Illinois lawmakers propose EJ rules around construction

The state of Illinois is considering legislation that would create a path for communities to become designated as environmental justice (EJ) communities.

Illinois Senate Bill 1323 and its sister legislation, House Bill 2520, would create require the Illinois Environmental Protection Agency (IEPA) to annually review underlying data that would be used to determine whether a community could qualify as an EJ community.

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In areas that are EJ communities, the legislation also would require developers of facilities that would be a major emissions source subject to the Clean Air Act to submit an EJ assessment identifying the potential environmental impacts to the area near the project, according to a summary of HB 2520.  

A supplemental fee of $100,000 would be required for applicants seeking to develop projects that would be a new source of pollutants in an EJ community, according to the HB 2520 summary.

The bill would require the IEPA to establish a procedure under which communities can petition to become EJ communities, the summary says.

Third parties also will be allowed to petition the state Pollution Control Board for a hearing to challenge permits issued to facilities classified as a “minor source” of air pollutants.