Environmental Justice Tracker

EJ Tracker Update

EPA Issued Guidance on EJ and Civil Rights in Permitting

Last updated:

August 11, 2026

Authority

NEPA, CAA, Title VI of the Civil Rights Act of 1964, SDWA, CWA, RCRA, CERCLA, Other Statute

Agencies

EPA

Actions

Rollback, Guidance/Policy

EPA issued several guidance documents on how to address EJ in permitting processes, including: 

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.