govt.fyi
Back to SB 3772
Illinois General Assembly· SB 3772Governor Approved

EPA-ENVIRONMENTAL JUSTICE, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB3772 Enrolled                     LRB104 16637 BDA 30040 b

1   AN ACT concerning safety.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Environmental Protection Act is amended by

5 adding Section 39.16 as follows:

6   (415 ILCS 5/39.16 new)

7   Sec. 39.16. Air Pollution Control Construction Permitting

8 in Areas of Environmental Justice Concern.

9   (a) Legislative Findings. The General Assembly finds that:

10  (1) all residents of this State have a right to a

11  healthful environment under Article XI of the Illinois

12  Constitution of 1970;

13  (2) no community should bear disproportionate and

14  adverse effects from pollution;

15  (3) in 2024, the Agency entered in an Informal

16  Resolution Agreement with the United States Environmental

17  Protection Agency requiring, among other things,

18  enhancements to its permit review process for certain

19  permit transactions in areas of environmental justice

20  concern; and

21  (4) such enhancements to the Agency's permit review

22  process are necessary to avoid the imposition of

23  disproportionate and adverse effects to communities in
    SB3772 Enrolled     -2-    LRB104 16637 BDA 30040 b

1   areas of environmental justice concern, as such areas are

2   identified herein.

3   The provisions of this Section shall be liberally

4 construed to carry out the purposes of this Section.

5   (b) Definitions. For purposes of this Section:

6   "Area of environmental justice concern" or "area of EJ

7 concern" means a geographical area, the population of which

8 potentially experiences disproportionate environmental harms

9 and risks as a result of both environmental and socioeconomic

10 conditions that may act cumulatively to affect health and the

11 environment and contribute to persistent environmental health

12 disparities. "Area of EJ concern" shall include all census

13 block groups, and all areas within one mile of such census

14 block groups, identified and updated by the Agency on a

15 triennial basis as being within the top 25% of census blocks

16 statewide, scored by multiplying each census block group's

17 average statewide percentile for each of the following

18 environmental indicators, by the census block group's average

19 statewide percentile for each of the following socioeconomic

20 indicators:

21  Environmental indicators:

22  (1) annual average concentration of particulate matter

23  less than 2.5 microns or smaller in diameter;

24  (2) annual average concentration of ozone;

25  (3) annual average concentration of nitrogen dioxide;

26  (4) annual average concentration of diesel particulate
    SB3772 Enrolled          -3-    LRB104 16637 BDA 30040 b

1   matter;

2   (5) annual average toxicity-weighted concentrations of

3   Toxic Release Inventory-listed chemicals;

4   (6) vehicle traffic;

5   (7) drinking water violations that have not been

6   returned to compliance;

7   (8) percentage of housing units built pre-1960;

8   (9) number of proposed or listed National Priorities

9   List sites;

10  (10) number of facilities with Risk Management Plans;

11  (11) number of treatment, storage, and disposal and

12  large-quantity generator hazardous waste facilities;

13  (12) number of leaking underground storage tanks and

14  underground storage tanks; and

15  (13) toxics concentrations at stream segments.

16  Socioeconomic indicators - percentage of population:

17  (1) with household income less than or equal to twice

18  the federal poverty level;

19  (2) unemployed;

20  (3) living in limited English proficiency households;

21  (4) aged 25 or older whose education is short of a high

22  school diploma;

23  (5) under the age of 5; and

24  (6) over the age of 64.

25  Environmental indicators (7) through (13) are given half

26 the weight of environmental indicators (1) through (6) in
    SB3772 Enrolled          -4-        LRB104 16637 BDA 30040 b

1 calculating the averaged percentile.

2   (c) Applicability. This Section applies to the following

3 permits for which an owner or operator applies on or after

4 January 1, 2027:

5   (1) a construction permit for a new source that is to

6   be located in an area of EJ concern and that will require a

7   Clean Air Act Permit Program permit, or a Federally

8   Enforceable State Operating Permit issued by the Agency

9   under Section 39.5 of this Act;

10  (2) a construction permit for any existing source that

11  is located in an area of EJ concern, that possesses a Clean

12  Air Act Permit Program permit, or a Federally Enforceable

13  State Operating Permit issued by the Agency under Section

14  39.5 of this Act and that seeks an increase in annual

15  permitted emissions; or

16  (3) a construction permit for any existing source that

17  is located in an area of EJ concern, that seeks an increase

18  in annual permitted emissions and that will require a new

19  Clean Air Act Permit Program permit, or a Federally

20  Enforceable State Operating Permit issued by the Agency

21  under Section 39.5 of this Act for the first time.

22  (d) Review of permit applications; notifications. Upon

23 receipt of an air pollution control construction permit

24 application, the Agency shall evaluate the application to:

25  (1) determine whether the source falls within an area

26  of EJ concern. Based on this review, the Agency shall send
    SB3772 Enrolled           -5-  LRB104 16637 BDA 30040 b

1   an EJ notification letter to elected officials, community

2   groups, and individuals who have requested to be notified,

3   to provide information about the proposed project and how

4   an individual can request a public hearing on a permit

5   application;

6   (2) determine whether emissions increases from the

7   proposed project can be reduced or voluntarily limited by

8   the applicant to avoid or minimize potential air emission

9   increases to any affected area(s) of EJ concern. This

10  includes, but is not limited to, establishment of lower

11  thresholds for potential-to-emit, installation of

12  alternative pollution controls, and decreased utilization

13  of other units at the facility; and

14  (3) determine the need for the applicant to conduct

15  additional air quality modeling to confirm that the

16  project will not threaten or compromise existing National

17  Ambient Air Quality Standards or other applicable

18  standards appropriate for comparison with other pollutants

19  of concern.

20  (e) Permit enhancements.

21  (1) The Agency shall evaluate and, if necessary to

22  comply with this Act, include appropriate permit

23  enhancements to address potential air emission increases

24  to an area of EJ concern. These enhancements may include,

25  but are not limited to:

26  (A) improved air monitoring systems, including
    SB3772 Enrolled    -6-  LRB104 16637 BDA 30040 b

1   parametric and continuous monitoring systems;

2   (B) development of a fugitive dust operating

3   program/plan or enhancements to an existing

4   program/plan;

5   (C) operational requirements to establish limits

6   on potential-to-emit or to demonstrate source

7   compliance with an emission rate;

8   (D) increased use or frequency of emissions

9   testing;

10  (E) development of enforceable requirements to go

11  into the construction permit to assure that the source

12  meets modeling assumptions used in the air quality

13  modeling (including hours of operation, operating

14  requirements, operating schedule, meteorological

15  assumptions, property boundaries, etc.);

16  (F) development of an odor control plan to

17  identify and mitigate potential off-site odor impacts

18  from the project;

19  (G) development of odor monitoring of third-party

20  complaints, including a process for tracking

21  complaints and inspecting affected process operations

22  known to be capable of causing air pollution;

23  (H) discretionary use of prior adjudications of

24  violations of this Act and regulations adopted

25  thereunder by the applicant that involve a release of

26  a contaminant into the environment in evaluating the
    SB3772 Enrolled      -7-  LRB104 16637 BDA 30040 b

1   permit application;

2   (I) discretionary use of reasonable conditions

3   specifically related to an applicant's past compliance

4   history with this Act and regulations adopted

5   thereunder as necessary to correct, detect, or prevent

6   noncompliance;

7   (J) use of pollution prevention techniques; or

8   (K) applicant outreach, independent of the permit

9   review process, with the affected community.

10  (2) The Agency may also conduct further analysis, as

11  needed, to inform its permit decision, including:

12  (A) consideration of information relating to other

13  sources permitted by the Agency or the United States

14  Environmental Protection Agency;

15  (B) information relating to regulated sources

16  under State or federal environmental laws;

17  (C) data bearing upon the classification of an

18  area of EJ concern;

19  (D) location of sensitive populations or places

20  near the proposed facility, including schools,

21  hospitals, day care centers, and culturally

22  significant resources;

23  (E) factors that may increase community exposure

24  or vulnerability as compared to other populations; or

25  (F) consultation with the United States

26  Environmental Protection Agency or other state and
    SB3772 Enrolled           -8-  LRB104 16637 BDA 30040 b

1   federal regulatory authorities regarding additional

2   areas of study.

3   (3) If the Agency's analysis described in this Section

4   shows disproportionate and adverse effects, the Agency

5   shall consider making additional refinements to the

6   project emissions analysis, air quality modeling, or

7   permit enhancements; prioritizing compliance inspections

8   and any resulting enforcement initiatives of an

9   applicant's existing permitted source or other

10  contributing sources to the affected area, with the aim of

11  reducing existing adverse impacts; prioritizing grant

12  funding for projects in the affected community; and

13  conducting consultations with the United States

14  Environmental Protection Agency or other state and federal

15  agencies relating to potential mitigation options,

16  including fence-line monitoring, risk assessments, or

17  rulemakings.

18  (f) Issuance of permits.

19  (1) In making its determination on permit applications

20  identified in Section 39.16(2) of this Act, the Agency

21  shall consider prior adjudications of noncompliance with

22  this Act and regulations adopted thereunder by the

23  applicant. In granting permits, the Agency shall consider

24  whether to impose reasonable conditions specifically

25  related to the applicant's past compliance history with

26  this Act and regulations adopted thereunder as necessary
    SB3772 Enrolled  -9-       LRB104 16637 BDA 30040 b

1   to correct, detect, or prevent noncompliance. This may

2   include consideration of:

3   (A) information contained within USEPA's and the

4   Agency's environmental compliance tracking system;

5   (B) information submitted in public comments to a

6   construction permit application pending review;

7   (C) judicial or administrative consent decrees or

8   compliance orders that are entered into, or issued by,

9   USEPA involving requirements of the Illinois State

10  Implementation Plan; or

11  (D) information relating to State-only compliance

12  history.

13  (2) The Agency shall prepare a written analysis of its

14  evaluation of compliance enforcement history, as well as

15  any additional civil rights analysis or mitigation

16  measures undertaken. The analysis shall be prepared before

17  a notice of public comment or hearing concerning a draft

18  construction permit and must be posted among the documents

19  available on the Agency's public notice website or public

20  repository. If no public participation is provided for

21  under Agency rules, the analysis shall be posted to the

22  Agency's public notice webpage at the time of permit

23  issuance.

24  (g) Severability. If any provision of this Section or its

25 application to any person or circumstance is held invalid, the

26 invalidity of that provision or application does not affect
    SB3772 Enrolled        - 10 - LRB104 16637 BDA 30040 b

1 other provisions or applications of this Section that can be
2 given effect without the invalid provision or application.

3   Section 10. The Environmental Justice Act is amended by

4 adding Section 18 as follows:

5   (415 ILCS 155/18 new)

6   Sec. 18. Office of Environmental Justice. An Office of

7 Environmental Justice is established within the Illinois

8 Environmental Protection Agency. The Office shall coordinate

9 the integration of environmental justice into Agency programs

10 and activities, oversee implementation of language access

11 policies, and provide enhanced public outreach to areas of

12 environmental justice concern. The Director shall appoint an

13 Environmental Justice Officer within the Office of

14 Environmental Justice to administer the Office.

15  Section 97. Severability. If any provision of this

16 Amendatory Act of the 104th General Assembly or its

17 application to any person or circumstance is held invalid, the

18 invalidity of that provision or application does not affect

19 other provisions or applications of this Amendatory Act of the

20 104th General Assembly that can be given effect without the

21 invalid provision or application.

22  Section 99. Effective date. This Act takes effect upon

23 becoming law.
Every fact on this page links to its source, starting with the official bill record.