EPA issued several guidance documents on how to address EJ in permitting processes, including:
- Air: 8 principles to guide consideration of EJ in Clean Air Act permitting
- Carbon Capture & Sequestration: guidance on public participation and EJ for Class VI Underground Injection Control (UIC) permitting and primacy programs
- Water: guidance on addressing EJ and equity in National Pollution Discharge Elimination System (NPDES) permitting
- Waste: EJ Action Plan for EPA’s land protection and cleanup programs
EPA also issued interim guidance on EJ and civil rights in permitting to guide agency staff on how to integrate EJ and civil rights concerns when making decisions on environmental permitting. The guidance includes information on how agency staff should ensure compliance with Title VI, including the consideration of disparate and cumulative impacts, and information on community engagement and tribal consultation.
On Aug. 11, 2026, the EPA’s Office of Water issued an internal memo to Office of Water program directors rescinding 2023 guidance on public participation and EJ for Class VI Underground Injection Control (UIC)permitting and primacy programs. The 2023 guidance outlined environmental justice (EJ) considerations and expectations for UIC well owners and operators and EPA staff. The previous guidance stated UIC well owners and operators, permit applicants, and EPA Regions should: identify communities with potential EJ concerns; enhance public involvement; conduct EJ assessments; enhance transparency throughout the permitting process; and minimize adverse effects to underground sources of drinking water and the communities they may serve.