DEQ Releases Updated Draft Environmental Justice in the Permitting Process Guidance (DEQ)

On Sept. 23, the Virginia Department of Environmental Quality (DEQ) released an updated draft of its Environmental Justice in the Permitting Process Guidance Memo to further environmental justice and enhance public participation in the permitting process. The updated draft guidance is now open for an informal public comment period. DEQ invites the public to provide written feedback from now through 11:59 p.m. on Oct. 23 for DEQ’s review and consideration. 

According to the Virginia Environmental Justice Act, environmental justice is the fair treatment and meaningful involvement of every person, regardless of race, color, national origin, income, faith, or disability, regarding the development, implementation, or enforcement of any environmental law, regulation, or policy. 

In April, Governor Spanberger signed into law House Bill (HB) 1266, which directs DEQ to publish an updated version of the 2023 draft Environmental Justice in the Permitting Process Guidance Memo for public comment, and issue the final guidance no later than Dec. 31, 2026. The law requires the updated guidance to consider how to assess the cumulative impacts of certain DEQ permits and to consider outreach strategies to engage communities impacted by any such permit. 

The purpose of this new draft guidance is to inform the public, permit applicants, and DEQ staff of: 

• DEQ’s tools and resources for identifying environmental justice communities and whether Projects of Concern, which are defined in the guidance, are located within an environmental justice community. 

• Ways to assess the cumulative impacts of certain Projects of Concern and mitigate them, if needed. 

• Outreach strategies to engage communities that may be impacted by Projects of Concern. 

“The public's feedback on this draft guidance will help DEQ and permit applicants better understand—and implement—practices to more effectively involve communities in environmental decision-making,” said DEQ Director Mike Rolband. “We want to make sure everyone that wants to be involved in agency processes will be heard.” 

The public is invited to share feedback on DEQ’s draft guidance by submitting comments: 

• In writing to ejcomments@deq.virginia.gov. 

• Via the public comment form on DEQ’s Environmental Justice in the Permitting Process Guidance webpage. 

• Or via postal mail to: 
  Virginia Department of Environmental Quality  
  Attn: Kate Miller, Office of Environmental Justice  
  901 Russell Dr.  
  Salem, VA 24153 

DEQ will carefully review and consider all comments received before finalizing the guidance later this year. Additional information, including the draft guidance, is available on DEQ’s website