The Virginia Department of Environmental Quality released its Draft Guidance Memo – Environmental Justice in the Permitting Process on September 23, 2026 developed pursuant to House Bill 1266 (2026) to address both cumulative impact evaluation and enhanced community engagement for certain environmental permits. The draft guidance would not apply to all permits, but rather to specific air, water, and land permit actions designated by DEQ as “Projects of Concern” (see guidance document for definition). The drafted guidance directs permit applicants to conduct an Environmental Justice Community Assessment (EJCA) using DEQ’s Virginia EJScreen+ to determine whether the project is located within or may impact an environmental justice community.
What May Be Required for Projects?
For Projects of Concern that are located within or may impact an environmental justice community, the draft guidance outlines a multi-step process that includes both meaningful public involvement and cumulative impact evaluation. Applicants would be expected to develop a Public Participation Plan and conduct outreach during the pre-application, permit review, and post-permit decision stages. Proposed engagement methods include mailed notices, community meetings, project websites, notifications to local officials, and ongoing communications with potentially affected communities. A Cumulative Impact Assessment (CIA) would be required when potentially affected environmental justice communities and specified stressor-screening thresholds are exceeded. The CIA is intended to evaluate whether a community may experience a disproportionate share of negative environmental consequences by analyzing environmental stressors identified in the guidance. If screening indicates elevated cumulative impacts, applicants would complete a comprehensive assessment of project impacts and consider mitigation measures where appropriate.
What’s Next?
More information related to Environmental Justice Permitting Guidance is available on DEQ’s website. Additionally, DEQ will provide an overview of the draft guidance during a noon webinar on October 6, 2026 which will include information on the new methodologies used to evaluate cumulative impacts and expanded community outreach strategies. Written comments on the draft guidance will be accepted by DEQ through October 23, 2026. DEQ will finalize their guidance by December 31, 2026.
This guidance becomes effective 90 calendar days after publication in the Virginia Register of Regulations or April 1, 2027, whichever is later.
Resources
- DEQ News Release: Environmental Justice Permitting Guidance (Sept. 23, 2026)
- DEQ’s Sept. 23, 2026 Draft Guidance Memo – Environmental Justice in the Permitting Process
- Virginia EJScreen+ Platform
- Registration for DEQ’s October 6 Environmental Justice in the Permitting Process Guidance Draft Review Webinar