Senate Bill 3772: Codifying Environmental Justice in Illinois

Executive Summary:

Through Senate Bill 3772, Illinois has formalized many of its existing environmental justice (EJ) permitting practices through the addition of Section 39.16 to the Illinois Environmental Protection Act (Illinois Compiled Statutes Chapter 415, Section 5). The legislation was passed by both the Illinois House and Senate on May 30, 2026, and will apply to certain air construction permit applications submitted on or after January 1, 2027. While much of the new law reflects measures that the Illinois Environmental Protection Agency (Illinois EPA) has already implemented in recent years, it establishes a statutory framework for EJ area identification, permit application review procedures, and potential new permit requirements.

Background on Environmental Justice in Illinois

The Illinois EPA defines environmental justice as the principle that “all people should be protected from environmental pollution and have the right to a clean and healthy environment”. Illinois’s environmental justice policies are intended to protect public health, ensure equity in the administration of environmental programs, and provide opportunities for meaningful public involvement in environmental decision-making.

Although Senate Bill 3772 is new, environmental justice considerations have been part of Illinois permitting activities for many years. Environmental justice notification letters have been issued by the Illinois EPA since late 2013 to alert elected officials and members of the public about proposed construction with environmental impacts in their communities. The Illinois EPA also created and uses the EJ Start mapping tool to identify environmental justice communities within the state.

Despite a recent relaxation of EJ policies at the federal level, Illinois EPA’s approach has remained largely unchanged since 2025. Construction permits for facilities located in EJ areas have typically contained additional requirements such as enhanced testing, monitoring, and recordkeeping conditions. For projects seeking increases in permitted emissions, Illinois EPA has required either “emissions balancing” measures to offset emissions increases or air dispersion modeling to evaluate the potential environmental impacts from the project.

Senate Bill 3772: A New Framework for Environmental Justice Review

Senate Bill 3772 creates Section 39.16 of the Illinois Compiled Statutes Chapter 415, Section 5 (415 ILCS Section 5), also known as the Illinois Environmental Protection Act. Senate Bill 3772 was initially filed in the Illinois Senate in February 2026. This bill formally incorporates many existing environmental justice review practices into state law and establishes which factors will be considered when designating an area of EJ concern. This bill passed both the Illinois House and the Senate on May 30, 2026. It was sent to Governor Pritzker on June 26, 2026 and is anticipated to be signed into law in the coming months. The new requirements will apply to certain construction permit applications filed on or after January 1, 2027.

Definition of Area of Environmental Justice Concern

One of the most significant components of the legislation is the creation of a new statutory definition for an “area of EJ concern.” Generally, an “area of EJ concern” is an area where the population experiences disproportionate environmental harms and risks as a result of both environmental and socioeconomic conditions that cause persistent environmental and health disparities. The definition provides specific environmental and socioeconomic indicators that are to be used to evaluate each census block against the statewide average for designation as an area of EJ concern. These indicators are presented below in Table 1. Every three years, Illinois EPA will update EJ area designations using a methodology based on these defined indicators. The statute provides further details regarding how these indicators are to be evaluated and incorporated into the EJ area designation process.

Environmental and Socioeconomic Indicators Used in Designation of Area of EJ Concern

Applicability to Construction Permits

Environmental justice review will apply to certain construction permit applications located within an EJ area that are applied for on or after January 1, 2027. Specifically, the review process will apply to:

• Construction permit applications for new sources to be located within an area of EJ concern that will eventually require a Federally Enforceable State Operating Permit (FESOP) or Clean Air Act Permit Program (CAAPP) permit;
• Construction permit applications for existing FESOP or CAAPP sources within an area of EJ concern seeking an increase in annual permitted emissions; and
• Construction permits for existing true minor sources within an area of EJ concern seeking an increase in annual permitted emissions that would cause the facility to become a synthetic minor or major source.

Other Considerations

The legislation does not specifically address other source operating permit categories. Notably absent from the statute are sources in the Registration of Smaller Sources (ROSS) Program, construction permits associated with Lifetime Operating Permit (LOP) facilities that will remain a true minor source, and any operating permit applications.

An additional action this bill takes is to establish an Office of Environmental Justice within the Illinois EPA. The office will coordinate the integration of environmental justice into Agency programs, oversee implementation of language access policies, and provide enhanced public outreach to areas of EJ concern.

EJ Review Process

Senate Bill 3772 provides an outline for the steps the agency will take to evaluate each applicable project with respect to environmental justice. The legislation confirms that environmental justice notification letters will continue to be sent out during the permitting process for applicable projects. It also states that Illinois EPA will evaluate whether project emissions can be reduced or voluntarily limited through measures such as additional air pollution controls, reduced utilization of other emission units at the facility, or establishment of lower thresholds for potential to emit. Illinois EPA will also determine whether air dispersion modeling is necessary for a particular project to evaluate against the National Ambient Air Quality Standards (NAAQS) or other applicable standards.

The legislation states that Illinois EPA may impose more stringent permit conditions as part of its review. Examples identified in the statute include:

• Parametric or continuous monitoring systems;
• New or expanded fugitive dust operating programs;
• Operational requirements to establish limits on potential-to-emit;
• Increased frequency of emissions testing;
• Enforceable restrictions tied to modeling assumptions;
• Conditions related to a facility’s past compliance history;
• Odor control planning and complaint tracking;
• Pollution prevention measures; and
• Community outreach activities.

The statute also authorizes Illinois EPA to conduct additional analyses when making permitting decisions. These analyses may incorporate information about other sources and regulations, the location of sensitive populations relative to a facility, data used in determining an area’s EJ status, information from the U.S. Environmental Protection Agency (USEPA) or other state agencies, and compliance history of the facility, including public comments received during past permitting processes and past consent decrees.

If Illinois EPA determines that a project may result in disproportionate and adverse effects, it may require additional modeling or permit enhancements, compliance inspections, or fenceline monitoring. Illinois EPA must prepare a written analysis addressing compliance history and any civil rights analysis or mitigation measures undertaken. The analysis must be prepared before the public notice period and will be made available either during the public notice period or upon permit issuance, if public notice is not required.

Conclusion

Senate Bill 3772 represents the formal codification of environmental justice review practices that Illinois EPA has been implementing for several years. While many provisions of the law are not new in practice, it establishes statutory requirements for EJ area designations, identifies the permit applications subject to EJ review, and provides Illinois EPA with defined authority to evaluate projects and impose enhanced permit requirements where appropriate. Companies planning future projects in EJ areas in Illinois should understand how the new requirements may affect construction permit timelines, permitting strategies, and compliance obligations beginning on January 1, 2027.

For questions or assistance with preparing a permit application in an EJ area, please contact Chloe Reece or Grace Castelino in the Chicago Office.

Sources:

• SB 3772 – ILGA.gov
• Trinity Chicago Office June 18th Webinar Slides
• EJ – June 2026 ILCS Updates