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Final PADEP Environmental Justice Policy Now in Effect
On January 3, 2026, the final Environmental Justice (EJ) Policy from the Pennsylvania Department of Environmental Protection (PADEP or the Department) took effect (the Final EJ Policy). The Final EJ Policy’s adoption follows an implementation period that ran between September 16, 2023 through January 2, 2026 during which PADEP followed an Interim-Final EJ Policy. In conjunction with its publication of the Final EJ Policy, PADEP also issued a lengthy Comment–Response Document addressing input received during the public comment period. PADEP’s PennEnviroScreen mapping tool and the guidance document explaining the underlying methodology for identifying EJ Areas have also been updated in conjunction with adoption of the final EJ Policy.
The text of the Final EJ Policy is essentially the same as that of the Interim-Final EJ Policy but includes some clarifying changes. Under the Final EJ Policy, a project that creates an Area of Concern that touches an EJ Area – including a project located within an EJ Area – is deemed a “Trigger Project” that will automatically be a candidate for the policy’s Enhanced Public Participation Process in connection with permits, authorizations, or approvals. An Area of Concern is the geographic area measuring half-a-mile in all directions from the perimeter of a project.
PADEP also may exercise its discretion to evaluate other “Opt-In Projects” through the Enhanced Public Participation Process. Notably, Concentrated Animal Feeding Operations (CAFOs) are now considered Opt-In Projects and are no longer considered Trigger Projects. Projects in areas that were previously designated as EJ Areas, but are no longer designated as EJ Areas, are now also considered to be Opt-In Projects.
Under the Final EJ Policy, an EJ Area is defined as census block groups that score at or above a certain threshold using a set of weighted indicators, and census block groups that lack overall scores due to data gaps, but which have very high pollution burdens. The Final EJ Policy clarifies that “the EJ Area and Area of Concern at the time a permit application or permit renewal is first submitted by the applicant will be used for permits.”
PADEP’s Comment–Response Document provides useful clarification on some key topics. In response to comments challenging PADEP’s authority to adopt the EJ Policy, the Department emphasized that the EJ Policy “does not add any additional regulatory requirements” and “is nonbinding and places an emphasis on public outreach and public participation.” PADEP also states that the EJ Policy “does not create any authority for the Department to rely on for the promulgation of new regulations,” and that the Department “cannot create new standards for granting or denying permits without specific statutory authority.” Similarly, PADEP emphasizes that the EJ Policy does not provide the Department with any new or different enforcement tools. The Comment–Response Document also makes clear that a project’s involvement in the Enhanced Public Participation Process does not extend deadlines for PADEP decision-making.
One of the major changes to the PennEnviroScreen mapping methodology is that census block groups with high uncertainty for certain population indicators are no longer excluded from the scoring evaluation. The Final EJ Policy explains that PADEP will periodically update the data that underlies PennEnviroScreen, resulting in changes to EJ Areas. The Department does not specify how often such data will be updated and will not offer a formal comment period when updates relate to indicators already included within the model. PADEP, however, intends to hold a public comment period whenever there are proposed substantive changes to its methodology, such as adding indicators or changing the weighting of indicators.
PADEP will review the Final EJ Policy every five years. If you would like to understand how the Final EJ Policy may impact your project or permit application, please contact Sean Kellem, Will Hitchcock, or Michael Dillon of our firm.
