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-B-20-007
March 2020
For more information: www.epa.gov/ports-initiative
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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 39
References 45
Acknowledgements
The Ports Primer and Community Action Roadmap have been developed by
the Environmental Protection Agency's Office ofTransportation 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.
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.
Additional Educational
Resources
As a result of the pilot
projects, new tools have been
developed that are part of the
Port and Near-Port Community
Capacity-Building Toolkit
being hosted on EPA's Office of
Transportation and Air Quality
website. Click here to explore
the new tools!
Environmental Justice Primer for Ports
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Introduction
Community Action Roadmap
EiVOattv*] Mur-pe/r Ctiwr>.' -[«
&EPA
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). It is intended to help port decision-makers better
understand the needs of near-port communities, 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 port 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. While this guide is focused on ports, it
could also be used for other goods movement activities
and sectors.
Figure 1: Ports Primer for Communities
Figure 2: Community Action Roadmap
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.
Ports play an important role in sustaining local, regional
and national economies. Port operations and associated
travel and freight transport activities also 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 Environmental Justice 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
Environmental Justice Primer for Ports
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Section A: The Environmental Justice
Primer for Ports
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Defining Environmental Justice
Origins of the Environmental Justice movement
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.2 EPA acknowledges,"these communities face
an array of challenges, including proximity to polluting
facilities, barriers to participating in decision-making
processes, disproportionately high levels of chronic
disease, neighborhood disinvestment, and poor or no
access to jobs and services."3
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.
What is 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."4
The EPA definition was developed 25 years ago to capture
the federal government's knowledge of the issue at
that time and to provide an actionable definition for
regulation. The environmental justice field has developed
its own definitions based on people's work and life
circumstances.These definitions, which capture 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.5
Bunyan Bryant
4
Section A Environmental Justice Primer for Ports
Selected Principles of Environmental Justice
from the First National People of Color
Environmental Leadership Summit, 1991
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.
There are 17 environmental justice principles that were
adopted at the Summit.6
Environmental Justice 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. Environmental Justice emphasizes
accountability, democratic practices, equitable
treatment and self-determination...1
Asian Pacific Environmental Network
Both public- and private-sector organizations are
adopting environmental justice policies to ensure their
plans, projects and operations 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
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the private sector, many 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
responsibility and sustainability plans.
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
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 help advance environmental
justice.
In the last few decades, the fields of urban planning and
public policy have evolved rapidly to begin addressing
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.
Social equity
Equity [...] 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.u
EPA offers the following working definitions for these
equitable planning approaches:
Equitable Development
Equitable development is an approach for meeting
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 place-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.10
Sustainable communities grow in ways that expand
economic opportunity, protect public health and the
environment, and create and enhance the places
that people love."
Equity can be considered within the following four
categories:13
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
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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 on near-port communities that ports agencies
can begin to remedy through more equitable decision-
making over time.
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.
Air pollution
The emissions from goods movement through trucks,
marine vessels, trains, cargo handling equipment as
well as from stationary sources such as refineries, oil and
gas storage facilities, power generation and storage of
open coal piles found near port facilities can introduce
many air pollutants with the potential to severely impact
the health of near-port communities. Exposure to air
pollution associated with emissions from diesel engines
can contribute to significant health problemsincluding
premature mortality, increased hospital admissions
for heart and lung disease, increased cancer risk,
and increased respiratory symptomsespecially for
children, the elderly, outdoor workers and other sensitive
populations.14
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
operations can include hearing impairment, high blood
pressure and sleep deprivation.15
Common Ports-Related Community Interests
Land Use and Transportation Planning
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
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
recreation spaces. Industrial features in near-port areas
mean that near-port neighborhoods often lack adequate
sidewalks, street trees, safe intersection crossings and
other basic infrastructure.
6
Section A Environmental Justice Primer for Ports
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Inequitable distribution of benefits and
burdens
The disproportionate impacts that may be experienced
by these communities can be 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 and can also be
exacerbated by long-term disinvestment and challenging
socioeconomic conditions. For example, Figure 4 shows
that residents of near-port communities in Savannah,
Georgia, and Houston, Texas, are predominately people of
color and predominantly have below median household
incomes. These communities often lack access to the
time, resources, technical knowledge and political capital
needed to address issues of concern.
It can be helpful for ports
and port-related industries to
maintain a focus on general
disproportionality and equity
objectives as it can be difficult
to isolate the impacts of one
source from another (e.g., air
quality impacts from idling ships
versus air quality impacts from
surrounding transportation
infrastructure).The impacts
from these various sources
can be disproportionately
high in these communities.
This strategy can help ports
and near-port communities
quickly begin meaningful
engagement by acknowledging
the disproportionate impacts
and focusing on how they can
provide solutions within their
control and influence.
Figure 4: Near-port communities are most often low income communities of color and suffer
disproportionate impacts from port operations. These charts demonstrate the demographics of the
communities within 2 miles of the Port of Houston and the Port of Savannah. (Source: EPA, Ports
Primer for Communities, Section 4.1)
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Section A Environmental Justice Primer for Ports
West Oakland
Resident Air
Pollution
Exposure
Mediating Factors
Income
Community stressors
Health care access
Health Effects
Premature mortality
Asthma
Bronchitis
Loss of work
productivity
Cancer
Mediating Factors
Distance
Engine characteristics
Pollution control
Speed
Meteorology
Housing quality
Area Sources of Air
Pollution
Port operations
Freight truck traffic
Train traffic
Vehicle traffic/
freeways
Area industries
Construction
Off shore vessels
Figure 3: Air pollution. Figure 3 illustrates how stressors from air
pollution and socio-economic factors can create cumulative impacts
on near-port communities. Source: Health Impact Assessment for Port
of Oakland (University of California, Berkeley)
Population Within 2 Miles of
the Port of Sava nnah
Caticayari
Us
Census Tracts Within 2 Miles of the
Port of Savannah
Above
median
h
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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. The
process 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 American democracy in action. 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 with legal obligations. Extreme
weather events and climate change threaten both
ports and near-port communities, requiring adaptation
to increase resilience to these events. Port 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
Existing conditions assessments can help ports and
near-port communities establish shared understanding
about conditions in near-port neighborhoods.This shared
understanding can lead to more positive community
engagement over the long term. Topics that could be
covered in an existing conditions assessment include:
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.
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Section A Environmental Justice Primer for Ports
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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 and dredged or
fill material permitting processes. In addition to public
participation, the National Environmental Policy Act
(NEPA) and Executive Order 12898 require consideration
of impacts to nearby communities, and Executive Order
13175 requires that agencies must consult with tribes on
all actions that could impact tribal communities. State
and local regulatory requirements should be considered
as well.
National Environmental Policy Act
NEPA requires the evaluation of environmental impacts
for major federal action, including issuing federal permits,
typically resulting in an Environmental Assessment or an
Environmental Impact Statement (EIS). Some parts of the
NEPA process require agencies to provide meaningful
opportunities for public participation.
Key stages in the process include:16
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.17
Methods used by agencies to engage communities
in scoping and development for EISs 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.18
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 environmental justice
analysis as part of a NEPA review. Further, Title VI of the
Civil Rights Act of 1964 requires that recipients of federal
funding (including BUILD [formerly known as TIGER] and
Diesel Emissions Reduction Act [DERA]) not use those
funds in a way that discriminates against protected
groups as defined by the Civil Rights Act. The Civil Rights
Act "prohibits discrimination on the basis of race, color,
and national origin in programs and activities receiving
federal financial assistance." In addition, Executive Order
12898 requires federal agencies to develop strategies to
address environmental justice. EPA's strategy includes an
overarching effort to instill a culture among all federal
agencies in which environmental justice is a priority by
incorporating EJ language in applicable external funding
opportunities.This cultural change is reflected in some
federal grants, such as DERA, in prioritizing funding to
areas that experience disproportionate adverse impacts.
Tribal Rights and Executive Order 13175
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. Executive Order 13175
protects the sovereignty and right to self-determination
of 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
Section A Environmental Justice Primer for Ports
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Considering Near-Port Communities in Port Decisions
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 and fishing and cultural practices.
While part of the environmental justice community, tribal
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, historic and archaeological resources,
and the health of the plant and animal species found
in treaty-protected areas. Tribes may have additional
considerations than other populations 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 may 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 may
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.
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.
Increased resilience and innovation
The need for community engagement goes beyond
meeting regulatory requirements and risk management.
The port industry sector is currently working on diverse
priorities, ranging from infrastructure upgrades for
post-Panamax shipping (the Appendix provides 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 and 3). 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.
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Section A Environmental Justice Primer for Ports
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According to the National Cooperative Freight Research
Program 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.19
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 Bay 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.
CASE STUDY 31 The Harbor Community Benefit
Foundation (Los Angeles)
The Harbor Community Benefit Foundation (HCBF) was
founded in 2008 based on an agreement the Port of LA
entered into with 17 environmental and community
groups. As the port grows, so does the fund. The money
is invested and grants are made from the interest.
FIBCF's mission is to "assess, protect, and improve
the health, quality of life, aesthetics, and physical
environment of the harbor communities of San Pedro
and Wilmington, California, which have been impacted
by the Port of Los Angeles/'Grant focus areas include an
air quality mitigation program and a community benefit
program. As of 2019, HCBF has invested $6.3 million
back into the Los Angeles community through 124
grants to 71 recipients.
For more information, including documentation on how
the foundation is structured, see https://hcbf.org/about.
Ports, as integral parts of freight supply chains, will be
expected to respond to this changing landscape within
the transportation industry and enable their customers to
reduce environmental and social impacts in order to stay
competitive.
The table below shares examples of the collaborative
decision-making opportunities that can emerge when
ports and community partners come together.
Port Industry Challenges
Potential Opportunities
Ports Benefits
Community Benefits
Infrastructure upgrades and
expansions to accommodate
post-Panamax ships.
Transportation congestion.
Container management.
Workforce development.
Impact of national and
international economic
trends.
Environmental sustainability.
Climate adaptation and
resiliency planning.
Land use planning and
smart growth through
port-community
collaboration.
Creating jobs and
training workforce from
near-port communities.
Shared planning
for resiliency and
sustainability.
Reduced congestion and
infrastructure upgrades.
Employment-ready workforce.
Adoption of clean/renewable
energy and resource
efficiency from sustainable
operations model, resiliency
from climate impacts.
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.
Healthy, livable and more
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
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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 inform decision outcomes.
Creating a permanent Community Advisory Committee
is an effective method for keeping a community well
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 their 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
Local Unions: organizations representing workers at
the port, goods movement industries and other groups.
Tribes: tribes have unique rights as sovereign nations.
Government Stakeholders: local, regional and federal
government entities with port and community
responsibilities
Local Educational Institutions: local universities,
colleges, schools and minority serving institutions
(historically black colleges and universities, tribal
universities and Hispanic serving institutions)
Local Environmental Groups: environmental and/or
environmental justice advocacy groups
Internal Port Stakeholders: port authority or agency
departments
Port-Sector Stakeholders: port tenants, nearby
industrial facilities and the goods-movement sector
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
12
Section A Environmental Justice Primer for Ports
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 aware of tribal rights and issues.
Source: The Community Engagement Guide for Sustainable
Communities, Policy Link
in planning and decision-making.The Resources
section in the Appendix includes more information on
the benefits 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
proficiency, 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. Providing
enhanced opportunities for community involvement
in permitting decisions has been an effective way for
industry sources to build positive relationships with
neighboring environmental justice communities. 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.
-------
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
2).20 Increased levels of engagement can lead to decisions with more public support, increased trust between
stakeholders and more sustainable outcomes.
The appropriate level of community engagement can vary depending on specific outreach goals, timing, location,
community culture and access to technology. It is important for decision-makers and institutions to be transparent
with community members about the level of influence their feedback will have on a decision. In instances where
the level of engagement is lower than the community would prefer, it is critical to be fully transparent about what is
possible and why. Ideally, decision-makers and institutions should aim for the highest level of engagement possible
- in some instances, this may mean forging new decision-making processes and structures to support higher levels
of engagement than have been attempted in the past.Table 2 outlines IAP2 levels of engagement illustrated with
example actions and considerations for selection.
Level of Engagement Example Actions
INFORM
Build community
support.
CONSULT
Invite feedback
on proposed
port projects and
policies.
INVOLVE
Develop port-
community
collaborations.
COLLABORATE
Build
partnerships to
mitigate port
impacts.
EMPOWER
Designate citizen
representatives.
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 to
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.
Provide job training and employment
opportunities to individuals from the community.
Provide 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 Group 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
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Collaborative Problem-Solving
Environmental Justice Collaborative Problem-Solving
Model
The Environmental Justice Collaborative Problem-Solving
Model 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."21 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 neutral third-partyfacilitator 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
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.
Use facilitators or mediators to assist in the
communication and negotiation process.
Identify, nurture and promote win/win scenarios
and mutual gains.
Use alternative dispute resolution techniques to
resolve crystalized disputes.
occur, the stakeholders can jointly choose to use an
expert or team of experts to conduct neutral fact-finding.
Community Benefits Agreements
A Community Benefits Agreement (CBA) is an agreement
between developers, public and private entities, and
community-based organizations to address concerns or
harms. 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, and commitments to
sustainable construction practices.
CBAs 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.
A port and community entering into a job training and
labor agreement that pertains to a new development
project proposed by the port is an example of a CBA.
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.
14
Section A Environmental Justice Primer for Ports
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The key steps in developing effective CBAs include:22
Conduct a 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 capacities to sustain partnerships
and investments:
» Cross-cultural relationships.
» Collaborative problem-solving.
» Targeted technical assistance.
Monitor outcomes.
Tools
Environmental Justice
Collaborative Problem-
Solving (CPS) Model:23
Systematic community-based
approach for stakeholders
to achieve lasting solutions
for local environmental and
public health issues and
concerns.
Collaborative Governance:24
Public and private
Figure 5: EPA's Environmental
Justice Collaborative Problem
Solving (CPS) Model
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 CARE
model, which is summarized in Table 3.
Working Effectively with Tribal Governments:
This tool provides an understanding of the unique
status of tribes, their historical relationship with the
federal government, and how it affects government
programs, responsibilities and initiatives.
Asset-Based Community Development (ABCD):25
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.
Stage in the CARE Process
The community, in partnership with EPA, creates
a collaborative problem-solving stakeholder
group representing community stakeholders.
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 Community 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 stakeholder 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
15
Section A Environmental Justice Primer for Ports
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Planning and Decision-Making Tools
16
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
Resources section in the Appendix includes a range of
assessment tools to explore.
Environmental Impact Assessments (ElAs): evaluation
of the likely environmental impacts of a proposed
project or development, taking into account
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.
Human Health Risk Assessments (HHRA): a process to
estimate the nature and probability of adverse health
effects in humans who may be exposed to chemicals
in contaminated environmental media, now or in the
future.
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
HfP_
Figure 6: Community
Participation in Health
Impact Assessments report
value of authentic community engagement in HIA
practice.
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
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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
Strategic plans and project action plans can include
periodic monitoring and assessment timelines.
Measuring indicators of performance can help assess
progress toward port and community goals. When
identifying what to monitor and report, consider
employing citizen science (also known as community
science and 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. Prioritizing social
media communications can help
reach individuals with limited
desktop computer access or
people with limited ability to
comment at in-person meetings.
Annual Progress Reports
(APRs): track progress on
individual goals, action plans
or all performance indicators
comprehensively.The Port
of Long Beach's APR shares
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.
Citizen Science and Community-based
Participatory Research
Citizen science (also known as community science)
can empower communities to better understand
local environmental conditions, 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. Community members
can participate in or lead research efforts both by
analyzing existing data and by 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, CBPR 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."26 For
example, EPA's Air SensorToolboxfor Citizen Scientists
provides information and guidance on new low-cost
compact technologies for measuring air quality.
Web updates and social media announcements:
share regular updates, request feedback and build
relationships.
Programs and events: ongoing activities provide
opportunities for education, building awareness
and problem-solving focused on shared port and
community issues.
Figure 8: Annual Progress
Report, Water Resource
Action Plan, Port of Long
Beach
CASE STUDY 41 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 identified 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 Oregon
Department of Environmental Quality, three neighborhood associations, and two outside experts on toxic health and
environmental issue 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.
17
Section A Environmental Justice Primer for Ports
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How Are Ports Engaging Communities?
Policies, programs, initiatives, partnerships and agreements
The following examples represent a variety of ways that ports have engaged with near-port communities:
Port of Oakland, CA Port of Bellingham, WA
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.
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 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.
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.
Port of Seattle, WA
The port offers boat tours of
area waterways to help people
understand its mission, operations
and environmental initiatives.The
boat tours, since 2017 after the port's
participation in EPA's Environmental
Justice Capacity Building Project,
are designed for English, Spanish,
Cambodian and Vietnamese speakers
and feature information presented in
plain language with technical details
available if desired. Additionally, the
port has recently created an Equity
Department, and the Duwamish Vallev
Community Equity Program.
Port of Portland, Oregon
The port's comprehensive
Environmental Policy combines natural
resource, community and stakeholder
relations, performance monitoring and
evaluation requirements.
The port's environmental efforts focus
on air quality, energy management,
land quality, natural and water
resources.They also have several
community engagement advisory
committee activities.
Port of Houston Authority
The Port Authority is the first U.S.
port to attain the world standard for
environmental excellence. ISO 14001. In
2017, the port adopted an environmental
policy to: protect and preserve the natural
environment including complying with
laws and regulations, conduct business
to prevent pollution and sustainability,
engage with stakeholders, be a leader in
environmental stewardship, and continually
improve environmental performance.
The port approved a community
engagement plan in 2015 that provides
a framework for effectively engaging and
supporting communities while efficiently
leveraging and optimally utilizing
resources.
Port of Los Angeles, CA
The port-wide Project Labor
Agreement fPLA) is a ten-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.
18
Section A Environmental Justice Primer for Ports
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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 Good Neighbor
Roadmap. These scenarios are only two of many situational dynamics that the 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
Mark"no,""some"
or"yes"
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 Roadmap 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?
Section B Environmental Justice Primer for Ports
-------
Steps in the Good Neighbor Roadmap Process
r
&| Step 1: Assess Your Community
ss 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
L
Step 2: Build Relationships.
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 5: Develop a Good
Neighbor Roadmap.
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 three-to-five years.
<££=> 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
responsibilities.
Step 4: Identify Levers for
Change.
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.
21
Section B Environmental Justice Primer for Ports
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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, ports 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. It can also be accomplished at
the department level, by 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
Potential Gaps
Areas for Further Refinement
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?
Does your port participate in the region's
metropolitan planning organization and
incorporate projects and plans into the
communities' broader vision for the regional
transportation system?
22
Section B Environmental Justice Primer for Ports
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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." Port ofBellingham
"The Port of Houston Authority facilitates
commerce, navigation, and safe waterways
promoting sustainable trade and generating
economic development...while being a model
environmental 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 international Association
for Public Participation (IAP2) levels of engagement
examples outlined inTable 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
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Step 2. Build Relationships
Building strong relationships with community members and other diverse 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. Ports can
be a driver of change by serving as a coordinator. While ports only directly cause some of the impacts experienced
by near-port communities, they can bring other stakeholders to the table to build a more effective, collaborative
approach to addressing these impacts.
Try It Out! Identify Key Stakeholders by Group
Identify community groups using the table below. Use this list 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.
Stakeholder Groups
Community Resident Groups
Community-Based Partners
Local Unions
Tribes
Local Educational Institutions
Environmental Groups
Government Stakeholders
Internal Port Stakeholders
Port-Sector Stakeholders
Local Businesses
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 and 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.
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Section B Environmental Justice Primer for Ports
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?
-------
Know Your Community
As you build relationships and conduct outreach, try
to gain an understanding of: (a) community assets and
liabilities; (b) community challenges, including health,
employment, education and quality-of-life concerns;
and (c) community aspirations and goals. Tips include:
Build relationships with key community decision
makers. See how you can help them and what the
community needs.
Be open to the possibility that community members
want to collaborate with you and have valid
concerns that need to be addressed.
Research what else is going on in the community.
Understanding current events will help you
communicate in an informed manner and build
relationships. It may also spark new ideas about
ways that you can offer resources and assistance.
Consider the benefits of paying community
representatives for their time consulting with you
about the community's needs. Compensation is a
sign of respect for their time and knowledge.
COMMUNITY OUTREACH EXAMPLE
Port of Bellingham, Washington
The Port of Bellingham 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 newsletters.
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
Stakeholder Interests
Current Level of Engagement
Which Interests Need More
Engagement?
Community Resident Groups
Community-Based Partners
Local Unions
Tribes
Local Educational Institutions
Environmental Groups
Government Stakeholders
Internal Port Stakeholders
Port-Sector Stakeholders
Local Businesses
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Section B Environmental Justice Primer for Ports
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oQq 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 beyond
the port's authority. Inviting the community to a discussion of priority
community concerns outside a decision-making process can take the pressure
off a single plan or project to address all of 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? It is important during the relationship-building phase to
honor the community's concerns as true for them, even if they differ from
the port's current understanding of conditions. Then, undertaking joint
research between port owners/operators and community stakeholders can be fruitful in building trust and identifying
solutions.
Set goals. Translate each concern into a goal. For example: improved air quality with a focus on reducing air pollution
that directly impacts sensitive populations such as children.
Identify opportunities and barriers to achieving goals. Barriers can be within the community or outside the
community. What resources can be leveraged to overcome barriers?
Prioritize for action. Number the concerns and goals in order of importance. Ask the community,"if we could make
only one change this year, what would it be?"
Community Concerns
Detailed Description
Impacts
Community Goal
Priority
Community Concerns
Checklist
~
Noise
~
Water traffic/road traffic
~
Smells/odors
~
Air quality
~
Human health
~
Pedestrian safety
~
Trash
~
Abandoned lots
~
Brownfield sites
~
Polluted waters
~
Access to open space
~
Light pollution
~
Idling trucks
~
Freight trains
~
Access to/protection of
treaty-protected areas
~
Other
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Section B Environmental Justice Primer for Ports
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Collaborative Problem-Solving to Develop
Shared Goals
When there is a significant gap between the goals of the
near-port community and those of the port, a polarized
stalemate can result. 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 to explore solutions
to an issue that provide 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:27
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 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
neutral third-party 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
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Section B Environmental Justice Primer for Ports
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W 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 address 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 the
level of engagement by the community?
How do these expectations differ from the
community's expectations?
What would it take to get to the next level of
engagement?
How can upcoming projects be leveraged to assist
the near-port community?
Upcoming Projects and Plans
Potential Negative Impacts on
Near-Port Communities
Potential Positive Impacts on
Near-Port Communities
Specific Community Goals to
Consider
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Section B Environmental Justice Primer for Ports
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Try It Out! Align Community Goals with Ports Projects
Use a table such as the one below to identify projects with the most potential to address community goals and
priorities. Consider which projects 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)
Air Quality
Noise Control
Human Health
Jobs
Waste
Pedestrian
Safety
Multi-modal facility
Waterfront development
Pedestrian and bike plan
New container storage
Recycling and hazardous
waste program
Channel expansion and
deepening
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.
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Section B Environmental Justice Primer for Ports
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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 that should be reviewed and updated
periodically (for example, every one-to-two 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
assist in convening.
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.
Conduct a joint tour of the port and community
with tour guides and attendees from both parties.
3. Document community concerns and goals:
document local concerns, establish measurable goals
30
Section B Environmental Justice Primer for Ports
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.
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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 greater social responsibility and accountability be institutionalized within different departments at
the port? 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 three to five 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
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Section B Environmental Justice Primer for Ports
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* a 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 Community Advisory Group
Your port may have a longstanding Community Advisory
Group 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 Group'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 Community Advisory Group charter:
Does the charter and process reflect the port's
community engagement policy identified in Step
1 ? What changes may be needed to empower the
Group to ensure community goals are thoroughly
considered during decision-making?
Does the Group'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 Group'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 Community Advisory
Group? How will the Group's input inform analysis,
options and outcomes during decision-making?
What role will the Group play in broader community
outreach and engagement efforts?
Does the Community Advisory Group's charter and
organizational structure, such as sub-committees,
reflect priority community goals identified in Step 3?
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Section B Environmental Justice Primer for Ports
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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
commitments. 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 upset 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,
3.
Resolve conflict among competing interests.
remember that the process is often as important as the
Did the public process resolve competing
outcomes. Reflect on these questions to assess to what
interests?
degree your process achieved these goals.
Was conflict avoided because certain issues
1. Incorporate public values into decisions.
were avoided or certain stakeholders were not
Did public input affect the analysis and options
at the table?
considered?
Was conflict addressed through discussion or
Did public input affect the decision?
adapting the approach?
What interests are at the table or being
4.
Increase government accountability.
consulted?
Was trust developed or nurtured among
2. Improve the quality of decisions.
community members who participated?
Did the public provide quality information that
Was trust developed within the broader
improved the debate and decision?
community?
Did the public provide creative problem-
5.
Educate and inform the public.
solving?
To what degree was the affected community
Did the public advance innovative solutions by
aware of the range of options and potential
reframing issues?
impacts?
Was adequate assistance provided to help the
public understand the technical information?
Section B Environmental Justice Primer for Ports
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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 Environmental Justice Legislation and Policy Environmental Justice Events
1964 Congress passes the Civil Righ ts 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.
1969 Congress passes NEPA. 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.
1970s 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.
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.
Congress passed the Comprehensive The Southwest Organizing Project is established in Albuquerque,
Environmental Response, Compensation, and New Mexico. The Environmental Health Coalition is established in San
Liability Act (Superfund) and the Nuclear Waste Diego, California.
Policy Act.
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.
1988-1990 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).
1971
1979
1980
1982
1987
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Appendi: Environmental Justice Primer for Ports
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Year Environmental Justice Legislation and Policy
1990s Congress passes sign ifican t amend men ts to
the Clean Air Act. Dr. Robert Bui lard's book
Dumping in Dixie is published (1990).
Environmental Justice Events
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.
Environmental Justice Research and Advocacy Centers are established
at Xavier University in New Orleans, Clark Atlanta University in Atlanta,
and Florida A&M University in Tallahassee, Florida.
1991 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.
1992 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. environmental justice leaders
attend as official delegates to the United Nations Conference on
Environment and Development in Rio de Janeiro, 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).
1994 President Clinton signs Executive Order Detroiters Working for Environmental Justice is established in Detroit,
12898-Federal Actions to Address Michigan.
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 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.
1999-2000 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.
Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments passed in 2000 by President Clinton.
Appendix Environmental Justice Primer for Ports
-------
Environmental Justice Timeline
Year Environmental Justice Legislation and Policy Environmental Justice Events
2011 Federal Interagency Working Group on Environmental Justice (EJIWG)
adopts a Charter and signs a Memorandum of Understanding (MOU)
on Environmental Justice and implementing Executive Order 12898.
The MOU served as a formal agreement among Federal agencies
to recommit to addressing environmental justice through a more
collaborative, comprehensive and efficient process. It also broadened
the EJIWG to include additional agencies and articulates additional
commitments made by member agencies.
2014 EJIWG Charter is updated to focus on public participation, regional
engagement, Title VI of the Civil Rights Act of 1964, National
Environmental Policy Act, Native Americans/Indigenous Peoples,
engagement of rural communities, impacts from climate change,
impacts from commercial transportation (goods movement), and
strategy and implementation progress reports.
2014 National Environmental Justice Advisory Council to EPA releases
20-year retrospective report that documented the Council's work
since its inception. NEJAC provided a crucial forum for discussion
and elevation of environmental justice issues, served as a national
convening place, evaluated environmental justice issues, and
provided advice and recommendations to the EPA Administrator on
environmental justice issues.
2016 EPA releases its EJ 2020 Action Agenda, a strategic plan for FY'2016-
2020. The plan outlined EPA's vision, goals, strategies and actions
related to environmental justice over this period.
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Appendi: Environmental Justice Primer for Ports
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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 discrimination
as well as any programs or policies that have a
discriminatory effect based on race, color or national
origin."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 BUILD 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 under the
National Environmental Policy Act (NEPA) process.
Reference to 50 states environmental justice
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.
org/our-work/protection-tribal-natural-resources and
http://nwtreatvtribes.org/about-us.
Benefits of effective community engagement
According to Policy Link's 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.
Benefits of community engagement summarized in the
Guide include:
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
39
Appendix Environmental Justice Primer for Ports
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Additional Resources
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 American democracy
in action. It is one of the best ways that community
residents can connect to and shape local and regional
decision-making processes.
FRESC's report on Strategies for meaningful engagement
recommends four simple steps for 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 are not wasted in reaching a decision just to find in the
end that the solution will not be approved.The inclusion of
these people will empower the collaborative effort.The more
you involve them, the better the chances your solution 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 affected
by a decision. The more input from people 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 often necessary to bring
in outside experts for input on both content and process.
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 Eguitable. Healthy, and Sustainable
Communities: Strategies for Advancing Smart Growth.
Environmental Justice, and Eguitable Development
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Appendi: Environmental Justice Primer for Ports
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Community assessment tools
Community Assessment
Tool
Description and Application
Capability
Tools for Assessing Health Impacts
Tribal-Focused
Environmental Risk
and SustainabilitvTool
(T-FERST)
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.
Web-based geospatial decision support tool
(currently available to the general public)
EnviroAtlas Eco-Health
Relationship Browser
An interactive tool that illustrates scientific
evidence for linkages between human health
and ecosystem services.
Training in scientific research and application
EPA Research: Methods.
Models. Tools, and
Databases
Methods, Models, Tools, and Databases for Air,
Climate Change, Ecosystems, Water, Health, Land
and Waste Management.
Varies from complex to user-friendly
Tools for Health
Professional Shortaae
Areas and Medically
Underserved Areas (U.S.
Department of Health
and Human Services)
To determine Health Professional Shortage
Areas (HPSAs) and Medically Underserved
Areas/Populations (MUAs) designated by Health
Resources and Services Administration (HRSA)
User-friendly online data tool
Subsistence Exposure
Scenarios for Tribal
Applications
Methods that can be used to develop exposure
scenarios for unique tribal natural resource
usage patterns.
Training in research and application
Exposure Scenario
for CTUIRTraditional
Subsistence Lifewavs
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Additional Resources
Community Assessment
Tool
Description and Application
Capability
Tools for Assessing Exposure to Hazards
EJSCREEN (EPA)
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.
User-friendly web-based mapping tool
EnviroAtlas (EPA)
Interactive tools and resources for exploring
the benefits people receive from nature or
ecosvstem aoods and services. The Eco-Health
Relationship browser is an interactive literature
review resource provided as part of EnviroAtlas.
User-friendly web-based mapping tool
USDA's Food Desert
Locator
Spatial overview of food access indicators for
low-income and other Census tracts using
different measures of supermarket accessibility.
User-friendly web-based mapping tool
EPA ExdoBox Toolbox
EPA ExpoBox 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 six tool sets, including
Approaches, Media (air, water and sediment, soil
and dust, etc.), Routes, Tiers and Types, Life-
stages and Populations, and Chemical Classes.
User-friendly web- based assessment
and research tool. Available to EPA, other
government entities and the general public.
Climate Resilience
Evaluation and
Awareness Tool (CREAT)
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.
Requires MapWindow GIS v.4.8.8 (open source
software)
NOAA's Diaital Coast
Tools
Exposure to hazards for near-coast communities.
User-friendly web-based mapping tool
Coastal Flood
Exposure Mapper
Coastal Countv
Snapshots
Hazards U.S. Multi-
Hazard
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Appendi: Environmental Justice Primer for Ports
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Community Assessment
Tool
Description and Application
Capability
Tools for Assessing Exposure to Hazards
NOAA'S OpenNSPECT 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. Tool functions simulate erosion, pollution
and the accumulation from overland flow.
Tools for Assessing Socioeconomic Data
U.S. Census Bureau Census data on demographics. User-friendly web-based data and mapping tool
NOAA's Digital Coast Demographic profile of near-coast communities. User-friendly web-based data and mapping tool
Tools
NACo County
Explorer
OnTheMap
Quick Report Tool
for Socioeconomic
Data
Requires MapWindowGIS v.4.8.8 (open source
software)
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Appendix Environmental Justice Primer for Ports
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Notes
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Appendi: Environmental Justice Primer for Ports
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References
Section A
Introduction
1. Willard, Bob. 2012.The New Sustainability Advantage, Seven
Business Case Benefits of a Triple Bottom Line. pp. 2-6. Gabriola
Defining Environmental Justice
2. Natural Resources Defense Council. 2016.The Environmental
Justice Movement. Retrieved from https://www.nrdc.org/stories/
environmental-iustice-movement
3. United States Environmental Protection Agency. 2016. About
Smart Growth. Retrieved from https://www.epa.aov/smartarowth/
about-smart-arowth
4. United States Environmental Protection Agency. 2015.
Environmental Justice. Retrieved from https://www.epa.gov/
environ mental justice
5. University of Washington. 2016. Definitions of Environmental
Justice. Retrieved from http://deohs.washington.edu/
environmental-iustice#defEJ
6. EJnet.org: Web Resources for Environmental Justice Activists.
1991. Principles of Environmental Justice. Retrieved from https://
www.einet.org/ei/principles.html
7. University of Washington. 2016. Definitions of Environmental
Justice. Retrieved from http://deohs.washington.edu/
environmental-iustice#defEJ
8. United States Environmental Protection Agency. 2016. Equitable
Development and Environmental Justice, https://www.epa.gov/
environmentaljustice/equitable-development-and-environmental-
justice
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://www.epa.gov/
report-environment/sustainabilitv-and-roe
11. United States Environmental Protection Agency. 2016. Smart
Growth. Retrieved from https://www.epa.gov/smartgrowth
12. Beder, Sharon. 1996.The Nature of Sustainable Development,
2nd edition. Retrieved from htt ps://t rove.n I a ,g ov.a u/
work/10096250?q&versionld=45630594
13. 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
Impacts of Port Operations and Goods Movement
14. United States Environmental Protection Agency. 2014. Near
Roadway Air Pollution and Health: Frequently Asked Questions.
Retrieved from https://nepis.epa.gov/Exe/ZvPDF.cgi/P100NFFD.
PDF?Dockev=P1 OONFFD.PDF
15. Natural Resources Defense Council. 2004. Harboring Pollution:
Strategies to Clean Up U.S. Ports, p. 15. Retrieved from https://www.
nrdc.org/resources/harboring-pollution-strategies-clean-us-ports
Considering Near-Port Communities in Port Decisions
16. Council on Environmental Quality. 2007. Citizens Guide to the
NEPA. Retrieved from https://ceq.doe.gov/docs/get-involved/
Citizens Guide Dec07.pdf
17. 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-
methodoloQies-nepa-reviews
18. National Archives. 1994. Executive Order 12898 - Federal Actions
To Address Environmental Justice in Minority Populations and Low-
Income Populations. Federal Register. Retrieved from https://www.
archives.gov/files/federal-register/executive-orders/pdf/12898.pdf
19. National Cooperative Freight Research Program. 2014.
Sustainability Strategies Addressing Supply-Chain Air Emissions.
Retrieved from http://www.trb.org/Publications/Blurbs/170749.aspx
Effective Community Engagement Methods
20. International Association of Public Participation. 2007. IAP2
Spectrum of Public Participation. Retrieved from https://cdn.vmaws.
com/www.iap2.org/resource/resmgr/Communications/A3 P2
Pillars brochure.pdf
Collaborative Problem Solving
21. United States Environmental Protection Agency. 2008.
EPA's Environmental Justice Collaborative Problem-Solving
Model. Retrieved from https://www.epa.gov/sites/production/
files/2015-02/documents/cps-manual-12-27-06.pdf
22. Partnership for Working Families. 2019. Community Benefits
Agreement. Retrieved from http://www.forworkingfamiIies.org/
campaigns/CBA
23. 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
24. 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
25.The Asset Based Community Development Institute. 2013. A
Basic Guide to ABCD Community Organizing. Retrieved from https://
resources.depaul.edu/abcd-institute/publications/publications-
by-topic/Documents/A%20Basic%20Guide%20to%20ABCD%20
Communitv%20Qrganizing(3).pdf
Planning and Decision-Making Tools
26. Community-Based Participatory Research: A Strategy for Building
Healthy Communities and Promoting Health through Policy Change.
Retrieved from https://www.policvlink.org/sites/default/files/CBPR.
pdf
Section B
Step 3: Identify Community Concerns and Goals
27. Collaborative Technologies Wiki (2010). Collaborative Decision
Making Tools and Techniques. Retrieved from http://pm440.
pbworks.eom/w/page/25414197/Collaborative%20Decision%20
Making%20Tools%20and%20Technique
Appendi) Environmental Justice Primer for Ports
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