How South Dakota is Addressing Environmental Justice

Environmental Justice Definitions

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Environmental Justice Mapping Tools

DANR has GIS data available on a variety of its environmental programs: Air Quality Program; Drinking Water Program; Feedlot Permit Program; Ground Water Quality Program; Minerals and Mining; Oil and Gas; South Dakota Geological Survey; Surface Water Quality Program; Waste Management Program; and Water Rights Program. Each listed program in turn has specific GIS data relevant to the program’s functions. For example, the Waste Management Program has two separate GIS datasets for recycling facilities and permitted solid waste facilities locations. In addition, South Dakota also has real-time data for air quality that is updated hourly. These databases are confined to environmental exposure, and do not include overlays of EJ or other sensitive populations. DANR has GIS data available on a variety of its environmental programs: Air Quality Program; Drinking Water Program; Feedlot Permit Program; Ground Water Quality Program; Minerals and Mining; Oil and Gas; South Dakota Geological Survey; Surface Water Quality Program; Waste Management Program; and Water Rights Program. Each listed program in turn has specific GIS data relevant to the program’s functions. For example, the Waste Management Program has two separate GIS datasets for recycling facilities and permitted solid waste facilities locations. In addition, South Dakota also has real-time data for air quality that is updated hourly. These databases are confined to environmental exposure, and do not include overlays of EJ or other sensitive populations.

Environmental Justice as a Policy of the Environmental Agency or Across All Agencies

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Consideration of Environmental Justice in Permitting

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Consideration of Environmental Justice in Enforcement

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Consideration of Environmental Justice in Land Use

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State Environmental Policy Act “Mini-NEPA”

The South Dakota Environmental Policy Act loosely follows the federal NEPA, requiring similar procedural requirements for public involvement, e.g. scoping meetings and public comments input on what should be included in the environmental impact statement (EIS). An EIS must be made available to the public 30 days before an agency takes action on the subject of the EIS. Additionally, all feasible action that would mitigate or avoid the environmental harm identified in the EIS must be taken. There are no explicit procedural requirements superadded for EJ communities.

Dedicated Funding to Environmental Justice Communities

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Consideration of Cumulative Impacts

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Prohibitions on Disparate Impact Discrimination

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Established Environmental Rights

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Environmental Justice as Part of Environmental Agency’s Mission

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Environmental Justice as Part of Other Agency’s Mission

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Processes and Procedures (including Title VI)

Non-Discrimination Policy

The South Dakota Department of Transportation (DOT) has a variety of Title VI implementation plans, to ensure compliance for DOT programs receiving federal assistance.

Grievance Procedures

DOT has Title VI complaint forms available on its website.

Enhanced Public Participation and Information Access

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Language Access

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Consultation with Indigenous Communities and Tribal Nations

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Governmental Environmental Justice Structures, Positions, and Funding Streams

Environmental Justice Coordinating Agency

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Environmental Justice Coordinator

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Environmental Justice Advisory Board

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Funding for Environmental Justice

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The South Dakota Department of Health has a Health Equity Program and identifies “achieving health equity in all communities” as a guiding principle in its 2020-2025 Strategic Plan; one of its objectives as to “increase understanding and awareness of health equity and enhance programs and policies that advance health equity.” The Department of Health defines “health equity” as “a fair and just opportunity to be healthier. This requires removing obstacles to health such as poverty, discrimination, and their consequences, including lack of access to good jobs, quality education and housing, safe environments, and health care.” The Department of Health identifies environmental inequities as health inequities. Though not explicitly EJ related, such a plan has the potential to incorporate EJ concerns into the Department of Health’s programs and policies, and improve health outcomes in communities affected by “environmental inequities.”

June Hansen
Civil Rights Compliance Officer / ADA Coordinator
South Dakota Department of Transportation
700 E. Broadway Ave.
Pierre, SD 57501
605-773-3540

Constitutional Provisions

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Executive Orders

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Legislation and Statutes

South Dakota Codified Laws, Chapter 34A-9.

Regulations

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Policies/Guidance

Title VI Program Implementation, https://dot.sd.gov/media/documents/FFY2021TitleVIProgramImplementationPlan.pdf.

Mapping Tools

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Other

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