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OAQPS ENVIRONMENTAL JUSTICE SUMMARY REPORT 

June 8, 2012

RULE / ACTION 

Federal Implementation Plan for Oil and Gas Production Facilities, Fort Berthold Indian 

Reservation or Mandan, Hidatsa and Arikara Nations 

OBJECTIVE 

This report aids rule writers in drafting required environmental justice preamble language for E.O. 

12898, as well as addressing the Agency’s three Final Agency Review (FAR) EJ questions: 

(1) How did your public participation process provide transparency and meaningful participation for 

minority, low-income, and indigenous populations, and tribes? 

(2) How did you identify and address existing and new disproportionate environmental and public health

impacts on minority, low-income, and indigenous populations, and tribes? 

(3) How did actions taken under #1 and #2 impact the outcome or final decision? 

SCOPE 

• Total # of unique facility locations = 634

• Data Source: HPDI Inc. (Drilling Info) 2010 

EJ ASSESSMENT 

Meaningful Involvement 

To promote meaningful involvement, the EPA will solicit input from potentially affected stakeholders 

and communities during the public comment period by posting information about the proposed rule 

throughout the reservation at tribal offices, community centers and the Fort Berthold Community 

College and publishing a notice in five (5) local newspapers. In addition, the EPA will hold a public 

hearing on the Fort Berthold Indian Reservation during the public comment period. 

CenRANK Demographic Results 

Method(s) 

• Proximity-to-Source: Comparative analysis of 3 mile or 5 km radius demographics to national 

averages. 

Source(s) 

• CenRANK (proximity): CenRANK identifies all census block centroids within 3 miles of a 

source point. Table 1 provides the sources for each categaory of data. 
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Table 1: CenRANK Data Sources 

*2010 data are not currently available for the Virgin Islands, Guam, American Samoa, and the Northern Marianas. 

CenRANK database contains Census 2000 data for these areas. 

Proximity-to-Source 

While this analysis examines only wells located on the Fort Berthold Indian reservation, some of the 3-

mile buffers around each well extend beyond the reservation boundaries. Because of this, a second 

analysis is included after the proximity-to-source results to determine if the inclusion of off-reservation 

census blocks masks potential environmental justice concerns. 

The sector-wide analysis of near source populations reveals that most demographic categories are below

or within 20 percent of their corresponding national averages. The findings are displayed in Table 2. The 

major exception is the Native American population. The ratio of Native Americans living within 3 miles

of any source affected by this rule is 5,477 percent higher than the national average (65 percent versus 1 

percent). The percentage of minorities is 152 percent above the national average (70 percent vs. 28 

percent). Additionally, the number of minors living in the study area is 25 percent higher than the 

national average (30 percent vs. 24 percent). 

Parameter Definition

Population Total population in block

White Number of whites (may include Hispanics)

African Americans Number of African Americans (may include Hispanics)

Native Americans Number of Native Americas (may include Hispanics)

Other and multiracial Number of other race and multiracial (may include Hispanics)

Hispanic Number of Hispanics

Age 0 to 4 Number of people age 0 to 4

Age 0 to 17 Number of people age 0 to 17

Age 16 to 64 Number of people age 16 to 64

Age 18 to 64 Number of people age 18 to 64

Age 25 and up Number of people age 25 and up

Age 65 and up Number of people age 65 and up

Parameter Definition

Poverty Number of people living in households with income below the poverty line

2 x Poverty Number of people living in households with income below twice the poverty line

Below median income Number of people living in households with income below the national median income

Linguistic isolation Number of people linguistically isolated

Race, Ethnicity, and Age Data (Census 2010 block-level SF1 data)*

Economic and Education Date (2006-2010 ACS)*
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Table 2: Population within 3 Miles of Sources 

To evaluate potential areas of environmental justice concern, the EPA highlights the near source areas

that are equal to or exceed a threshold factor of 1.2 times national averages for race, ethnicity and/or 

poverty demographic categories.1 (The EPA acknowledges that environmental justice areas may exist in 

areas below this threshold.) 

Distinct Population Assessment 

Method(s) 

• Block Group Comparison: Comparing block groups to see if there are block groups that have a 

noticeably higher population of potentially vulnerable individuals. 

Source(s) 

• Block group (proximity): All block groups having a border within 3 miles of a source point. All 

racial, ethnicity, and age data are from the 2010 census block-group level. The economic and 

education data are from the 2006-2010 American Community Survey, also at the block-group 

level. 

Because this study area is primarily on a reservation, a second analysis examined if predominantly 

Native Americans block groups had other environmental justice concerns. Figure 1 graphs the study area

block groups by Native American populations and Table 3 compares demographic information for the 

Native American block groups to national averages. Besides race, the poverty rate and age 

 

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 The demographic categories evaluated on whether they meet or exceed the threshold are: Minority Only; Hispanic Only; Poverty Only; 

Minority & Hispanic; Minority & Poverty; Hispanic & Poverty; Minority, Hispanic & Poverty. 

POPULATION 6493 312861256

WHITE 1977 30% 226405205 72% -58%

AFRICAN AMERICAN 14 0% 39475216 13% -98%

NATIVE AMERICAN 4221 65% 3646995 1% 5477%

OTHER OR MULTIRACIAL 281 4% 43333840 14% -69%

MINORITY24516 70% 86456051 28% 152%

HISPANIC OR LATINO3272 4% 54181245 17% -76%

AGE 0 - 17 1955 30% 75217176 24% 25%

AGE 65+ 657 10% 40830262 13% -22%

NO HIGH SCHOOL DIPLOMA 383 6% 31914536 10% -42%

BELOW POVERTY LINE 838 13% 43487509 14% -7%

>= 1.2 of National Average

% 

DEMOGRAPHIC SUMMARY Change 1

NEAR 

SOURCE 

NATIONAL 

TOTAL

% OF NEAR 

SOURCE 

% OF 

NATIONAL 

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA.

1. Racial and ethnic categories overlap and cannot be summed.

2. The “Minorities” population is the overall population (in the first column) minus white population (in the second column).

3. The Census Bureau defines “Hispanic or Latino” as an ethnicity rather than as a racial category, Hispanics or Latinos may belong to any race.
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demographics are the major differences between the predominately Native Americans and national 

averages. The overall study area has a poverty rate 7 percent below the national average, while the areas 

of concentrated native Americans has a poverty rate of 28 percent, which is 103 percent higher than the 

national average (28 percent vs. 14 percent). 

Figure 1: Block Groups by Percent Native American 

0%

50%

100%

Percent Native American

Block Groups by Percent Native American

Percent Native American
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Table 3: Block Groups with 50% of More Native Americans 

Table 4 compares the Native American block groups with the white block groups. Figures 2 maps the 

study area block groups by percent Native American population. Figure 3 shows these areas by poverty 

rate. The Native American population is 520 percent higher than the in the predominately white block 

groups (71 percent vs. 11 percent), poverty level 138 percent higher (28 percent vs. 12 percent), the 

population under 18 years of age is 40 percent higher (31 percent vs. 23 percent), and population below 

five years is 56 percent higher (9 percent vs. 6 percent). 

Demographic 

Summary1

Native 

American 

Areas

% Of Native 

American 

Areas

National 

Totals

% Of 

National 

Totals

% Change

POPULATION 5,815 312,861,256

WHITE 1,437 25% 226,405,205 72% -66%

AFRICAN AMERICAN 7 0% 39,475,216 13% -99%

NATIVE AMERICAN 4,120 71% 3,646,995 1% 5978%

OTHER OR MULTIRACIAL 251 4% 43,333,840 14% -69%

MINORITY2 4,378 75% 86,456,051 28% 172%

HISPANIC OR LATINO3 260 4% 54,181,245 17% -74%

AGE 0 - 4 537 9% 20,465,068 7% 41%

AGE 0 - 17 1,826 31% 75,217,176 24% 31%

AGE 65+ 528 9% 40,830,262 13% -30%

NO HIGH SCHOOL 

DIPLOMA

496 9% 32,060,510 10% -17%

BELOW POVERTY LINE 1,643 28% 43,616,850 14% 103%

>= 1.2 times National Average

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA.

1. Racial and ethnic categories overlap and cannot be summed.

2. The “Minorities” population is the overall population (in the first column) minus white population (in the second column).

3. The Census Bureau defines “Hispanic or Latino” as an ethnicity rather than as a racial category, Hispanics or Latinos may belong to any race.

4. Where facility study areas overlap, the census block populations are only counted once. Therefore, a facility level total will not match this summary total.
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Table 4: Comparing Native American Block Groups to Remaining Study Area 

Demographic 

Summary1

Native 

American 

Areas

% Native 

American 

Areas

White Areas % White 

Area

% Change

POPULATION 5,815 9,976

WHITE 1,437 25% 8,593 86% -71%

AFRICAN AMERICAN 7 0% 20 0% -40%

NATIVE AMERICAN 4,120 71% 1,140 11% 520%

OTHER OR MULTIRACIAL 251 4% 223 2% 93%

MINORITY2

4,378 75% 1,383 14% 443%

HISPANIC OR LATINO3

260 4% 190 2% 135%

AGE 0 - 4 537 9% 590 6% 56%

AGE 0 - 17 1,826 31% 2,245 23% 40%

AGE 65+ 528 9% 1,573 16% -42%

NO HIGH SCHOOL 

DIPLOMA

496 9% 1,054 11% -19%

BELOW POVERTY LINE 1,643 28% 1,183 12% 138%

>= 1.2 times Total Study Area

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA.

1. Racial and ethnic categories overlap and cannot be summed.

2. The “Minorities” population is the overall population (in the first column) minus white population (in the second column).

3. The Census Bureau defines “Hispanic or Latino” as an ethnicity rather than as a racial category, Hispanics or Latinos may belong to any race.

4. Where facility study areas overlap, the census block populations are only counted once. Therefore, a facility level total will not match this summary total.
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Figure 2: Study Area Block Groups and Percent Native American Population 
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Figure 3: Fort Berthold Poverty Rates by Block Group