On January 3, 2026, the Environmental Justice (EJ) Office of the Pennsylvania Department of Protection (PADEP) released a final version of the EJ Policy (Final EJ Policy), replacing both the 2004 EJ Policy and the 2023 Interim Final EJ Policy. The revised policy provides additional clarifications based on public comment received on the 2023 Interim Final EJ Policy. In addition, the Final EJ Policy updates the criteria used to categorize EJ areas in the state.
The Final EJ Policy specifies that the following criteria will be utilized to designate EJ areas:
- Census block groups with a PennEnviroScreen score equal to or above the 80th percentile score.
- Census block groups lacking overall scores due to data gaps, but with the highest 5 percent of PennEnviroScreen Pollution Burden Scores.
The second bullet point is a new requirement that was not present in the 2023 Interim Final EJ Policy. PADEP also added clarifications to state that the Department plans to regularly update the criteria used to evaluate areas where the EJ Policy applies via updates to the PennEnviroScreen tool. These updates have the potential to change EJ area designations. The Final EJ Policy further clarifies that the EJ status of a given EJ area is determined “at the time a permit application or permit renewal is first submitted by the applicant.” In conjunction with the release of the final EJ Policy, the PennEnviroScreen tool has been updated based on the latest available data, 2020 Census geographical boundaries, and provides an improved user interface.
The Enhanced Public Participation process is continuing to be refined with the Final EJ Policy. Specifically, the Enhanced Public Participation requirements are targeted to the area located within 0.5 mile of the proposed project and to the census block group identified as an EJ area in PennEnviroScreen. The Enhanced Public Participation Process will be completed consistent with other PADEP policies including the Policy on Public Participation in the Permit Review Process.
The Final EJ Policy includes updates to the definitions of community, community-based organizations, and community liaison and other minor updates for clarification. Like previous iterations of the policy, the Final EJ Policy still defines EJ areas and focuses on Enhanced Public Participation in those areas. Trigger projects and Opt-in projects are maintained with the same definitions between both versions. Understanding this policy is integral to the permitting process, and the Final EJ Policy states that the policy will be reviewed at least every 5 years.
If you would like to discuss Pennsylvania’s revised environmental justice policy and how it may impact your facility, please contact either of Trinity’s Pennsylvania offices (Philadelphia or Pittsburgh).
