Illinois’ General Assembly Proposes Amendments to the Environmental Protection Act on Prior Consultation
This blog was originally posted on 26th February, 2025. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.
AUTHORED BY CRISTIAN BARROSO, REGULATORY COMPLIANCE SPECIALIST, COMPLIANCE & RISKS
Proposed Amendments to Illinois Environmental Protection Act on Prior Consultation
On 28 January 2025, Senate Bill 1307 was introduced. It proposes amending the Illinois Environmental Protection Act to include an environmental and human rights assessment and prior consultation provisions to benefit environmental justice communities.
Scope
The Bill requires companies that intend to construct, modify, or expand a facility or “source” subject to the Clean Air Act Permit Program or a State operating permit in an environmental justice community to conduct a public consultation and to develop an environmental justice assessment identifying potential risks to human rights and the environment associated with the proposed project, before applying for a construction permit.
Public Consultation
The public consultation must be held within the environmental justice community where the proposed source is located (or to be located), providing proper notice to be given to elected officials, members of the general assembly, directors of child centers (30 days in advance), and the general public.
Notice to the general public shall be published in a newspaper of general circulation and posted on the applicants and Agency website.
During the meeting, the applicant must present a summary of the environmental justice assessment, collect public comments, and provide 30 days for further comments.
If the population to give notice to includes individuals within a linguistically isolated community, then the notice shall be given in a multilingual format, and oral and written translation services must be provided at the public consultation meeting.
Environmental Justice Assessment
The Environmental Justice Assessment must be conducted by a third party and shall consist of the following:
- Air dispersion model examining the air quality-related impacts of the proposed project;
- A modelling protocol analysis of short-term impacts on air quality;
- An environmental impact review evaluating the direct, indirect, and cumulative environmental and health impacts within the environmental justice community. These impacts may include but are not limited to ecological, cultural, human health, and economic or social effects on minority communities, low-income communities, or Indian tribes when they are interrelated to impacts on the natural or physical environment.
Finally, the draft includes provisions to contest permit issuance and environmental justice grievances.
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