SB3772 104TH GENERAL ASSEMBLY

LRB104 16637 BDA 30040 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3772

Introduced 2/5/2026, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

415 ILCS 5/39.16 new
415 ILCS 155/15 new

Amends the Environmental Protection Act. Provides that, beginning January 1, 2027, upon receipt of certain air pollution control construction permit applications, the Environmental Protection Agency shall evaluate (i) whether the applicable source falls within an area of environmental justice concern and, if so, notify specified persons; (ii) whether emissions can be reduced or limited; (iii) whether additional air quality modeling is needed; and (iv) whether specified permit enhancements are needed. Requires the Agency's permitting decisions to be informed by the applicant's history of violations of environmental laws and other factors. Allows the Agency to adopt rules. Amends the Environmental Justice Act. Establishes the Office of Environmental Justice within the Environmental Protection Agency to coordinate the integration of environmental justice into Agency programs and for other purposes. Requires the Director of the Environmental Protection Agency to appoint an Environmental Justice Officer to administer the Office of Environmental Justice. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by adding Section 39.16 as follows:

(415 ILCS 5/39.16 new)

Sec. 39.16. Air pollution control construction permitting in areas of environmental justice concern.

(a) In this Section:

"Area of environmental justice concern" or "area of EJ concern" means a geographic area, the population of which potentially experiences disproportionate environmental harms and risks as a result of both environmental and socioeconomic conditions that may act cumulatively to affect health and the environment and contribute to persistent environmental health disparities. "Area of environmental justice concern" or "area of EJ concern" includes (i) all census block groups identified by the Agency on a triennial basis as having an environmental risk score that is in the top quarter of all census blocks in the State and (ii) all areas within one mile of a census block group identified under item (i).

"Environmental risk score" means the product that results from multiplying the weighted mean of the percentiles of each environmental indicator set forth in paragraph (1) for the census block by the mean of the percentiles of each socioeconomic indicator set forth in paragraph (2) for the census block:

(1) The environmental indicators to be used for the calculation of environmental risk scores are the following, each calculated as a percentile compared to the rest of the State:

(A) the annual average concentration of particulate matter less than 2.5 microns or smaller in diameter;

(B) the annual average concentration of ozone;

(C) the annual average concentration of nitrogen dioxide;

(D) the annual average concentration of diesel particulate matter;

(E) the annual average toxicity-weighted concentrations of Toxic Release Inventory-listed chemicals;

(F) the annual vehicle traffic;

(G) the number of drinking water violations that have not been returned to compliance;

(H) the percentage of housing units built pre-1960;

(I) the number of proposed or listed National Priorities List sites;

(J) the number of facilities with Risk Management Plans;

(K) the number of treatment, storage, and disposal and large-quantity generator hazardous waste facilities;

(L) the number of leaking underground storage tanks and underground storage tanks; and

(M) the concentrations of toxic chemicals at stream segments.

In calculating the weighted mean of the environmental indicator percentiles, environmental indicators in subparagraphs (G) through (M) of paragraph (1) shall be given half the weight of environmental indicators in subparagraphs (A) through (F) of paragraph (1).

(2) The socioeconomic indicators to be used for the calculation of environmental risk scores are the following, each calculated as a percentile compared to the rest of the State:

(A) the percentage of the population with a household income less than or equal to twice the federal poverty level;

(B) the percentage of the population that is unemployed;

(C) the percentage of the population living in limited English proficiency households;

(D) the percentage of the population aged 25 or older who do not have a high school diploma;

(E) the percentage of the population under the age of 5; and

(F) the percentage of the population over the age of 64.

(b) This Section applies to the following permits for which an owner or operator applies after January 1, 2027:

(1) a construction permit for a new source that is to be located in an area of EJ concern and that will require a Clean Air Act Permit Program permit or a Federally Enforceable State Operating Permit issued by the Agency under Section 39.5 of this Act;

(2) a construction permit for any existing source that is located in an area of EJ concern, that possesses a Clean Air Act Permit Program permit or a Federally Enforceable State Operating Permit issued by the Agency under Section 39.5 of this Act, and that seeks an increase in annual permitted emissions; or

(3) a construction permit for any existing source that is located in an area of EJ concern, that seeks an increase in annual permitted emissions, and that will require a new Clean Air Act Permit Program permit or a Federally Enforceable State Operating Permit issued by the Agency under Section 39.5 of this Act for the first time.

(c) Upon receipt of an air pollution control construction permit application for a permit to which this Section applies, the Agency shall evaluate the application to determine:

(1) whether the source falls within an area of EJ concern, and, if so, the Agency shall send an environmental justice notification letter to elected officials, community groups, and individuals who have requested to be notified, to provide information about the proposed project and how an individual can request a public hearing on a permit application;

(2) whether emissions increases from the proposed project can be reduced or voluntarily limited by the applicant to avoid or minimize potential impacts to any affected area of EJ concern by, among other things, establishing lower potential-to-emit thresholds, installing alternative pollution controls, or decreasing use of other units at the facility; and

(3) the need for the applicant to conduct additional air quality modeling to confirm that the project will not threaten or compromise existing National Ambient Air Quality Standards or other applicable standards appropriate for comparison with other pollutants of concern.

(d) The Agency shall evaluate and, if necessary to comply with this Act, include appropriate permit enhancements to address potential impacts to an area of EJ concern. These enhancements may include, but are not limited to:

(1) improved air monitoring systems, including parametric and continuous monitoring systems;

(2) development of a fugitive dust operating program or plan or enhancements to an existing program or plan;

(3) consideration of operational requirements to establish limits on potential-to-emit or to demonstrate source compliance with an emission rate;

(4) increased use or frequency of emissions testing;

(5) development of enforceable requirements to go into the construction permit to ensure that the source meets modeling assumptions used in the air quality modeling, including hours of operation, operating requirements, operating schedule, meteorological assumptions, property boundaries, and other similar modeling assumptions used in the air quality modeling;

(6) development of an odor control plan to identify and mitigate potential off-site odor impacts from the project;

(7) development of odor monitoring of third-party complaints, including a process for tracking complaints and inspecting affected process operations known to be capable of causing air pollution;

(8) discretionary use of previous adjudications of violations of this Act and rules adopted under this Act by the applicant that involve a release of a contaminant into the environment in evaluating the permit application;

(9) discretionary use of reasonable conditions specifically related to an applicant's past compliance history with this Act and rules adopted under this Act as necessary to correct, detect, or prevent noncompliance with this Act;

(10) encouraging the use of pollution prevention techniques; or

(11) encouraging applicant outreach, independent of the permit review process, with the affected community.

(e) The Agency may also conduct further analysis, as needed, to inform its permit decision under subsection (d), including:

(1) consideration of information relating to other sources permitted by the Agency or the United States Environmental Protection Agency;

(2) information relating to regulated sources under State or federal environmental laws;

(3) data bearing upon the classification of an area of EJ concern;

(4) location of sensitive populations or places near the proposed facility, including schools, hospitals, day care centers, and culturally significant resources;

(5) factors that may increase community exposure or vulnerability as compared to other populations; and

(6) consultation with the United States Environmental Protection Agency or other State and federal regulatory authorities regarding additional areas of study.

(f) If the Agency's analysis described in this Section shows disproportionate and adverse effects to an area of EJ concern, the Agency shall:

(1) consider making additional refinements to the project emissions analysis, air quality modeling, or permit enhancements;

(2) prioritize compliance inspections and any resulting enforcement initiatives of an applicant's existing permitted source or other contributing sources to the affected area, with the aim of reducing existing adverse impacts;

(3) prioritize grant funding for projects in the affected community; and

(4) conduct consultations with the United States Environmental Protection Agency or other State or federal agencies relating to potential mitigation options, including fence-line monitoring, risk assessments, or rulemakings.

(g) The Agency shall not issue a construction permit identified in subsection (b) of this Section unless the Agency conducts an evaluation of the prospective owner's or operator's previous experience in owning and operating sources of air pollution. The Agency may deny the permit if the prospective owner or operator or any one or more of its board members have a history of:

(1) repeated violations of federal, State, or local laws, rules, regulations, standards, or ordinances in the ownership or operation of sources of air pollution;

(2) conviction in this State, another state, or federal court of knowingly submitting false information under any environmental law, rule, regulation, or permit term or condition; or

(3) proof of gross carelessness or incompetence in the ownership or operation of a source of air pollution.

(h) In making its determination under subsection (g) regarding permit applications identified in subsection (b) of this Section, the Agency shall consider previous adjudications of noncompliance with this Act and rules adopted thereunder by the applicant. In granting permits, the Agency shall consider whether to impose reasonable conditions specifically related to the applicant's past compliance history with this Act and rules adopted under this Act as necessary to correct, detect, or prevent noncompliance. This may include consideration of:

(1) information contained within the U.S. Environmental Protection Agency's and the Agency's environmental compliance tracking system;

(2) information submitted in public comments to a construction permit application pending review;

(3) judicial or administrative consent decrees or compliance orders that are entered into, or issued by, the U.S. Environmental Protection Agency involving requirements of the Illinois State Implementation Plan; and

(4) information relating to State-only compliance history.

The Agency shall prepare a written analysis of its evaluation of compliance enforcement history, as well as any additional civil rights analysis or mitigation measures undertaken. The analysis shall be prepared before a notice of public comment or a hearing concerning a draft construction permit and shall be posted among the documents available on the Agency's public website. If no public participation is provided for under Agency rules, the analysis shall be posted to the Agency's public website at the time of permit issuance.

(i) The Agency may adopt any rules necessary to carry out the purposes of this Section, including, but not limited to, any rules necessary to specify how calculations of the environmental indicators and their percentile ranks and scores, socioeconomic indicators and their percentile ranks and scores, and the environmental risk score are to be performed, and any rules necessary to specify metrics to be used to measure the environmental indicators and socioeconomic indicators.

Section 10. The Environmental Justice Act is amended by adding Section 15 as follows:

(415 ILCS 155/15 new)

Sec. 15. Office of Environmental Justice. An Office of Environmental Justice is established within the Illinois Environmental Protection Agency. The Office shall coordinate the integration of environmental justice into Agency programs and activities, oversee implementation of language access policies, and provide enhanced public outreach to areas of environmental justice concern as defined under Section 39.16 of the Environmental Protection Act. The Director shall appoint an Environmental Justice Officer within the Office of Environmental Justice to administer the Office.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.