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 Equityinclusive, accessible, authentic engagement and representation in decision-making processes regarding programs and policies. Distributional Equityprograms and policies result in fair distributions of benefits and burdens across all segments of a community, prioritizing those with highest need. Structural Equitydecisions are made with a recognition of historical, cultural, and institutional dynamics and structures that have routinely advantaged privileged groups in society. Transgenerational Equitydecisions 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 ------- ------- |