SB 3772

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Full Text of SB3772
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	SB3772 - 104th General Assembly
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			Senate Amendment 001
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		SB3772 Enrolled		LRB104 16637 BDA 30040 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5adding Section 39.16 as follows:
6    (415 ILCS 5/39.16 new)
7    Sec. 39.16. Air Pollution Control Construction Permitting 
8in 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 
4construed 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 
7concern" means a geographical area, the population of which 
8potentially experiences disproportionate environmental harms 
9and risks as a result of both environmental and socioeconomic 
10conditions that may act cumulatively to affect health and the 
11environment and contribute to persistent environmental health 
12disparities. "Area of EJ concern" shall include all census 
13block groups, and all areas within one mile of such census 
14block groups, identified and updated by the Agency on a 
15triennial basis as being within the top 25% of census blocks 
16statewide, scored by multiplying each census block group's 
17average statewide percentile for each of the following 
18environmental indicators, by the census block group's average 
19statewide percentile for each of the following socioeconomic 
20indicators:
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 
26the weight of environmental indicators (1) through (6) in 
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1calculating the averaged percentile.
2    (c) Applicability. This Section applies to the following 
3permits for which an owner or operator applies on or after 
4January 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 
23receipt of an air pollution control construction permit 
24application, 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 
25application to any person or circumstance is held invalid, the 
26invalidity of that provision or application does not affect 
		SB3772 Enrolled	- 10 -	LRB104 16637 BDA 30040 b
1other provisions or applications of this Section that can be 
2given effect without the invalid provision or application.
3    Section 10. The Environmental Justice Act is amended by
4adding Section 18 as follows:
5    (415 ILCS 155/18 new)
6    Sec. 18. Office of Environmental Justice. An Office of 
7Environmental Justice is established within the Illinois 
8Environmental Protection Agency. The Office shall coordinate 
9the integration of environmental justice into Agency programs 
10and activities, oversee implementation of language access 
11policies, and provide enhanced public outreach to areas of 
12environmental justice concern. The Director shall appoint an 
13Environmental Justice Officer within the Office of 
14Environmental Justice to administer the Office.
15    Section 97. Severability. If any provision of this
16Amendatory Act of the 104th General Assembly or its
17application to any person or circumstance is held invalid, the
18invalidity of that provision or application does not affect
19other provisions or applications of this Amendatory Act of the
20104th General Assembly that can be given effect without the
21invalid provision or application.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.