth and sustainable development,
all of which can promote the principles of authentic
community engagement and equitable access to jobs,
transportation, housing and a built environment that
promotes community health and wellbeing. Government,
private and non-profit sectors are adopting these
approaches in projects and planning efforts to protect
and improve environmental quality and local quality of
life.
EPA offers the following working definitions for these
equitable planning approaches:

Equitable Development

   Equitable development is an approach for meet ing
   the needs of underserved communities through
   policies and programs that reduce disparities while
   fostering places that are healthy and vibrant. It is
   increasingly considered an effective placed-based
   action for creating strong and livable communities.8

Smart Growth

   Smart growth covers a range of development
   and conservation strategies that help protect
   our health and natural environment and make
   our communities more attractive, economically
   stronger, and more socially diverse.... Smart growth
   approaches to development can help address long-
   standing environmental, health, and economic
   disparities in low-income, minority, and tribal
   communities.9

Sustainability and Sustainable Development

   The ability to maintain or improve standards of
   living without damaging or depleting natural
   resources for present and future generations.™

   Sustainable communities 'grow in ways that expand
   economic opportunity, protect public health and the
   environment, and create and enhance the places
   that people love.1"
Social equity

   Equity derives from a concept of social justice. It
   represents a belief that there are some things which
   people should have, that there are basic needs that
   should be fulfilled, that burdens and rewards should
   not be spread too divergently across the community,
   and that policy should be directed with impartiality,
   fairness and justice towards these ends.6

Equity can be considered within the following four
categories:7
 •   Procedural Equity—inclusive, accessible, authentic
    engagement and representation in decision-making
    processes regarding programs and policies.
 Distributional Equity—programs and policies result
 in fair distributions of benefits and burdens across
 all segments of a community, prioritizing those with
 highest need.
 Structural Equity—decisions are made with a
 recognition of historical, cultural, and institutional
 dynamics and structures that have routinely
 advantaged privileged groups in society.
 Transgenerational Equity—decisions consider
 generational impacts and do not result in unfair
 burdens on future generations.
                                                            Section A Environmental Justice Primer for Ports

-------
Impacts of Port Operations and Goods Movement
With each plan, project or program, port agencies have
an opportunity to promote environmental justice and
equitable development by seeking ways to reduce
impacts and increase benefits to near-ports communities.
This section describes common health and quality of life
impacts to near-port communities that ports agencies
could begin to remedy through more equitable decision-
making overtime.

Port-related  pollutants and health hazards

Near-port communities and tribes can face challenges
due to sustained exposure to pollutants and toxins,
and health impacts from this exposure can span across
multiple generations. Tribes face a range of health and
welfare risks from environmental problems, including
surface and groundwater contamination, illegal dumping,
hazardous  waste disposal, air pollution, mining wastes,
habitat destruction and climate change.2

Air pollution1
The emissions from goods movement through trucks,
marine vessels,  trains, cargo handling equipment as
well as from stationary sources such as refinaries, oil and
gas storage facilities, power generation and storage of
open coal piles  found near port facilities can introduce
many air pollutants that severely impact the health of
near-port communities. Some of the health impacts
include: (1) aggravation of respiratory and cardiovascular
disease; (2) decreased lung  function; (3) increased
frequency and severity of respiratory symptoms such as
difficulty breathing and chronic coughing; (4) increased
susceptibility to respiratory infections; (5) effects on the
nervous system, including the brain, such as IQ loss and
impacts on learning, memory and behavior; (6) cancer;
and (7) premature death.

Water pollution
Port operations can  have a significant impact on
neighborhood water quality. Runoff from impervious
surfaces can carry pollutants that may prevent people
from enjoying local creeks, lakes or bays, and from eating
fish and shellfish from these waters. In some cases,
community members may rely on fishing as a subsistence
source of food.

Light and noise pollution
Health impacts  of light and noise pollution from port
   Common Ports-Related Community Interests

   Land Use and Transportation Planning
    •  Air quality
    •  Public safety
    •  Competing land uses
    •  Impacts from nuisances
    •  Environmental justice
    •  Resilient adaptation

   Local and Regional Economies
    •  Post-Panamax shipping
    •  Jobs and job training programs
    •  Labor and working conditions
    •  Impacts on goods movement

   Environmental Impacts
    •  Air emissions
    •  Water pollution
    •  Public health impacts
    •  Ecological impacts
    •  Access to natural areas, including waterfronts and
      open space
operations can include hearing impairment, high blood
pressure and sleep deprivation.

Cumulative impacts on quality of life

Environmental justice communities often experience
stressors beyond health disparities, such as
neighborhood disinvestment, income inequality, public
safety concerns around truck routes and rail crossings,
and coastal-related threats from extreme weather events
and climate change. In addition, the industrial super
blocks, rail lines and highways surrounding ports can
create barriers between residents and basic necessities
such as grocery stores, health services, pharmacies,
retail centers, transit and recreational spaces. Due to the
industrial features of port areas, nearby neighborhoods
often lack adequate sidewalks, street trees, safe
intersection crossings and other basic infrastructure.
 Section A Environmental Justice Primer for Ports

-------
Inequitable distribution of benefits and
burdens

The disproportionate impacts experienced by these
communities are often compounded when they do not
receive the same level of benefits from port activities -
such as jobs and economic growth - that are enjoyed
regionally. Figure 3 shows how stressors from air pollution
and socio-economic factors create cumulative impacts on
near-port communities. The disparities in environmental
burdens and economic benefits disproportionately
affect low-income communities and communities of
color (Figure 4) and can also be exacerbated by long-
term disinvestment and challenging socioeconomic
conditions. These communities often lack access to the
time, resources, technical knowledge and political capital
needed to address issues of concern.
                     Area Sources of Air
                     Pollution
                     Port operations
                     Freight truck traffic
                     Train traffic
                     Vehicle traffic/
                     freeways
                     Area industries
                     Construction
                     Off shore vessels
                                Mediating Factors
                                Distance
                                Engine
                                characteristics
                                Pollution control
                                Speed
                                Meteorology
                                Housing quality
             Health Effects
             Premature mortality
             Asthma
             Bronchitis
             Loss of work
             productivity
             Cancer
     Mediating Factors
     Income
     Community stressors
     Health care access
                    Figure 3: Air pollution. Source: HIA for Port of Oakland (UCAL Berkeley)
   Population Within 2 Miles of
      the Port of Savannah
Caucasian
   33%
   Population Within 2 Miles of
       the Port of Houston
  Caucasian
    24%
   Census Tracts Within 2 Miles of the
            Port of Savannah
                                  Above
                                  median
                                household
                                  income
                                   9%

Below median
 household
   income
    91%


      Census Tracts Within 2 Miles of
            the Port of Houston
                                 Above
                                 Median
                               Household
                                 Income
                                  25%
                   •
     Below
    Median
   Household
    Income
     75%
Figure 4: Near-port communities are
most often low income communities
of color and suffer disproportionate
impacts from port operations. (EPA)
                                                              Section A Environmental Justice Primer for Ports

-------
Considering Near-Port Communities in Port  Decisions
Benefits of Effective Community Engagement
According to The Community Engagement Guide for
Sustainable Communities, community engagement
is a process through which community members are
empowered to own the change they want to see and
involves communication, problem-solving, governance,
and decision-making skills and strategies.The report
summarizes the benefits of effective engagement as:
 •  Legitimacy and increased support for plans and
   projects.
 •  Improved community/government relations.
 •  Deeper understanding of the issues.
 •  Increase in community capacity to achieve equitable
   outcomes and leverage additional resources, outside
   of public processes.
 •  Democracy in action.
Community engagement is, in many ways, a microcosm
of our American democratic system of government. It
is one of the best ways that community residents can
connect to and shape local and regional decision-making
processes.
Ports and near-port communities share infrastructure,
regulatory jurisdictions, local governments and climate-
related  risks. While these communities face quality of
life impacts, the ports face business risks and potential
losses from non-compliance. Extreme weather events
and climate change threaten both ports and  near-
port communities, requiring resilient adaptation. Ports
decision-makers can help communities and ports
navigate these challenges and shared interests by
providing opportunities for joint-problem solving. The
goal is straightforward - a more compatible, sustainable
and resilient future for all parties.
Existing Condition Assessments
Health Impacts
 •  Community exposure and risk assessment
 •  Individual exposure assessment
 •  Transportation and health
 •  Health professional shortage areas
 •  Medically underserved areas
 •  Subsistence exposure scenarios for tribal applications
Exposure to Hazards
 •  Coastal flood exposure
 •  Multi-hazard mapping
 •  Storm surge
 •  Heat waves
 •  Drought
 •  Sea level rise
 •  Emergency response procedures
 •  Traffic safety
Socioeconomic Data
 •  Race
 •  Ethnicity
 •  Income levels
 •  Age groups
 •  Family composition
 •  Employment profile
 •  Food accessibility
Community assessment tools are provided in the
Additional Resources section.
 Section A Environmental Justice Primer for Ports

-------
The drivers for port decision-makers to engage near-port
communities can be divided into three broad categories:
 •   Regulatory requirements
 •   Risk management
 •   Increased resilience and innovation


Regulatory requirements

Most federal regulations require public participation as
part of a new action or permit. Visit PortCompliance.org
to review all  potentially applicable federal regulations.
Permits especially relevant to near-ports communities
include the Clean Air Act Title V permitting process and
the Clean Water Act Stormwater permitting process. In
addition to public participation, NEPA and Executive
Order 12898 specifically require consideration of impacts
to nearby communities, and Executive Order 13175
requires agencies to consult with tribes on all actions that
could impact the tribal community.

National Environmental Policy Act

The National Environmental Policy Act (NEPA) requires
the evaluation of environmental impacts for any major
federal action, including issuing federal permits,
typically resulting in an Environmental Assessment or
a full Environmental Impact Statement (EIS). As part
of the NEPA process, agencies are required to provide
meaningful opportunities for public participation.

Key stages in the process include:1
 •   When an agency starts a NEPA analysis.
 •   When a NEPA document is published for public
    review and comment.
 •   When mitigation alternatives are being considered.

Meaningful engagement with communities can occur
prior to and throughout the entire NEPA process,
including when defining the affected environment,
identifying minority and low-income populations,
assessing potential  impacts, assessing potential
alternatives,  determining whether impacts are
disproportionately high and adverse, and developing
mitigation and monitoring measures.2

Methods used by agencies to engage communities in
scoping and development for environmental  impact
statements (EIS) include public meetings, conference
calls, formal hearings, informal workshops and
opportunities to submit written comments. Specific
guidance, methods and tools are available for analysis
and consideration of environmental justice as part of the
NEPA review process.

Federal Executive Order 12898

Under federal Executive Order  12898, all federal
agencies are required to identify and address the
disproportionate impacts of their programs, policies and
activities on low-income communities and communities
of color.3 Near-port communities often reflect these
demographics, making this requirement particularly
relevant for ports where activities require a federal
action, such as deepening or widening a harbor or
channel, bridge elevations, and multimodal infrastructure
investments. Executive Order 12898 requires an in-depth
environmental justice analysis  as part of a NEPA review.
Further, all federal funding is subject to Title VI of the
Civil Rights Act of 1964 thaf'prohibits discrimination on
the basis of race, color, and national origin in programs
and activities receiving federal financial assistance."
In addition Executive Order 12898 also applies to
federal funding (not just Title VI). For example, federal
grants (including TIGER and DERA) are subject to the
requirement to identify and address disproportionate
impacts.

Tribal Rights

Tribal communities often have special treaty rights that
must be considered, such as access to and protection
of treaty-protected rights, the health of plants and
animals, federal trust responsibility protections, and
government-to-government consultation.The Executive
Order 13175: Consultation and Coordination with Indian
Tribal Governments protects the sovereignty and right to
self-determination of Indian Tribes and requires agencies
to consult tribes on all policies, rules and guidance with
Tribal Implications (Tl).
Tribes have the authority to govern the environment
within Trust lands and other areas where they can
demonstrate jurisdiction, which includes implementing
federal laws when they have delegated programs.
Tribes also may have treaty rights in other areas that
are important in protecting traditional lifeways such as
subsistence hunting, fishing and cultural practices.
While part of the  environmental justice community, tribal
                                                          Section A Environmental Justice Primer for Ports

-------
Considering Near-Port Communities in  Port Decisions
governments also carry a special distinction, conferred
by statute, affirmed in the Clean Air Act, and upheld by
the Supreme Court, and their status as sovereign nations
means that they have additional  legal rights. Examples
of such rights are the right to hunt, fish, gather and
otherwise use the resources found in treaty-protected
lands. In addition, the federal government has a trust
responsibility to tribes, which is carried out through
government to government consultation. With respect
to emissions from ports, this means tribes must be
not just consulted, but engaged as government-to-
government partners, wherever and whenever there are
federal permits or reviews. This may include consultation
on emissions from the sources found in ports but may
also include the use of waters in the ports areas, traffic
in ports areas, and the health of the plant and animal
species found in treaty-protected areas. Tribes may suffer
from the exposure to pollutants more than the general
population due to their subsistence lifestyle, to the higher
than average prevalence of COPD, diabetes and asthma  in
tribal communities, and the use of resources for medicinal
and ceremonial purposes. Also, places of cultural or
spiritual significance can be impacted by pollution, as
these places are likely to be outdoors rather than inside  a
building.


Risk management

Community engagement as a potential risk management
strategy can help avoid losses from regulatory delays and
litigation due to non-compliance, community opposition
and negative press (see Case Study 1).

The quality of port-community relationships has direct
business implications for ports. Adversarial relationships
with communities can lead to litigation and regulatory
delays requiring significant time and resources.Taking
a proactive approach to community engagement can
provide more certainty during a decision-making process
rather than reacting to unforeseen community resistance
on the fly if proactive community engagement is not built
into the process.


Increased resilience and innovation

The need for community engagement goes beyond
meeting regulatory requirements and risk management.
The ports industry is currently working on diverse
priorities, ranging from infrastructure upgrades for
   CASE STUDY 11 Los Angeles and Long Beach
   Ports: Air Quality Settlement Funding

   In 2001, the Port of Los Angeles had plans to expand an
   existing shipping terminal. Residents in the San Pedro
   and Wilmington neighborhoods formed a coalition
   to oppose the expansion. Their concerns included
   increased pollution, blight, noise and congestion.
   Two San Pedro homeowner associations, the Natural
   Resources Defense Fund and the Coalition for Clean Air,
   filed a lawsuit against the City of Los Angeles and the
   Port of Los Angeles, citing violations of the California
   Environmental Quality Act.

   The lawsuit was successful and a landmark settlement
   followed. In 2003, a $50 million fund was established
   to mitigate the impacts of port operations in San Pedro
   and Wilmington. This settlement also required that
   the Port of Los Angeles adopt pollution prevention
   measures. The measures, which included shoreside
   power for container vessels and alternative-fuel yard
   equipment, had never been implemented at a shipping
   terminal. The project reduced air pollution by a ton
   a day per ship, and became a model for future port
   development.


post-Panamax shipping (refer to Appendix for more
information) and addressing transportation congestion
to workforce development and the need for resiliency
planning and adaptation to threats from climate change
and sea level rise.

Proactive community engagement that identifies
common interests between community needs and
current challenges facing a port can provide a foundation
for innovative, collaborative and meaningful solutions
(see Case Study 2). A collaborative approach to
community engagement can lead to win-win solutions
for ports and communities.This means bringing together
residents, community organizations, local and regional
governments and agencies, non-profits, and area
businesses to find mutually beneficial ways to address
environmental, land use and employment challenges.
According to National Cooperative Freight Research
Program (2014),"In the transportation  industry,  leading
companies have firmly enmeshed sustainability principles
into their overall corporate missions. (...) The increased
recognition of the environmental and human impacts
of supply-chain activities may lead to public pressure to
quickly implement policies to reduce these impacts."

 Section A Environmental Justice Primer for Ports

-------
Ports as integral part of freight supply chains will
be expected to respond this changing landscape of
transportation industry, and enable its customers to
reduce environmental and social impacts and stay
competitive.

The table below shares examples of the opportunities
that can emerge when ports and community partners
come together.
                           CASE STUDY 21 Baltimore Port Alliance: Proactive
                           Community Engagement

                           The Baltimore Port Alliance represents a coalition of
                           maritime businesses. Its mission is to "improve the Port
                           of Baltimore by creating a forum where information
                           that impacts the Port Community (nearby residents)
                           can be presented in a constructive environment and
                           acted upon in support of the members and the Port as
                           a whole." At the 2013 and 2014 National Dialogue on
                           Seaports, EPA recognized the Alliance as a model for
                           engaging community stakeholders.

                           The Alliance has two subcommittees. The Education and
                           Outreach Committee focuses on supporting educational
                           partnerships with entities across the Chesapeake region.
                           The Environmental Committee is responsible for (1)
                           informing Alliance members about key environmental
                           issues, and (2) sharing the Port's role in environmental
                           stewardship with community stakeholders. Activities
                           have included hosting compliance assistance workshops
                           for the maritime community and participating in
                           cleanup efforts across the Chesapeake Bay region.
 Port Industry Challenges

  •   Infrastructure upgrades and
     expansions to accommodate
     post-Panamax ships
  •   Transportation congestion
  •   Container management

  •   Workforce development
  •   Impact of national and
     international economic trends
Potential Opportunities     Ports Benefits
Land use planning and
smart growth through
port-community
collaboration.
Creating jobs and
training workforce from
near-port communities.
Reduced congestion and
infrastructure upgrades.
Employment-ready workforce
Community Benefits

Improved quality of life
through minimized exposure
to pollutants, enhanced public
safety and environmental
quality.
Access to jobs and a robust
local and regional economy
     Environmental sustainability    Shared planning
     Climate adaptation and
     resiliency planning
for resiliency and
sustainability.
                       Adoption of clean/renewable   Healthy, livable and more
energy and resource
efficiency from sustainable
operations model, resiliency
from climate impacts
resilient neighborhoods.
Protection of treaty-protected
                                                                                    resources.
Table 1: Port industry challenges and opportunities for collaborative decision-making to achieve mutually beneficial outcomes.

                                                              Section A Environmental Justice Primer for Ports

-------
Effective Community Engagement Methods
Meaningful community engagement is essential to
environmental justice and relies on communicating
directly with the impacted communities and providing a
means for their input to positively influence the decision
outcomes. Creating a permanent community advisory
committee (CAC) is an effective method for keeping the
community informed and gathering  input. Ports may
also designate a community liaison to ensure information
flows between community leaders and port decision-
makers.

Defining community stakeholder groups

Community stakeholder groups can  be divided into the
following categories by role in the process.

  Community Resident Groups: community
  residents and resident organizations from near-port
  communities

  Community-Based Partners: organizations working
  with near-port communities to support local goals

  Internal  Port Stakeholders: port authority or agency
  departments

  Port-Sector Stakeholders: port tenants, nearby
  industrial facilities and goods movement sector

  Government Stakeholders: local, regional or federal
  government entities with port and community
  responsibilities

  Local Educational Instituitions: local universities,
  colleges, schools and minority serving institutions
  (historical black colleges and universities, tribal
  universities and hispanic serving institutions)

  Tribes: Native American Tribes have unique rights as
  sovereign nations.

Relations between the port and each of these groups
can vary widely based on the degree of shared interests,
trust level and past conflicts. Engagement efforts can
tend to focus on those stakeholder groups with shared
interests and low conflict. However, reaching out directly
to impacted communities, despite past communication
challenges is essential to begin to understand community
concerns and explore feasible ways to address concerns
in planning and decision-making.The resources section in
the Appendix includes more information on the benefits
   Productive Engagement Tips

    1.  Honor the wisdom, voice and experience of
      residents.

    2.  Treat participants with integrity and respect.

    3.  Be transparent about motives and power dynamics.

    4.  Share decision making and initiative leadership.

    5.  Engage in continuous reflection and willingness to
      change course.

    6.  Be a ware of tribal rights and issues.

   Source: The Community Engagement Guide for Sustainable
   Communities, Policy Link
of effective community engagement and approaches to
collaborative problem solving.

Building relationships with near-port
communities

Ports agencies may be more likely to reach impacted
communities by placing public notices in media outlets
frequently accessed by area residents such as local
newspapers, radio stations and public access channels on
cable television. Ports can collaborate with community
leaders to distribute flyers, postcards and other materials
to local churches, civic groups and community-based
organizations. In communities with limited English
proficient populations, port agencies should translate
public notices and information on public comment
periods, and provide interpreters at public meetings as
necessary to ensure meaningful access. Port agencies
should also  provide information in accessible formats
to ensure effective communication for persons with
disabilities. Permit conditions are an effective way
to reduce emissions, incorporate considerations to
lessen adverse impacts of facility operations on nearby
communities, and proactively address local  quality of
life concerns. Actions that can be incorporated into
permit conditions include modifying truck traffic and rail
freight routes to avoid movement through residential
areas, reducing emission levels, monitoring  fence-line air
quality, and creating public access to waterfront parks.

 Section A Environmental Justice Primer for Ports

-------
Determining the level of community engagement
The International Association for Public Participation's (IAP2's) Spectrum of Public Participation discusses public
participation levels in increasing order of the potential impact of public involvement on decision-making (see table
1).1 Increased levels of engagement can lead to decisions with more public support.

The appropriate level of community engagement can vary depending on specific outreach goals, timing, location,
community culture and access to technology. Table 2 outlines IAP2 levels of engagement illustrated with example
actions and considerations for selection.
 Level of
 Engagement
 INFORM
 Build community
 support
 CONSULT
 Invite feed back
 on proposed
 port projects and
 policies

 INVOLVE
 Develop port-
 community
 collaborations
 COLLABORATE
 Build
 partnerships to
 mitigate port
 impacts
 EMPOWER
 Designate citizen
 representatives
Example Actions

Conduct community outreach and education
programs to share information early and often.
Welcome opportunities to meet with the nearby
community and host community events.
Invite advisory groups and community
organizations to engage with port decision-
makers and other oversight bodies.

Invite feedback via public comment periods
during formal decision-making processes.
Invite public comments earlier in the process
provide time to respond to community needs.
Invite community members to serve on a Port
Authority Board.
Develop a collaborative venture between the port
and community, such as piloting a new program.
Providing job training and employment
opportunities to individuals from the community.
Providing internships and cooperative learning
opportunities for local college students from the
university community to build the partnership.

Pilot a new program through a partnership with a
local government or organization.
Seek opportunities to partner with state or local
agencies to mitigate an impact

Create positions for community  residents on the
port's governing board.
Form a community advisory committee to advise
the port on strategies for addressing community
goals and concerns.
Considerations

Builds broad-based local support
Ensures engagement that reflects issues and concerns
identified by the broader community.
Builds capacities for outreach, problem-solving and
action.
Documents goals and concerns in the public record.
Works well for a significant document or project
proposal under public review.
May inform further evaluation of alternative
approaches.

Empowers the community to provide direct feedback
on specific decisions.
Puts ports staff in a more proactive, problem-solving
role.
Increases the likelihood of exploring and achieving
win-win solutions while minimizing conflict
Builds productive relationships to tackle bigger issues
in the future.
Builds community trust
Builds productive partnerships with local and regional
governments and organizations.
May mitigate only a portion of the full issue or concern.

Helps community representatives become better
informed about port constraints and requirements.
Creates community ownership and buy-in for
decisions.
Builds a consistent and reliable process for addressing
community concerns
Table 2: Considerations for selecting the appropriate level of community engagements

                                                              Section A Environmental Justice Primer for Ports

-------
Collaborative  Problem Solving
The Environmental Justice Collaborative Problem-
Collaborative Model1 defines collaborative problem-
solving as when/Various stakeholders agree to work
together to address a particular issue or concern. [...]
Such collaboration fosters the conditions that enable
the parties to mobilize the resources necessary to realize
stronger, more lasting solutions."The Environmental
Justice Collaborative Problem Solving Model (CPS)
includes the following seven elements:
  Element 1:  Issue Identification, Community Vision, and
            Strategic Goal Setting
  Element 2:  Community Capacity-Building and
            Leadership Development
  Element 3:  Consensus Building and Dispute Resolution
  Element 4:  Multi-Stakeholder Partnerships and
            Leveraging of Resources
  Element 5:  Constructive Engagement by Relevant
            Stakeholders
  Element 6:  Sound Management and Implementation
  Element 7:  Evaluation, Lessons Learned, and
            Replication of Best Practices

Consensus Building
At the heart of collaborative problem-solving is
consensus building. Building consensus means seeking
agreement among different and, often times, competing
interests by encouraging all participating stakeholders
to seek common ground and derive mutual  gains.
Consensus building requires members to work together
to seek creative solutions to meet the needs and interests
of each member of the group.

Dispute Resolution
A dispute happens when a conflict between different
parties has reached an impasse. Dispute resolution
processes can be legally mandated or consensual.
Enlisting a third-party, neutral facilitator or mediator
can greatly assist in resolving disputes productively
and provide the parties with greater control over the
process and outcomes. Disagreements about facts or the
interpretation of data may arise in virtually all situations
involving disproportionate environmental and/or public
health issues. When disagreements about facts or data
occur, the stakeholders can jointly choose to use an
expert or team of experts to conduct neutral fact-finding.
   Tips for Building Consensus and Resolving
   Disputess
   Tips for Building Consensus and Resolving Disputes
    •  Design processes, both formal and informal to
      ensure fair treatment and meaningful participation
      of all stakeholders.
    •  Promote the development of a common vision and
      goals among all partners.
    •  Utilize facilitators or mediators to assist in the
      communication and negotiation process.
    •  Identify, nurture, and promote win/win scenarios
      and mutual gains.
    •  Utilize alternative dispute resolution techniques to
      resolve crystalized disputes.
Community Benefit Agreements

A Community Benefits Agreement (CBA) is,"a legally
enforceable contract, signed by community groups and
a project developer, detailing a range of community
benefits that the developer agrees to provide as part
of a proposed project" (EPA Region 8). CBAs represent
community concerns and directly relate to the land
use and/or environmental impacts of the proposed
development.
Past CBAs have included a range of benefits, including
construction of affordable housing, job hiring
commitments, living wage jobs, new public facilities and
amenities, new or improved transportation infrastructure,
environmental remediation, commitment to sustainable
construction practices.
Community Benefit Agreements (CBA) can play an
important role in engaging near-port communities and
ports  in mutually beneficial partnerships. Employment
and job training is a particularly important issue for
near-port communities. An example of a CBA is when the
ports and communities enter into a job training and labor
agreement that pertains to a new development project
proposed by the port. Existing conditions assessments
can compare the conditions in near-port communities
with conditions across the region to assess potential
disparities and establish a baseline for improving quality
of life.

 Section A Environmental Justice Primer for Ports

-------
The key steps in developing effective CBAs include:2
 •  Technical assessment of local conditions
 •  Identify key stakeholder groups
 •  Conduct a needs assessment (derived from interviews
   with stakeholders)
 •  Decide CBA legal framework and terms
 •  Build community capacity to sustain partnerships and
   investments
    » Cross-cultural relationships
    » Collaborative problem-solving
    » Targeted technical assistance
 •  Monitor outcomes
Tools
 •  Environmental Justice
    Collaborative Problem-
    Solving (CPS) Model:s
    Systematic community-based
    approach for stakeholders
    to achieve lasting solutions
    for local environmental and
    public health issues and
    concerns.

 •  Collaborative Governance:1
    Public and private
    stakeholders come together
                          in collective forums with public agencies to engage
                          in consensus-oriented decision-making regarding
                          agency plans and actions.

                          The Community Action for a Renewed Environment
                          (CARE) model: The EPA CARE model provides
                          partnership approaches and methods to empower
                          communities to collaboratively investigate
                          environmental issues and reduce toxic emissions.
                          The CARE Community Resource Guide outlines the
                          process in table 1.

                          Working Effectively with Tribal Governments: This
                          tool provides an understanding of the unique status
                          of Indian tribes, their historical relationship with the
                          federal government and how it affects government
                          programs, responsibilities, and initiatives.

                          Asset Based Community Development (ABCD):1
                          A strategy for sustainable, community-driven
                          development. Beyond the mobilization of a particular
                          community, ABCD focuses on linking micro-assets
                          to the macro-environment. The appeal of ABCD
                          lies in its  premise that communities can drive the
                          development process themselves by identifying and
                          mobilizing existing - but often unrecognized - assets,
                          and thereby respond to and create local economic
                          opportunity.
Figure 5: EPA's Environmental
Justice Collaborative Problem
Solving (CPS) Model
 Stage in the CARE Process

 The community, in partnership with EPA, creates
 a collaborative problem solving stakeholder
 group made up of the various stakeholders in
 the community.
           Part of the Resource Guide

           Part I: Getting Started and Building
           Relationships
Table 3: The CARE model can be adapted
to engage near-port community, public
agencies and other stakeholders.
The CARE Resource Guide provides
references to effective planning and
implementation of the model.
 The stakeholder group assesses the community's
 toxic exposure problems.

 Partnering with EPA, the Stakeholder Group
 selects and funds projects designed to reduce
 risk and improve the environment
           Part II: Understanding the Risks in
           Your Community

           Part III: Methods to Reduce Your
           Exposure
 The Group tracks progress, evaluates programs,
 and develops new ways to bring funds and new
 partners into the community to fund further risk
 reduction measures.
           Part IV:Tracking Progress and Moving
           Forward

                                                           Section A Environmental Justice Primer for Ports

-------
Planning and  Decision-Making Tools
Port decision-makers and organizations face complex
challenges that can benefit from a comprehensive
approach to social, economic and environmental
priorities.This section shares tools that can help port
decision-makers maximize the value of community
engagement throughout planning and decision-making
processes.Tools include:
 •  Impact assessments
 •  Performance measures
 •  Monitoring and reporting


Impact assessments

Impact assessment tools evaluate social and
environmental impacts on communities, guiding
informed selection of strategies and decision-making.
The resource section  in the Appendix includes a range of
specific assessment tools to explore.
 •  Environmental Impact Assessments (ElAs):  evaluation
   of the likely environmental impacts of a proposed
   project or development, taking into account all
   socioeconomic, cultural and public health impacts.
 •  Strategic Environmental Assessments (SEAs): a
   comprehensive process of identifying and evaluating
   the environmental consequences of proposed
   policies, plans or  programs on par with social and
   economic considerations. An SEA is considered to be
   a proactive and sustainability-driven assessment. ElAs
   in contrast are largely reactive.
                                 COMMUNITY riim-ifATinrj m
                                 HliLTM IUPACT M«SIMENTS:
                                  1 NATIONAL EVM.UATHM
Health Impact Assessments
(HIAs): a process that helps
evaluate the potential health
effects of a plan, project or
policy before it is built or
implemented. An HIA can
provide  recommendations
to maximize positive health
outcomes and minimize
adverse  health outcomes.
The Human Impact Partners'
report on Community
Participation in Health Impact
Assessments discusses the
value of authentic community engagement in HIA
practice.
                                           0
                                        GrcupHaaMi
                               Figure 6: Community
                               Participation in Health
                               Impact Assessments report
 •  Social Impact Assessments (SIAs): a systematic review
   of potential impacts on the day-to-day quality of
   life of people and communities whose environment
   is affected by a proposed project, plan or policy
   change. The Using Social Impact Assessments to Create
   Opportunities for Communities report presents the
   process to leverage SIAs for community benefits.


Performance measures

A performance measure is a unit of information measured
over time to help evaluate and report progress toward
goals. Determine a starting baseline and a desired
target to effectively track performance measures over
a pre-established period. Performance  measures can
include inputs (the amount of investment), outputs (the
resulting change in operations), and outcomes, (the
change in the social or environmental conditions). The
following resources provide additional  considerations for
establishing and tracking performance metrics:
 •  Measurement Tips and Resources for Community
   Projects (EPA CARE Program)
 •  Evaluation Metrics Manual: Chapter 6 - Capacity
   Building (National Institutes of Health)

The tools below provide a robust set of goals and
performance indicators for measuring community quality
of life.
 •  Star Community Rating
   System: built around
   eight goals and objectives,
   including built environment,
   climate and energy, economy
   and jobs, education, arts
   and community, equity and
   empowerment, health and
   safety, natural systems, and
   innovation and process.
 •  EcoDistricts Protocol:
   performance standards
   based on (1) Imperatives:
   equity, resilience, and climate protection; (2)
   Priorities: place, prosperity, health and wellness,
   connectivity, living infrastructure; and (3) Resource
   Restoration and Implementation: formation, roadmap
   and performance.
Figure 7: STAR
Communities Index

 Section A Environmental Justice Primer for Ports

-------
 •   Envision Rating System: performance measured
    by five key indicators - quality of life, leadership
    (collaboration-based model), resource allocation,
    natural world, and climate and risk.


Monitoring and reporting tools

Strategic plans or project action plans can include
periodic monitoring and assessment timelines.
Measuring indicators of performance can help assess
progress toward the port and community's goals.
When identifying what to monitor and report, consider
employing citizen science (as described to the right)
to engage the community in monitoring an issue of
concern. Reporting back to the community helps bring
transparency and accountability to port operations.
 •   Annual Progress Reports
    (APRs): track progress on
    individual goals, action plans
    or all performance indicators
    comprehensively.The Port
    of Houston's APR reports
    on business, environmental
    and social responsibility
    accomplishments.
 •   Newsletters: easily
    accessible media that can
    share port progress updates
    with a wide audience.
    Newsletters can be published regularly to encourage
    ongoing community engagement.
 •   Web updates and social media announcements:
    share regular updates, request feedback and build
    relationships.
Figure 8: Annual Progress
Report, Water Resource
Action Plan, Port of Long
Beach
                          Citizen science and community-based
                          participatory research

                          Citizen science is a tool that can empower communities
                          to better understand the environmental conditions
                          impacting them, provide a vehicle for analyzing
                          and sharing that data, and advocate for positive
                          environmental and community change. Citizen science
                          projects recognize the value of engaging the public in
                          scientific investigations. Citizens can participate in or
                          lead research efforts both by analyzing existing data and
                          gathering new data for analysis.

                          Citizen science is a form of community-based
                          participatory research (CBPR). As defined by the W.K.
                          Kellogg Foundation Community Health Scholars
                          Program, CPBR is a "collaborative approach to research
                          that equitably involves all partners in the research
                          process and recognizes the unique strengths that each
                          brings. CBPR begins with a research topic of importance
                          to the community, has the aim of combining knowledge
                          with action and achieving social change to improve
                          health outcomes and eliminate health disparities."1 For
                          example, EPA's Air SensorToolboxfor Citizen Scientists
                          provides information and guidance on new low-cost
                          compact technologies for measuring air quality.
Programs and events: ongoing activities provide
opportunities for education, building awareness
and problem-solving focused on shared port and
community issues.
   CASE STUDY 31 The Port of Portland: Swan Island Air Quality Project

   The Port of Portland funded a two-year community involvement program in coordination with a study that explored
   levels of chemical emissions from nearby industrial facilities and the potential for exposure and health impacts on the
   local community. The Port felt that there were environmental, political and business reasons to conduct the study and
   sought data in a conscientious and careful manner. The Port created a Task Force that included the shipyard operator, the
   Department of Environmental Quality, three neighborhood associations, and two outside experts on toxic health and
   environmental issues communications. Through this initiative, the shipyard operator agreed to eliminate certain paints;
   improved practices and changed operational technologies; provided a model for technical and community input on
   the state hazardous air pollution program; increased public education; and improved relations between communities,
   businesses, agencies and the Port

                                                             Section A Environmental Justice Primer for Ports

-------
How are  Ports Engaging Communities?
Policies, programs, initiatives, partnerships and agreements
                                     Port of Oakland, CA
 Port of Baltimore, Maryland Port
 Administration, MD
 The Port is "committed to being a good
 neighbor"and meet its obligations
 for"improved air and water quality,
 reduction of impacts to the Patapsco
 River and the Chesapeake Bay, and
 sound environmental management."
 The MPA Environmental Strategy
 2015 forms the basis of the Greenport
 program that includes mitigation
 projects under environment, port
 operations and community.
                                     The Social Responsibility Division
                                     "aims to facilitate inclusion, fairness,
                                     equity, as well as access to economic
                                     opportunities, programs, and services
                                     of the Port for the people and
                                     businesses in the Port community."
                                     The Port supports this goal through
                                     proactive community relations and
                                     community engagement programs
                                     and community-positive policies,
                                     including the Commitment to
                                     Accountability &Transparency
                                     and Powering Jobs. Empowering
                                     Communities.
Port Authority of New York and
New Jersey
In alignment with its commitment
to "safeguarding the land, water,
air, natural resources, flora, fauna
people and their interrelation,"the
Port's Government and Community
Relations Department manages
programs, partnerships and federal
initiatives, and the Port undertakes
several environmental initiatives and
environmental stewardship programs
focused on clean air, harbor restoration
and shoreline stabilization.
                                    PortofBellingham,WA
                                    The Port's mission is based on its
                                    commitment to "work cooperatively
                                    with other entities, within the
                                    framework of community standards."
                                    The Port has an extensive community
                                    outreach program as well as cross-
                                    sector projects such as Waterfront
                                    District Redevelopment with the City.
                                    Public involvement is highly regarded,
                                    and the Port incorporates varied
                                    views while making difficult decisions,
                                    such as through the Community
                                    and Environment program that links
                                    community and environmental health.
 Port of Portland, Oregon
 The Port's comprehensive
 Environmental Policy combines natural
 resource, community and stakeholder
 relations, performance monitoring and
 evaluation requirements.
 Carried out by Green Side, it includes
 environmental programs such as
 stormwater management, mitigation
 management, water conservation,
 Wildlife Undercrossing and Friends of
 Trees.
Port of Houston Authority
The Port Authority is the first U.S.
port to attain the world standard for
environmental excellence, ISO 14001.
The Port's 2011 mission statement lays
out its commitment to "sustainable
trade and generating economic
development...while being a model
environmental and security steward,
and a community-focused and fiscally
responsible organization."
Its 2015 Strategic Plan delineates four
strategic goals and objectives around
people and organization, growth,
infrastructure, and stewardship.
Port of Los Angeles, CA
The port-wide Project Labor
Agreement (PLA) is a five-year
agreement between the harbor
and local building and trade unions
to address unemployment and
underemployment in neighborhoods
near the Port of Los Angeles and seeks
to advance the skills of local workers.

 Section A Environmental Justice Primer for Ports

-------
Section B: Good Neighbor Roadmap

-------
Overview
Using the Good Neighbor Roadmap

Have port staff experienced repeated community meetings characterized by anger and frustration? Or spent hours
responding to public comments that do not seem related to the decision at hand? These are common agency
experiences when sharing decisions with highly impacted communities. However, they can often be avoided by
taking a proactive approach to building community relationships.

This Good Neighbor Roadmap outlines six key steps for effectively engaging communities in ports  decision-
making. While the steps follow a set order (see diagram on page 21), start with the step that best fits your needs and
circumstances.Timeframes for each step will vary depending on the local context. Over time, port decision-makers
may cycle through the steps several times as part of addressing new issues and strengthening local partnerships.


Selecting a starting place

The scenarios below provide examples of how different port agencies may approach using the Roadmap. These
scenarios are only two of many situational dynamics that the Good Neighbor Roadmap could address.

Scenario A - The community has persistently raised a particular issue and your port is considering  how to address
it within the scope of port planning and operations. You could start with Step 4- Identify Levers for Change- and
identify  plans or projects that might best address the issue. Your port could then choose to circle back to Step 2 - Build
Relationships - to assess priority relationships with residents  and local organizations.

Scenario B - Your port has to make a decision regarding a new infrastructure project or operational change and needs
community input on the proposed plan. Starting at Step 3 helps you identify community issues and goals. Steps 4
and 5 enable you to look for connections between community goals and the proposed plan. Following a successful
community engagement effort, you may decide to work toward capturing  the community's interests and momentum
over the long term, by circling back to Step 1 to develop a policy for continued engagement.
 Try It Out!  Determine a Starting Place
The following assessment is designed to help you determine which step would most benefit your port at the moment.
Review the questions and mark"no,""some"or"yes."Consider starting with the step in the process that you first marked
with a "no" or "some."

  Step   Port Assessment

    1     Does your port have a robust approach to engaging near-port communities? Does the approach
         result in consistent positive community outcomes and productive working relationships?
    2     Does your port have strong working relationships with a broad range of community stakeholders,
         including community members and area organizations representing near-port residents?
    3     Is your port aware of the range of near-port community concerns and needs?

    4     Has your port identified upcoming plans and projects that may be able to address specific near-
         port community concerns?
    5     Does your port have a Good Neighbor Strategic Plan with specific actions and priorities that
         address community  needs and mitigate impacts on near-port communities?
    6     Does your port have a Community Advisory Group that helps integrate local goals into planning
         and decision-making? Does your port have a way to measure and track community engagement
         success relative to local goals and priorities?

Mark"no,""some"
or"yes"
 Section B Environmental Justice Primer for Ports

-------
                 Steps in the Good  Neighbor Roadmap Process
                      Step 1: Assess Your Community
                      Engagement Approach
                         Develop a strong policy foundation reflecting
                         your port's commitment to meaningfully engage
                         the near-port community in decisions and strive
                         for solutions that improve their quality of life.
Step 6: Act, Measure and Sustain
Progress
   Collaborate on an early-win project, maintain
   momentum with consistent action and
   communication, formalize community
   partnerships and share progress regularly.
Step 5: Develop a Good Neighbor
Strategic Plan
   Work in partnership with the community
   to document how and when the port and
   related agencies plan to engage the near-port
   community and address priority concerns over
   the next 3-5 years.
                         Step 4: Identify Levers for
                         Change
   Assess the nature of your port's relationships with
   the broad spectrum of stakeholders and begin
   building trust and connections with near-port
   community organizations and leadership.

Step 3: Gather Community
Concerns and Goals
   Engage the near-port community to gather
   current community goals and concerns, even
   those that may seem beyond current port
   jurisdiction.
                            Identify upcoming plans and projects at the port
                            as well as related public, private and non-profit
                            agencies to identify opportunities to involve the
                            near-port community and address community
                            goals.

                                                    Section B Environmental Justice Primer for Ports

-------
Step 1. Assess your Community Engagement Approach
This step focuses on assessing your agency's community engagement philosophy, goals, policies, plans and
relationships with stakeholders. This is an opportunity to evaluate how your agency's policy framework can reflect
a commitment to engage near-ports communities and strive for solutions that improve their quality of life. In some
cases, port agencies may be examining the extent to which a port's mission statement, core values and goals reflect a
commitment to social responsibility, community engagement and impact mitigation for the first time.

Ideally, a port's community engagement commitment can be made organization-wide, but can also be accomplished
at the department level, for example guiding the work of a social responsibility or community outreach department.
 Try It Out! Assess Your Community Engagement Policy
The questions below provide an opportunity to reflect on your port's current community engagement policy and to
determine if there are gaps in the policies or areas that could use further focus and refinement.
 Questions

 Does your port have a mission statement
 with specific goals and decision-making
 criteria focused on community engagement
 and impact mitigation?

 Does your port have a community
 engagement policy describing how to
 consider potential community impacts? Are
 there nearby tribes that may be impacted?

 Have you assessed which department
 decisions have the highest potential impact
 on nearby communities?

 Does the port have a method for evaluating
 project-specific and cumulative community
 impacts? Is there a method for determining
 how to maximize potential benefits and
 mitigate harmful impacts when making
 planning and operational decisions?

 Has your port identified community
 engagement goals and outcomes to
 guide decision-making?  Are these applied
 consistently across departments?

 What metrics are used to evaluate
 community engagement outcomes?

 Is there a mechanism to coordinate
 community engagement across departments
 and agencies? Are there  gaps that need to be
 addressed?
Potential Gaps
Areas for Further Refinement

 Section B Environmental Justice Primer for Ports

-------
Try It Out!  Draft a Social Responsibility Mission
Review the mission statement examples that include a
social responsibility commitment, then use the space
below to draft a sample mission statement that reflects
engagement and social equity in  near-port communities
and nearby tribes.
"The Port ofBellingham's mission is to fulfill
the essential transportation and economic
development needs of the region while providing
leadership in maintaining greater Whatcom
County's overall economic vitality through
the development of comprehensive facilities,
programs, and services." PortofBellingham

"The Port of Houston Authority facilitates
commerce, navigation, and safe waterways
promoting sustainable trade and generating
economic developmenL.while being a model
environmen tal and security steward, and a
community-focused and fiscally responsible
organization." Port of Houston

"The Social Responsibility Division aims to facilitate
inclusion, fairness, equity, as well as access to
economic opportunities, programs, and services of
the port for the people and businesses in the port
community." Port of Oakland
                                                       Digging Deeper Exercise

                                                       For your port, review the IAP2 levels of
                                                       engagement examples outlined in Table 2 on page
                                                       13 and then explore the following questions:
                                                        •  What engagement methods has the port
                                                          used in the past that were successful? Which
                                                          methods were less successful? Why?
                                                        •  What expectations does the near-port
                                                          community have about engagement in the
                                                          decision-making process?
                                                        •  What are the port's expectations?
                                                        •  Was there a recent decision where the
                                                          community expected a much greater level of
                                                          engagement?
                                                        •  Is there an upcoming decision where the port
                                                          might increase the level of engagement of
                                                          near-port communities?
                                                                                                       23
                                                         Section B Environmental Justice Primer for Ports

-------
Step  2: Build  Relationships
Building strong relationships with community members and stakeholder groups is a prerequisite for effective
community engagement and addressing environmental justice concerns. Once your port's community engagement
policy is in place, it is time to identify stakeholders and their needs, interests and priorities. This information will guide
the port's community and stakeholder outreach.
 Try It Out!  Identify Key Stakeholders by Group
Identify community groups using the table below. Use this list is as a starting point for outreach to community groups.
Consult with them to identify additional community partners to ensure key stakeholders are not excluded and that
diverse perspectives are well represented. Keep the stakeholder categories outlined on page 12 in mind as you fill in
the table.
  Community
  Resident Groups
Community-Based
Partners
Internal Port
Stakeholders
Port-Sector
Stakeholders
Government
Stakeholders
Tribes
Stakeholder Interests and Outreach

Outreach to groups and organizations can be
tailored using Stakeholder Interests Mapping, which
captures community and stakeholder interests,
current levels of engagement, gaps in relationships,
as well as opportunities for collaboration. In framing
community and stakeholder interests and opportunities
for collaboration, outreach can broaden beyond
environmental concerns to include opportunities such as
job training, student education and community cleanup
activities.

Focus on developing strong relationships between
the port and community partners by sharing your
commitment to working together and developing
services and programs built around that goal. Once core
relationships are in place with the near-port community,
reach out to additional stakeholders. Developing cross-
sector support and collaboration opportunities can help
ensure buy-in and effective implementation.
                                     Digging Deeper Exercise

                                     Based on the stakeholders identified in the table above,
                                     answer the following questions:
                                      •  How would you characterize the port's relationship
                                        with each stakeholder group, especially near-port
                                        residential communities?
                                      •  Is the port's engagement more frequent with some
                                        groups than others? If so, why?
                                      •  Is the port's engagement more positive with some
                                        groups than others? If so, why?
                                      •  What are the most persistent roadblocks to
                                        developing positive relationships with adjacent
                                        residential communities?
                                      •  Who are the (real or perceived) winners and the
                                        (real or perceived) losers in a specific action or
                                        project?

  Section B Environmental Justice Primer for Ports

-------
   Know Your Community

   Conduct multi-media community outreach and engage
   your community through focused community meetings
   as well as other engagement opportunities to gain an
   understanding of: a) community assests and liabilities b)
   community challenges including health, employment,
   education, and quality of life concerns c) community
   aspirations and goals.
                              COMMUNITY OUTREACH EXAMPLE
                              Port of Bellingham, Washington

                              The Port of Bellingham in Washington state has a
                              comprehensive Community Outreach Strategy:

                               1.  Programs and Events: Host annual public events
                                  around the community's culture, recreation and
                                  sustainability, and offer educational programs for
                                  schools and organizations.

                               2.  Services: Welcome opportunities to involve advisory
                                  groups, listen to ideas and comments, and meet
                                  with community members.

                               3.  Newsletters: Publish quarterly community and
                                  marina newsletter.

                               4.  Responsibilities: Share port's responsibility for
                                  economic development and environmental
                                  cleanups.
 Try It Out! Map Stakeholder Interests
Use the table below to capture your current understanding of stakeholder interest, levels of engagement and
opportunities for collaboration. You may need to revisit and refine this information following completion of Step 3.
 Stakeholder Group

 Community Resident Groups
Stakeholder Interests
Current Level of Engagement
Which interests need more
engagement?
 Community-Based Partners
 Internal Port Stakeholders
 Port-Sector Stakeholders
 Government Stakeholders
 Tribes

                                                            Section B Environmental Justice Primer for Ports

-------
Step 3: Identify Community Concerns and  Goals
This step provides an opportunity to engage near-port communities to
gather current community goals and concerns, even if they may seem outside
the port's authority. Inviting the community to a discussion of priority
community concerns outside a decision process can take the pressure off a
single plan or project to address all the concerns. This approach allows for
collaborative problem-solving to clarify concerns, translate concerns into
concrete goals, establish performance measures and set targets for achieving
each goal.
 Try It Out! Identify Community Goals
Meet with near-port community representatives to identify community goals.
Using tools such as the checklist to the right and the table below:

Identify community concerns. Review the community concerns checklist.
Note the concerns of most importance in your community. Add these priority
concerns and any others not in the checklist to the table below.

Add detail. Once you have listed the key concerns, describe each one in as
much detail as possible. For example, for air quality, identify the location of
operations and times when potential air quality impacts are of most concern.

Describe impacts. Describe the community impacts of each concern. For
example, does air quality impact sensitive populations such as children
or the elderly? Or homes along a truck route? Have community members
experienced increased or exacerbated health issues that they associate with
poor air quality?

Set goals. Translate each concern into a goal. For example: Improved air
quality in the neighborhood with a focus on reducing air pollution that
directly impacts sensitive populations such as children.

Prioritize for action. Number the concerns and  goals in order of importance.
Ask the community,"lf we could make only one change this year, what would
it be?"
                             Community Concerns
                             Checklist
                              n  Noise
                              n  Water traffic/road traffic
                              n  Smells/odors
                              n  Air quality
                              n  Human health
                              n  Pedestrian safety
                              n  Trash
                              n  Abandoned lots
                              n  Brownfield sites
                              n  Polluted waters
                              n  Access to open space
                              n  Light pollution
                              n  Idling trucks
                              n  Freight trains
                              n  Access to/protection of
                                 treaty protected areas
                              n  Other	
 Community Concerns     Detailed Description
Impacts
Community Goal
Priority

 Section B Environmental Justice Primer for Ports

-------
Collaborative Problem Solving to Develop
Shared Goals

In most situations, there may be a significant gap
between the goals of the near-port community and
those of the port agency that can result in a polarized
stalemate. Adopting a Collaborative Problem Solving
approach can help multiple stakeholders reach
agreement on top priority goals. As discussed in
Section A, collaborative problem solving happens
when stakeholders come together around an issue to
explore solutions towards mutually beneficial  outcomes.
Convening a range of stakeholders and partners can
increase areas of overlapping interest between two
or more stakeholders, and bring more resources to
the table that can be leveraged to develop creative,
mutually beneficial solutions. Building on the stakeholder
interest table in Step 2, consider what role the following
stakeholder groups could contribute in a collaborative
goal setting process:1
 •  People with formal power to make a decision -may
   include ports and regulatory agencies.
 •  People with power to block - may include unions or
   advocacy groups with capacity to litigate.
 •  People affected by the decision - includes near-
   ports communities.The more affected a group is by
   a decision, the more involved they should be in the
   decision-making process.
 •  People with relevant information, resources or
   expertise - may include scientists and partner
   agencies.
                             Digging Deeper Exercise | Shared Goals

                             As you explore the collaborative problem solving
                             approach, consider how each of the community-
                             identified goals might benefit from the following:
                              •  Identify and agree on very specific locations
                                 and timing of the concern (rather than trying to
                                 tackle the issue more generally).
                              •  Identify gaps in knowledge or disagreements
                                 about facts and agree to jointly fact-check
                                 information, data and assumptions through a
                                 third-party, neutral technical advisor.
                              •  Identify partner organizations or agencies who
                                 may be able to provide resources or technical
                                 assistance to address the goal or generate a
                                 mutually agreeable solution.
                              •  Identify funding to try out a pilot solution
                                 to the issue before committing to larger
                                 operational changes.
                              •  Identify a smaller workgroup with
                                 representation from the  key interest groups to
                                 generate viable options with pros and cons for
                                 discussion with the larger group.
                              •  Identify an early and  easy win/win goal  to
                                 generate positive momentum that can be used
                                 to work up to more challenging, higher priority
                                 goals.
 Try It Out!  Determine Performance Measures
As you collaborate with the
community to define goals,
consider what assessments
are needed to document
current conditions and
what performance
measures will be used to
track changes over time.
Community Goal
Performance Measure
Assessments with Relevance to
Community Goals

                                                          Section B Environmental Justice Primer for Ports

-------
Step 4:  Identify Levers for Change
Start to consider how to address the prioritized community goals by identifying upcoming projects and plans that
could be leveraged to mitigate impacts or develop innovative solutions to the community issues. Further, evaluate key
regulatory planning or policy documents related to these projects, and identify existing requirements and guidance
for social responsibility, impact mitigation and community engagement. After evaluating potential levers of change,
various opportunities and scenarios can be explored to achieve community goals.
 Try It Out! Identify Levers for Change
Review upcoming expansion or infrastructure projects at
your port as well as related projects and plans proposed
by other agencies and organizations (e.g., transportation
corridor upgrades, waterfront development, job training
programs).

Identify how each of these efforts could impact near-port
communities and explore opportunities to align efforts to
meet shared goals.
 •  What are the potential negative impacts on near-port
   communities?
 •  What are the potential positive impacts on near-port
   communities?
 •  What are specific community goals that could be
   considered during the planning process?
                             Digging Deeper Exercise
                             As you review each upcoming decision,
                             regulatory or permit document through the IAP2
                             lens, reflect on the questions below:
                              •   Is the community aware of these documents
                                 or decision points?
                              •   Are documents easily accessible, written in
                                 plain language, and translated in multiple
                                 languages as needed?
                              •   What level of community engagement does
                                 the process and materials currently reflect?
                              •   What are the port's expectations for level
                                 of engagement by the community? How
                                 do these differ from the community's
                                 expectations?
                              •   What would it take to get to the next level of
                                 engagement?
 Upcoming Projects and Plans
Potential Negative Impacts on
Near-port Communities
Potential Positive Impacts on
Near-port Communities
Specific Community Goals to
Consider

 Section B Environmental Justice Primer for Ports

-------
 Try It Out! Align Community Goals with Ports Projects
Use a table like the one below to identify projects with the most potential to address community goals and priorities.
Consider which might be most important to the community based on their priority concerns. Consider whether
coordination among related projects many help better address community concerns.
 Upcoming Projects and Plans
 (mark all interests impacted)
 Multi-modal facility

 Waterfront development

 Pedestrian and bike plan

 New container storage

 Recycling and hazardous
 waste program

 Channel expansion and
 deepening
Air Quality
Noise Control   Human Health  Jobs
Waste
Pedestrian
Safety
   Consider an Integrated Approach to Addressing Regulations and Community Goals

   Port agencies are subject to a range of federal laws that seek to mitigate environmental and social impacts,
   including:
    •  National Environmental Policy Act (NEPA)
    •  Title VI of the Civil Rights Act
    •  Clean Water Act, provisions for Citizen Suits
    •  Safe Drinking Water Act
    •  Clean Air Act (as amended)
    •  Resource Conservation and Recovery Act (RCRA)
    •  Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

   Many of these regulations include standards and guidance for addressing common community issues related
   to air quality and other project-related or operational impacts to the community.These regulations also specify
   minimum requirements for public input. For each upcoming plan or project, identify which environmental
   laws apply, and then evaluate which of these align with community priorities. Federal environmental standards
   can offer a starting place for discussing community goals and targets.The associated regulatory guidance for
   each law offers best practices, technical resources, funding and other tools that can help guide discussions and
   evaluate options for setting shared goals and targets. See the resources section in the Appendix for additional
   opportunities to integrate community goals with regulatory drivers.

                                                          Section B Environmental Justice Primer for Ports

-------
Step 5. Develop a  Good  Neighbor Strategic Plan
A Good Neighbor Strategic Plan provides a foundational
document to inform community engagement for each
future port policy and project update. The plan is a
comprehensive multi-year document developed with
community input and should be reviewed and updated
periodically (for example every 1-2 years) to  track
goals, and stay current and relevant. The Plan serves
as an ongoing reference resource for port staff and the
community by outlining how the port will address local
concerns and goals across upcoming projects, decision
documents, planning processes, and pilot projects or
programs.

In this step, consider how the information developed
through Steps 1-4 can be refined and captured in your
Good Neighbor Strategic Plan.


Key sections

 1.  Define a Good Neighbor Policy: Develop a policy
    for community engagement based on the mission
    statement and assessments from steps 1 through 4.
    •  Define areas of focus for the port as a Good
      Neighbor.
    •  Define community engagement goals.
    •  Define decision-making  criteria and outcomes.
    •  Define reporting mechanism and accountability
      measures.

 2.  Develop an engagement plan: Develop a
    community and stakeholder engagement plan
    enlisting stakeholder groups identified in Step 2.
    The plan should outline when, where and how the
    community will be engaged during the project.
    •  Convene partners. Federal, state or local
      government staff or non-profit organizations can
      take the lead.
    •  Convene a Community Advisory Group to ensure
      equitable local representation.
    •  Regularly update partnership goals and objectives.
    •  Structure partnership agreements. Identify key
      partner roles and responsibilities.

 3.  Document community concerns and goals:
    Document local concerns, establish measurable goals,
    and develop performance measures in coordination
    with the community.This can be done based on the
  framework established in Step 3.
  •  Document and prioritize community concerns and
     goals.
  •  Conduct existing condition assessments.
  •  Establish qualitative and quantitative performance
     measures to gauge progress.

4. Identify levers for change: Summarize your findings
  from Step 4, covering upcoming projects, plans,
  pilot projects and programs that could relate to
  community goals.
  •  Identify how upcoming projects, plans and
     strategic documents will contribute to community
     goals.
  •  Identify specific actions in each process that can
     reduce community impacts or increase local
     benefits.
  •  Consider pilot projects or new programs that can
     be established to meet community goals.

5. Identify feasibility and mitigation studies: Identify
  health, social or environmental assessments that
  may be needed to evaluate and quantify community
  concerns.These studies can inform key project plans
  with the greatest potential to address community
  goals.
   •  Identify opportunities for assessments to
      consider cumulative impacts from past and future
      changes.
   •  Work with the community to identify and address
      any technical assistance needs to ensure  well-
      informed discussions.

6. Establish tracking and reporting mechanisms:
  Establish an implementation timeline for tracking
  progress and connecting with the near-port
  community.
  •  Develop an implementation timeline with
     performance metrics and a monitoring and
     reporting process (e.g., periodic newsletters,
     annual progress reports for the community).
  •  Identify specific points to engage the stakeholders.
  •  Identify an internal coordination process to make
     sure all port departments are fully engaged.

 Section B Environmental Justice Primer for Ports

-------
   Digging Deeper Exercise

   Process-based considerations for drafting the Good Neighbor Strategic Plan:
    •   How can different stakeholder groups be engaged in drafting and reviewing the Good Neighbor Strategic
       Plan?
    •   Which groups should be prioritized to ensure distributional equity (achieved by prioritizing those with
       highest need)?
    •   Who are the key stakeholders outside of the port sector and community that need to be engaged? Are
       there strategic partnerships that would be helpful to achieve shared goals in near-term?
    •   How can port's departments be institutionalized towards greater social responsibility and accountability?
       How can upcoming projects and plans be leveraged towards a new system of decision-making?
    •   How can community goals be achieved through upcoming projects, plans and strategic documents? Are
       there goals that might not be addressed and need pilot projects, programs and initiatives?
    •   What would be an effective timeline for community goals that reinforces port's good neighbor policy?
 Try It Out! Map out Your Strategic Plan
The worksheet below provides a template for organizing upcoming plans and projects based on timing, community
goals, stakeholders and other considerations. Use the table to walkthrough port-related decisions coming up in the
next 3 to 5 years and where possible link those decisions to related community goals and performance measures.
Explore different levels of engagement for each plan or project.
     Timeframe
Projects, Plans and
     Pilots
Community Goals
Performance
  Measure
Key Stakeholder
  Groups for
 Engagement
Level of Community
   Engagement

                                                          Section B Environmental Justice Primer for Ports

-------
Step 6. Act, Measure and Sustain Progress
This step enables you to maintain momentum from
the development of the Good Neighbor Strategic
Plan by collaborating with the community on a near-
term project, formalizing your Community Advisory
Group and tracking progress.This section describes
tips and resources for continuing to build strong local
relationships as you work with community partners to
move your Plan into action.


Collaborating on an early-win project

Engaging with the community on a near-term project
builds goodwill and deepens relationships before
tackling more challenging issues.The project could
be working with the community to address a priority
concern in an upcoming decision, or identifying grant
funding to implement a pilot program to address
broader concerns. If possible, identify a strong leadership
role with funding support for a central community
organization. For example, depending on the project and
the organization's capacities, the community organization
could lead local outreach, job training or monitoring.
Investing  in an early success with a community
organization  helps build a strong foundation for future
collaborative problem-solving.
CASE STUDY | Camden Waterfront South:
Education and Retrofit Grant

The Waterfront South neighborhood in Camden, New
Jersey, is located in an industrial area that includes two
urban ports. In 2006, EPA awarded $250,000 to the
non-profit Clean Air Communities to reduce community
exposures to pollution in Waterfront South.

The project used educational outreach to help
community groups understand local sources of air
pollution, including port operations, and developed
ways to further environmental health education in the
community. EPA provided technical  assistance and the
New Jersey Department of Environmental Protection
provided funding for retrofits of diesel vehicles and
equipment owned and operated by the South Jersey
Port Corporation. The project leveraged regulatory
agency resources to benefit both the ports and
community while improving air quality.

For more information: Clean Air Communities Camden
Waterfront Air Toxics Pilot Project
 Try It Out! Charter the CAG
Your port may have a longstanding Community Advisory
Group (CAG) in place, or you may have just begun to
bring stakeholders together as part of a recent project.
In either case, this is a good time to evaluate the CAG's
membership, role and effectiveness.

Circle back to your assessment findings from Steps 1 -3,
and consider the following questions to identify areas to
improve in your CAG charter:
 •   Does the CAG charter and process reflect the port's
    community engagement policy identified in Step
    1 ? What changes may be needed to empower the
    CAG to ensure community goals are thoroughly
    considered during decision-making?
 •   Does the CAG's membership include representatives
    from a range of community groups? Were community
    groups identified in Step 2 that could be invited to
   join? Does the membership have enough balance
    among government, business and community sectors
    so that near-port community voices feel heard?
 Does the CAG's charter outline clear roles for
 meaningful input during the decision-making
 process? Does the charter clearly state the expected
 level of engagement from the CAG? How will the
 CAG's input inform analysis, options and outcomes
 during decision-making? What role will the CAG play
 in broader community outreach and engagement
 efforts?
 Does the CAG's charter and organizational structure,
 such as sub-committees, reflect priority community
 goals identified in Step 3?

 Section B Environmental Justice Primer for Ports

-------
Community capacity building
Tracking progress
Some community groups, while invested in port-related
decisions, lack the resources to participate effectively. A
port may need to consider creative strategies to support
full and meaningful participation by these organizations.
These organizations may lack full-time paid staff or office
space, or face limitations on when and where staff can
attend meetings if they are volunteering on top of work
committments. Finding creative solutions that address
these logistical needs can allow community members to
participate more effectively.

Community groups may also benefit from technical
assistance to better understand the science and
engineering of proposed decisions and potential impacts.
Port agencies can pursue grants or other resources from
partner agencies to enhance technical understanding
so people can participate fully in discussions and offer
informed input. In some cases, community members
may be angry about cumulative impacts that have
affected their friends and family. Making time to listen
and document their concerns - even if they seem beyond
the scope of port decisions and responsibilities - may be
needed before being able to move into problem-solving
mode.
The Good Neighbor Strategic Plan should include
realistic timelines and performance measures that reflect
community needs and concerns. Identify in advance
a way to share regular progress updates such as an
annual report card.To build and maintain trust with the
community, the report card needs to be more than a
marketing tool - It should be an accurate assessment of
accomplishments and areas needing attention.

Performance measures to track progress in addressing
community goals can use quantitative and qualitative
indicators. Measures can include outputs that measure
direct port actions - such as the number of trucks
converted from using diesel fuel - as well as outcomes
that measure changes in environmental quality - such
as the measured reduction in particulate matter in an
adjacent neighborhood. Refer back to the goals and
performance measures identified in Step 3 and ensure a
plan is in place for tracking and reporting progress.

Performance measures can also evaluate the
effectiveness of community engagement processes. The
text box below includes sample assessment questions for
evaluation of community engagement impacts.
  Digging Deeper Exercise
  As you evaluate your community engagement effort
  often the process can be just as important as the
  outcomes. Reflect on these questions to assess to what
  degree your process achieved these goals.
   1. Incorporate public values into decisions.
     •  Did public input affect the analysis and options
        considered?
     •  Did public input affect the decision?
     •  What interests are at the table or being
        consulted?
   2. Improve the quality of decisions.
     •  Did the public provide quality information that
        improved the  debate and decision?
     •  Did the public provide creative problem solving?
     •  Did the public advance innovative solutions by
        reframing issues?
 3.  Resolve conflict among competing interests.
    •  Did the pubic process resolve competing
      interests?
    •  Was conflict avoided because certain issues
      were avoided or certain stakeholders were not
      at the table?
    •  Was conflict addressed through discussion or
      adapting the approach?
 4.  Increase government accountability.
    •  Was trust developed or nurtured within the
      community who participated?
    •  Was trust developed within the larger
      population?
 5.  Educate and inform the public.
    •  To what degree was the affected community
      aware of the range of options and potential
      impacts?
    •  Was adequate assistance provided to help the
      public understand the technical information?
                                                                                                       33
                                                         Section B Environmental Justice Primer for Ports

-------
This page left intentionally blank.

-------
           Append!
Environmental Justice Timeline
        Additional Resources
               References

-------
  Environmental Justice Timeline
  Timeline of the American environmental justice movement

  The timeline below includes landmark legislation and milestones related to the growth of the environmental justice
  movement:
   Year
   1964
   1969
   1970s
   1971
   1979
   1980
   1982
   1987
   1988-1990
Environmental Justice Legislation and Policy
Congress passes the Civil Rights Act of 1964.
Title VI of the Act prohibits recipients of federal
funds from using those funds to discriminate on
the basis of race, color and national origin.
Congress passes NEPA.
EPA created (1970).

Congress passes the Clean Air Act, the Clean
Water Act, the Lead-Based Paint Poisoning
Prevention Act, the Safe Drinking Water Act,
RCRA and the Toxic Substances Control Act.
The White House Council on Environmental
Quality acknowledges racial discrimination
that adversely affects the urban poor and local
quality of life.
Environmental Justice Events
Congress passed the Comprehensive
Environmental Response, Compensation, and
Liability Act (Superfund) and the Nuclear Waste
Pol icy Act.
 The California Rural Legal Assistance Foundation files a suit on behalf
 of six migrant farm workers, resulting in a ban on the use of the
 pesticide DDT.
 First civil rights suit - Bean v. Southwestern Waste Management Inc. -
 filed, challenging the siting of a waste facility in Houston.
 People for Community Recovery, a community-based environmental
 justice organization, is established on the south side of Chicago.
 The Southwest Organizing Project is established in Albuquerque,
 New Mexico. The Environmental Health Coalition is established in San
 Diego, California.

 A massive protest organized against the state government for its
 decision to site a hazardous waste landfill near an African-American
 community in Warren County, North Carolina. Considered a landmark
 event in the emergence of the environmental justice movement, it
 brought national attention to the issues of environmental racism and
 environmental inequity.
 The United Church of Christ Commission for Racial Justice publishes
 its Toxic Waste and Race in the United States report, which identifies
 race as the most statistically significant indicator of where hazardous
 waste sites are located.
 West Harlem Environmental Action (We ACT, aka We ACT for
 Environmental Justice) is established  in  New York City (1988).
                                                       Grassroots environmental justice leaders send letter to "Green Group"
                                                       leaders accusing them of environmental racism, as reflected in the
                                                       lack of racial diversity in their staffing, boards of directors, and policy
                                                       advocacy positions (1988 and 1990).
36
    Appendix Environmental Justice Primer for Ports

-------
1990$      Congress passes sign ifican t amend men ts to
           the Clean Air Act. Dr. Robert Bullard's book
           Dumping in Dixie is published (1990).
1991
1992
1994
President Clinton signs Executive Order
12898 - Federal Actions to Address
Environmental Justice In Minority and Low-
Income Populations. See Section 7.1 for more
information.

The Washington Office on Environmental
Justice (WOEJ) opens in Washington, D.C. Its
mission is to advance the policy interests of the
grassroots environmental justice movement in
the federal and national environmental policy
debate.
1996
1999-2000
The Indigenous Environmental Network, the Southwest Network for
Economic and Environmental Justice, the Asian Pacific Environmental
Network, the Northeast Environmental Justice Network and the
National Black Environmental Justice Network are established (1990s).

Environmental Justice Research and Advocacy Centers are
established atXavier University in New Orleans, Clark Atlanta
University in Atlanta, and Florida A&M University in Tallahassee, Florida
(1990s).
The first National  People of Color Environmental Leadership Summit
takes place in Washington, D.C. Summit delegates draft Principles of
Environmental Justice and vote to accept them.
The U.S.-based environmental justice movement reaches the global
stage. Three environmental justice leaders - Dianne Dillion Ridgley,
Don Edwards and Michael Dorsey-serve as members of the official
U.S. delegation and another eight U.S. EJ leaders attend as official
delegates to the United Nations Conference on Environment and
Development in Rio de Janiero, Brazil.

Dr. Robert Bullard and Reverend Benjamin Chavis selected as first-
ever environmental justice representatives on a presidential transition
team (for then-President-elect Clinton).
Detroiters Working for Environmental Justice is established in Detroit,
Michigan.
                                             The Labor Community Strategy Center in Los Angeles and their Bus
                                             Riders Union campaign successfully sue the Los Angeles Metropolitan
                                             Transportation Agency for violating Title VI of the Civil Rights Act of
                                             1964 in the funding of its intra-city surface bus system.
                                             The Ford Foundation establishes its first-ever environmental justice
                                             grant-making portfolio in its Assets and Community Building program
                                             (1999). The Foundation hires its first Environmental Justice Program
                                             Officer to direct this portfolio (2000).

                                             Environmental Justice Center established at the University of
                                             Michigan's School of Natural Resources and the Environment (2000).
                                             It offers the only Ph.D., Masters and Bachelor of Arts degrees in
                                             environmental justice in the nation.

                                             The Executive Order 13175: Consultation and  Coordination with
                                             Indian Tribal Governments passed in 2000 by President William J.
                                             Clinton.
                                                                                                                      37
                                                                 Appendix Environmental Justice Primer for Ports

-------
Additional  Resources
Additional resources

This section includes additional resources on the
following topics:
 •  Environmental justice-related laws and regulations
 •  Benefits of effective community engagement
 •  Stakeholders in collaborative decision-making
 •  Community assessment tools
 •  Performance measure resources

Environmental justice-related laws and regulations

Title VI of the Civil Rights Act

EPA's regulations that implement Title VI of the
Civil Rights Act of 1964 prohibit intentional racial
discrimination as well as any programs or policies that
have a discriminatory effect."A discriminatory effect
occurs when a program or policy does not expressly
discriminate on the basis of race but rather has a racially
discriminatory impact regardless of intent." All recipients
of federal funding, including port authorities, are subject
to the directives of Title VI (e.g., as recipients of TIGER and
FASTLANE grants).

Guidance on EJ considerations under NEPA

Following issuance of the Executive Order on
Environmental Justice, the White House Council on
Environmental Quality issued guidance to integrate
environmental justice considerations into federal
agencies'preparation of environmental impact
statements and environmental assessments for federally
sponsored projects under the National Environmental
Policy Act (NEPA) process.

Reference to 50 States EJ requirements: UC Hastings
School  of Law's report. Environmental Justice for All: A
Fifty State Survey of Legislation, Policies and Cases.

Tribal-related laws and regulation

Tribal sovereignty and indigenous treaty rights ensure
that any actions or decisions about federally recognized
tribes with regard to their lands, resources and citizens
are made only with their informed participation and
consent, and in accordance with laws established by
tribes to govern actions by their citizens and others
on their lands. In May 2010, EPA released its Policy on
Consultation and Coordination with Indian Tribes. In
July 2014, EPA issued its Policy on Environmental Justice
for Working with Federally Recognized Tribes and
Indigenous Peoples.

Treaty-rights and tribal lands context: http://www.narf.
orq/our-work/protection-tribal-natural-resources and
http://nwtreatytribes.org/about-us

Benefits of effective community engagement

According to The Community Engagement Guide for
Sustainable Communities, Policy Link, community
engagement is a process through which community
members are empowered to own the change they want
to see and involves communication, problem-solving,
governance, and decision-making skills and strategies.

The report summarizes some of the salient benefits of
engagement as:
 •  Legitimacy and increased support for plans and
   projects. With the substantive engagement of
   affected communities, developed plans will reflect
   legitimacy, community support, and incorporate
   equity outcomes. Legitimacy builds trust, political
   will, and ownership for effective implementation.
 •  Improved community/government relations.
   Community engagement can build trust between
   diverse stakeholders and help improve the quality
   of difficult discussions about racial disparities,
   economic conditions, and community development
   needs. By creating a multifaceted process built upon
   relationship building, trust, respect, and affirmation
   of community knowledge and power, more effective
   ways of dealing with difference will emerge.
 •  Deeper understanding of the issues. Regional
   housing plans will be stronger with the input of
   the people who are facing and addressing housing
   challenges. Regional economic opportunity plans will
   benefit by significant engagement of residents and
   organizations that have knowledge of the barriers
   to job access and experience in creating solutions to
   these challenges.
 •  Increase in  community capacity. A meaningful
   engagement strategy will improve capacity for
   problem solving. Engagement builds stronger
   networks across racial, ethnic, generational, gender,

 Appendix Environmental Justice Primer for Ports

-------
    and socioeconomic divides, an essential component
    to achieving equitable outcomes and leveraging
    additional resources, outside of public processes.
 •   Reduced long-term costs. Plans and development
    projects often end  up in litigation when lack of or
    poor community engagement has not effectively
    crafted consensus.  While conflicts may arise during
    planning (especially when there is a history of failed
    projects or unrealized promises), the community
    engagement process creates an environment of
    positive communication where creative and inclusive
    solutions can be found to resolve conflicts.
 •   Democracy in action. Community engagement  is, in
    many ways, a microcosm of our American democratic
    system of government. It is one of the best ways that
    community residents can connect to and shape local
    and regional decision-making processes.

The report on Strategies for meaningful engagement, by
FRESC recommends four simple steps to a more genuine
community engagement process:

 1.  Askyourself who's missing?

 2.  Make a targeted outreach plan

 3.  Go where people are

 4.  Make the process accessible AND meaningful

Stakeholders in collaborative decision-making
Collaborative decision-making  is when two or more
people work together toward a common goal and
commit to reach the best solution based on their values,
personal skills and expertise. Collaborative decision-
making starts with the  premise that involving all
affected parties will result in a higher-quality decision.
A successful collaborative decision-making process  will
involve appropriate stakeholders from the following four
groups.
People with formal power to make a decision
The first stakeholder group is "those who are authorized
to make final and binding decisions" [Straus 2002].
In other words, these people should be involved so
that your efforts aren't wasted in reaching a decision
just to find in the end that the solution will not pass
approval. The inclusion of these people will empower the
collaborative effort.The more you involve them, the more
chances your decision will be approved.
People with the power to block
The second stakeholder group is people who "are not
formal decision makers, but can block or severely delay
the implementation of a decision" [Straus 2002]. Those
people are either members of an organized union or
interest group, or working within the organization
effected by the decision.
People affected by the decision
The third stakeholder group is any group or party that is
affected by a decision. The more input by those who are
affected, the more well-received the final decision will
be. The more affected a group is by a decision, the more
involved they should be in the decision-making process.
People with relevant information or expertise
The last stakeholder group involves experts and
consultants."In a collaborative process, the quality
of the decision is dependent on the quality of the
expertise within the stakeholder group" [Straus 2002].
Implementing a decision not only affects the people
who are tasked with carrying out the decision, but also
can affect the stakeholders who are making the decision.
Therefore, it is necessary most of the time to bring in
outside experts for input on both content and process.

Post-Panamax Shipping

The expansion of the Panama Canal to accommodate
larger ocean-going vessels, called post-Panamax ships,
was completed in 2016. By 2030, post-Panamax vessels
are projected to make up 62 percent of total container
ship capacity.This will require massive investments in
infrastructure from U.S. ports.To receive these vessels,
ports must invest in infrastructure such as dredging,
channel deepening and widening, and shore-side
infrastructure to support these vessels.This can impact
near-port communities in a variety of ways including
new jobs created by port upgrades, competing land uses
as ports expand and environmental impacts related to
construction and dredging.
                                                                                                        39
                                                          Appendix Environmental Justice Primer for Ports

-------
Additional  Resources
Social equity

The following resources provide guidance and case
studies of application of social equity and environmental
justice principles to community revitalization and public
engagement.
 •   Environmental Justice, Urban Revitalization, and
    Brownfields: The Search for Authentic Signs of Hope
 •   Unintended Impacts of Redevelopment and
    Revitalization Efforts in Five Environmental Justice
    Communities
 •   The Model Plan for Public Participation
 •   Addressing Community Concern: How Environmental
    Justice Relates to Land Use Planning and Zoning
 •   Fair and Healthy Land Use: Environmental Justice and
    Planning
 •   Creating Equitable, Healthy, and Sustainable
    Communities: Strategies for Advancing Smart Growth,
    Environmental Justice, and Equitable Development

 Appendix Environmental Justice Primer for Ports

-------
                            Notes
Appendix Environmental Justice Primer for Ports
                                     41

-------
  Additional Resources
   Community Assessment
   Tool
Description and Application
   Tools for Assessing Health Impacts
   Community-Focused      A cumulative risk assessment tool for
   Exposure and Risk        community mapping and information access
   Screening Tool (C-FERST)   to help inform community assessments and
                           decision-making.
   Tribal-Focused
   Environmental Risk
   and SustainabilityTool
   (T-FERST)
   C-PORT: A Community-
   Scale Near-Source Air
   Quality System to Assess
   Port-Related Air Quality
   Impacts

   Eco-Health Relationship
   Browser
   EPA Research: Methods,
   Models, Tools, and
   Databases

   Tools for Health
   Professional Shortage
   Areas and Medically
   Underserved Areas (U.S.
   Department of Health
   and Human Services)

   Subsistence Exposure
   Scenarios for Tribal
   Applications,
   Exposure Scenario for
   CTUIR
   Traditional Subsistence
   Lifewavs
A web-based information and mapping tool
designed to provide tribes with easy access to
human health and ecological science. Users
follow a tribal roadmap for identifying priority
issues, compiling data, addressing risks, and
assessing impacts of actions taken.

C-PORT model can be used to examine different
scenarios of air quality impacts in order to
identify potentially at-risk populations located
near emission sources, and the effects that port
expansion may have on them.

An interactive tool that illustrates scientific
evidence for linkages between human health
and ecosystem services.

Methods, Models, Tools, and Databases for Air,
Climate Change, Ecosystems, Water, Health, Land
and Waste Management.

To determine Health Professional Shortage
Areas (HPSAs), and Medically Underserved
Areas/Populations (MUAs) designated by Health
Resources and Services Administration (HRSA)
Methods that can be used to develop exposure
scenarios for unique tribal natural resource
usage patterns.
Capability
Community-based tool. Users could include
federal, state, or local agencies working with
community partners, community leaders and
members, and individuals in the general public
(currently available to public)

Web-based geospatial decision support tool
(currently available to public)
Training in scientific research and application
(currently available to public)
Training in scientific research and application
Varies from complex to user-friendly
User-friendly online data tool
Training in research and application
42
    Appendix Environmental Justice Primer for Ports

-------
Community Assessment
Tool
Description and Application
Tools for Assessing Exposure to Hazards
EJSCREEN (EPA)
EnviroAtlas (EPA)
USDA's Food Desert
Locator


EPA Expo-Box-Tools
Climate Resilience
Evaluation and
Awareness Tool (GREAT)
NOAA's Digital Coast
Tools
 •   Coastal Flood
    Exposure Mapper
 •   Coastal County
    Snapshots
 •   Hazards U.S. Multi-
    Hazard
                                             Capability
                                             User-friendly web-based mapping tool
                                             User-friendly web-based mapping tool
EJSCREEN allows users to access environmental
and demographic information for locations in
the United States, and compare those to the
rest of the state, EPA region, or the nation. It
may help users to identify minority and/or low-
income populations, potential environmental
quality issues or a combination of environmental
and demographic indicators that is greater than
usual.

Interactive tools and resources for exploring
the benefits people receive from nature or
"ecosystem goods and services. The Eco-Health
Relationship browser is an interactive literature
review resource provided as part of EnviroAtlas.
Spatial overview of food access indicators for
low-income and other census tracts using
different measures of supermarket accessibility.

EPA Expo-Box is a collection of exposure
assessment tools that links to exposure
assessment guidance, databases, models, key
references, and related resources. The toolbox is
organized into 6Tool Sets including Approaches,
Media (air, water and sediment, soil and dust,
etc.), Routes, Tiers and Types, Life-stages and
Populations, Chemical Classes.
An open-source version of the Nonpoint Source
Pollution and Erosion Comparison Tool is used
to investigate potential water quality impacts
from climate change and development to other
land uses. The downloadable tool is designed to
be broadly applicable for coastal and noncoastal
areas alike. Tool functions simulate erosion,
pollution, and the accumulation from overland
flow.
Exposure to hazards for near-coast communities   User-friendly web-based mapping tool
                                             User-friendly web-based mapping tool
                                             User-friendly web- based assessment
                                             and research tool. Available to EPA, other
                                             government entities, and the wider public
                                             (currently available to public).
                                             Requires MapWindowGIS v.4.8.8 (open source
                                             software)
                                                                                                                 43
                                                              Appendix Environmental Justice Primer for Ports

-------
  Additional Resources
   Community Assessment
   Tool
Description and Application
   Tools for Assessing Exposure to Hazards
   NOAA'SQpenNSPECT
An open-source version of the Nonpoint Source
Pollution and Erosion Comparison Too I is used
to investigate potential water quality impacts
from climate change and development to other
land uses. The downloadable tool is designed to
be broadly applicable for coastal and noncoastal
areas alike. Tool functions simulate erosion,
pollution, and the accumulation from overland
flow.
Capability
Requires MapWindowGIS v.4.8.8 (open source
software)
   Tools for Assessing Socioeconomic Data
   US Census Bureau        Census data on demographics
   NOAA's Digital Coast
   Tools
    •   NACo County
                                         User-friendly web-based data and mapping tool

Demographic profile of near-coast communities  User-friendly web-based data and mapping tool
       OnTheMap
       Quick Report Tool
       for Socioeconomic
       Data
44
   Appendix Environmental Justice Primer for Ports

-------
                                                                                           References
Section A

Introduction
1. Willard, Bob. 2012.TheNewSustainability Advantage, Seven
Business Case Benefits of a Triple Bottom Line. pp. 2-6. Gabriola

Defining Environmental Justice
1. Natural Resources Defense Council. 2016.The Environmental
Justice Movement. Retrieved from https://www.nrdc.org/
stories/environmental-iustice-movement
2. United States Environmental Protection Agency. 2016.
About Smart Growth. Retrieved from https://www.epa.gov/
smartgrowth/about-smart-growth
3. United States Environmental Protection Agency. 2015.
Environmental Justice. Retrieved from https://www.epa.gov/
environmentaliustice
4. University of Washington. 2016. Definitions of Environmental
Justice. Retrieved from http://deohs.washington.edu/
environmental-iustice#defEJ
5. University of Washington. 2016. Definitions of Environmental
Justice. Retrieved from http://deohs.washington.edu/
environmental-iustice#defEJ
6. Beder, Sharon. 1996. The Nature of Sustainable Development,
2nd edition. Retrieved from http://www.uow.edu.au/~sharonb/
STS300/equity/meaning/index.html
7. Urban Sustainability Director's Network, 2014. Equity in
Sustainability: An Equity Scan of Local Government Equity
Programs. Retrieved from: http://usdn.org/uploads/cms/
documents/usdn equity scan sept 2014 final.pdf
8.  United States Environmental Protection Agency. 2016.
Equitable Development and Environmental Justice, https://
www.epa.gov/environmentaliustice/equitable-development-
and-environmental-iustice
9. United States Environmental Protection Agency. 2016.
About Smart Growth. Retrieved from https://www.epa.gov/
smartgrowth/about-smart-growth
10. United States Environmental  Protection Agency. 2016. EPA's
Report on the Environment. Retrieved from https://cfpub.epa.
gov/roe/chapter/sustain/index.cfm
11. United States Environmental  Protection Agency. 2016.
Smart Growth. Retrieved from https://www.epa.gov/
smartgrowth

Impacts of Port Operations and Goods Movement
1. Native American Rights Fund. 2016. Protect Tribal Natural
Resources, http://www.narf.org/our-work/protection-tribal-
natural-resources
2. Natural Resources Defense Council. 2004. Harboring
Pollution: Strategies to Clean Up U.S. Ports, pp. 1-10. Retrieved
from http://www.nrdc.org/air/pollution/ports/contents.asp.

Considering Near-Port Communities in Port Decisions
1. United States Senate. 1969. Summary of the National
Environmental Policy Act. Retrieved from http://www.senate.
gov/index.htm
2. United States Environmental Protection Agency. 2016.
Promising Practices for EJ Methodologies in NEPA. Retrieved
from https://www.epa.gov/environmentaliustice/ei-iwg-
promising-practices-ei-methodologies-nepa-reviews

Effective Community Engagement Methods
1. International Association of Public Participation. 2007. IAP2
Spectrum of Public Participation. Retrieved from http://c.
vmcdn.com/sites/www.iap2.org/resource/resmgr/imported/
IAP2%20Spectrum vertical.pdf

Collaborative Problem Solving
1. This section adapted from EPA Environmental Justice
Collaborative Problem Solving Model.
2. Partnership for working families, http://www.
forworkingfamilies.org/campaigns/CBA
3. United States Environmental Protection Agency. 2011.
Environmental Justice Collaborative Problem-Solving  (CPS)
Model. Retrieved from https://www.epa.gov/sites/production/
files/2015-04/documents/eiproblemcollaborativesolvingmodel.
pdf
4. Ansell, Chris and Gash, Alison. 2007. Collaborative
Governance in Theory and Practice. Retrieved from http://sites.
duke.edu/niou/files/2011/05/Ansell-and-Gash-Collaborative-
Governance-in-Theorv-and-Practice.pdf
5. The Asset Based Community Development Institute. 2013. A
Basic Guide to ABCD Community Organizing. Retrieved from
http://www.abcdinstitute.org/publications/index.html

Planning and Decision-Making Tools
1. Community-Campus Partnerships for Health. 2013.
Community-Based Participatory Research. Retrieved from:

http://depts.washington.edu/ccph/commbas.html

Section B
Step 3: Identify Community Concerns and Goals
1. Collaborative Technologies Wiki (2010). Collaborative
Decision Making Tools and Techniques. Retrieved from http://
pm440.pbworks.eom/w/page/25414197/Collaborative%20
Decision%20Makinq%20Tools%20and%20Technique
                                                                                                                 45
                                                               Appendix Environmental Justice Primer for Ports

-------

-------