Bill Text: IL HB1608 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-28 - Referred to Rules Committee [HB1608 Detail]

Download: Illinois-2025-HB1608-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1608 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
415 ILCS 5/3.178 new
415 ILCS 5/3.186 new
415 ILCS 5/3.187 new
415 ILCS 5/3.188 new
415 ILCS 5/3.189 new
415 ILCS 5/3.281 new
415 ILCS 5/34.5 new
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
415 ILCS 5/39.15 new
415 ILCS 5/40 from Ch. 111 1/2, par. 1040
415 ILCS 5/40.4 new
Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.
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A BILL FOR
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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
changing Sections 39 and 40 and by adding Sections 3.178,
3.186, 3.187, 3.188, 3.189, 3.281, 34.5, 39.15, and 40.4 as
follows:
(415 ILCS 5/3.178 new)
Sec. 3.178. Cumulative impact. "Cumulative impact" means
the total burden from chemical and nonchemical stressors and
their interactions that affect the health, well-being, and
quality of life of an individual, community, or population at
a given point of time or over a period of time.
(415 ILCS 5/3.186 new)
Sec. 3.186. Disproportionate harm. "Disproportionate harm"
means the combination of cumulative impacts, including, but
not limited to, disproportionately high and adverse human
health impacts and disproportionately high and adverse
environmental impacts.
(415 ILCS 5/3.187 new)
Sec. 3.187. Disproportionately high and adverse

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environmental impact. "Disproportionately high and adverse
environmental impact" means an environmental impact that is
disproportionately high and adverse based on the following
factors:
(1) Whether there is or will be an impact on the
natural or physical environment that significantly and
adversely affects an environmental justice community. Such
impacts may include, but are not limited to, ecological,
cultural, human health, economic, or social impacts on
minority communities, low-income communities, or Indian
tribes when those impacts are interrelated to impacts on
the natural or physical environment.
(2) Whether environmental impacts are significant and
are or may be having an adverse impact on an environmental
justice community that appreciably exceeds, or is likely
to appreciably exceed, the adverse impact on the general
population or other appropriate comparison group.
(3) Whether the environmental impacts occur or would
occur in an environmental justice community by cumulative
or multiple adverse exposures from environmental hazards.
(415 ILCS 5/3.188 new)
Sec. 3.188. Disproportionately high and adverse human
health impact. "Disproportionately high and adverse human
health impact" means an impact on human health that is
disproportionately high and adverse based on the following

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factors:
(1) Whether the health outcomes, which may be measured
in risks and rates, are significant or above generally
accepted norms. Adverse health impacts include, but are
not limited to, bodily impairment, infirmity, illness, or
death.
(2) Whether the risk or rate of hazard exposure for an
environmental justice community to an environmental hazard
is significant and appreciably exceeds, or is likely to
appreciably exceed, the risk or rate of hazard exposure
for the general population or in comparison to another
appropriate group.
(3) Whether health impacts occur in an environmental
justice community affected by cumulative or multiple
adverse exposures from environmental hazards.
(415 ILCS 5/3.189 new)
Sec. 3.189. Environmental justice community.
"Environmental justice community" means any geographic area in
the State that is contained within:
(1) an environmental justice community under the
Illinois Solar for All Program, as that definition is
updated from time to time by the Illinois Power Agency and
the Administrator of that Program, so long as the
community is designated as an environmental justice
community within 60 days of a community receiving

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notification of a permit under the federal Clean Air Act;
or
(2) an R3 Area established under Section 10-40 of the
Cannabis Regulation and Tax Act.
(415 ILCS 5/3.281 new)
Sec. 3.281. Linguistically isolated community.
"Linguistically isolated community" means the population
within a United States Census Bureau tract composed of
individuals at least 20% of whom are age 14 years or older and
who speak English less than very well, based on data in the
United States Census Bureau's latest one-year or 5-year
American Community Survey.
(415 ILCS 5/34.5 new)
Sec. 34.5. Environmentally beneficial project bank.
(a) The Agency shall establish and maintain on its website
a bank of potential environmentally beneficial projects. The
website must permit members of the public to submit
suggestions for environmentally beneficial projects. The
Agency shall assess the submissions for feasibility and
clarity before inclusion in the bank.
(b) A supplemental environmental project is not required
to be included within the environmentally beneficial project
bank required under subsection (a) in order to offset a civil
penalty.

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(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder and that denial of the permit is not
otherwise justified under this Section. The Agency shall adopt
such procedures as are necessary to carry out its duties under
this Section. In making its determinations on permit
applications under this Section the Agency shall may consider
prior adjudications of noncompliance with this Act by the
applicant that involved a release of a contaminant into the
environment. In granting permits, the Agency shall may impose
reasonable conditions specifically related to the applicant's
past compliance history with this Act as necessary to correct,
detect, or prevent noncompliance. The Agency shall may impose
such other conditions as may be necessary to accomplish the
purposes of this Act, and as are not inconsistent with the
regulations promulgated by the Board hereunder. Except as
otherwise provided in this Act, a bond or other security shall
not be required as a condition for the issuance of a permit. If

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the Agency denies any permit under this Section, the Agency
shall transmit to the applicant within the time limitations of
this Section specific, detailed statements as to the reasons
the permit application was denied. Such statements shall
include, but not be limited to, the following:
(i) the Sections of this Act which may be violated if
the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any, which
the Agency deems the applicant did not provide the Agency;
and
(iv) a statement of specific reasons why the Act and
the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for the

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Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, to
UIC permit applications under subsection (e) of this Section,
or to CCR surface impoundment applications under subsection
(y) of this Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to

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have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution
operating permit program consistent with this paragraph and
shall adopt rules that require a source to demonstrate that it
qualifies for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including, but not limited to, schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,

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Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto,
and schedules for achieving compliance therewith at the
earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been approved
by the county board of the county if in an unincorporated area,
or the governing body of the municipality when in an
incorporated area, in which the facility is to be located in
accordance with Section 39.2 of this Act. For purposes of this

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subsection (c), and for purposes of Section 39.2 of this Act,
the appropriate county board or governing body of the
municipality shall be the county board of the county or the
governing body of the municipality in which the facility is to
be located as of the date when the application for siting
approval is filed.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was
granted. In that event, the Agency shall conduct an evaluation
of the subsequent owner or operator's prior experience in
waste management operations in the manner conducted under
subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than

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100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that
the location of the facility has been approved by the
appropriate county board or municipal governing body pursuant
to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more

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consecutive calendar years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to
the Agency for a permit authorizing the temporary suspension
of waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant
has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate
county board or municipal governing body under Section 39.2 of
this Act after the facility ceased accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be

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located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to the
Agency to develop and operate the municipal waste transfer
station during April of 1994;
(3) the operator can demonstrate that the county board
of the county, if the municipal waste transfer station is
in an unincorporated area, or the governing body of the
municipality, if the station is in an incorporated area,
does not object to resumption of the operation of the
station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for

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the treatment, storage, or disposal of hazardous waste as
defined under this Act. Subsection (y) of this Section, rather
than this subsection (d), shall apply to permits issued for
CCR surface impoundments.
All RCRA permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580), as amended, and regulations pursuant
thereto, and may include schedules for achieving compliance
therewith as soon as possible. The Agency shall require that a
performance bond or other security be provided as a condition
for the issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and

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regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
All UIC permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC

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permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of
this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined by
the Clean Air Act, as now or hereafter amended, this Act,
or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall adopt requirements as necessary
to implement public participation procedures, including,
but not limited to, public notice, comment, and an
opportunity for hearing, which must accompany the

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processing of applications for PSD permits. The Agency
shall briefly describe and respond to all significant
comments on the draft permit raised during the public
comment period or during any hearing. The Agency may group
related comments together and provide one unified response
for each issue raised.
(3) Any complete permit application submitted to the
Agency under this subsection for a PSD permit shall be
granted or denied by the Agency not later than one year
after the filing of such completed application.
(4) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application, including the terms
and conditions of the permit to be issued and the facts,
conduct, or other basis upon which the Agency will rely to
support its proposed action.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in which

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the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically, or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of
Section 40 of this Act. For purposes of this subsection (h),
the term "generator" has the meaning given in Section 3.205 of
this Act, unless: (1) the hazardous waste is treated,
incinerated, or partially recycled for reuse prior to
disposal, in which case the last person who treats,
incinerates, or partially recycles the hazardous waste prior
to disposal is the generator; or (2) the hazardous waste is

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from a response action, in which case the person performing
the response action is the generator. This subsection (h) does
not apply to any hazardous waste that is restricted from land
disposal under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, any permit or interim
authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, clean construction or demolition debris
fill operations, and tire storage site management. The Agency
may deny such a permit, or deny or revoke interim
authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites, clean
construction or demolition debris fill operation
facilities or sites, or tire storage sites; or
(2) conviction in this or another State of any crime
which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction

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in this or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting, or disposing
of waste, clean construction or demolition debris, or used
or waste tires, or proof of gross carelessness or
incompetence in using clean construction or demolition
debris as fill.
(i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed
contamination at the site, unless such contamination is
authorized under any permit issued by the Agency.

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(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location, or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
(l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act, and

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as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in this
Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include
but not be limited to the following:
(1) the Sections of this Act that may be violated if
the permit were granted;
(2) the specific regulations promulgated pursuant to
this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems
the applicant did not provide in its application to the
Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90-day limitation by filing a written statement with
the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of

HB1608 - 23 - LRB104 08109 BDA 18155 b
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is developed
or the permitted composting area of which is expanded
after November 17, 1991, the composting area is located at
least 1/8 mile from the nearest residence (other than a
residence located on the same property as the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the site,
and will collect and manage any leachate that is generated
on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations on
operating hours, appropriate noise control measures for
shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of

HB1608 - 24 - LRB104 08109 BDA 18155 b
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted, and otherwise disposed of; and
(6) the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
(o) (Blank).
(p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice
of the application in a newspaper of general circulation in

HB1608 - 25 - LRB104 08109 BDA 18155 b
the county in which the MSWLF unit is or is proposed to be
located. The notice must be published at least 15 days before
submission of the permit application to the Agency. The notice
shall state the name and address of the applicant, the
location of the MSWLF unit or proposed MSWLF unit, the nature
and size of the MSWLF unit or proposed MSWLF unit, the nature
of the activity proposed, the probable life of the proposed
activity, the date the permit application will be submitted,
and a statement that persons may file written comments with
the Agency concerning the permit application within 30 days
after the filing of the permit application unless the time
period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing

HB1608 - 26 - LRB104 08109 BDA 18155 b
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
(q) Within 6 months after July 12, 2011 (the effective
date of Public Act 97-95), the Agency, in consultation with
the regulated community, shall develop a web portal to be
posted on its website for the purpose of enhancing review and
promoting timely issuance of permits required by this Act. At
a minimum, the Agency shall make the following information
available on the web portal:
(1) Checklists and guidance relating to the completion
of permit applications, developed pursuant to subsection
(s) of this Section, which may include, but are not
limited to, existing instructions for completing the
applications and examples of complete applications. As the
Agency develops new checklists and develops guidance, it
shall supplement the web portal with those materials.
(2) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), permit application forms or
portions of permit applications that can be completed and

HB1608 - 27 - LRB104 08109 BDA 18155 b
saved electronically, and submitted to the Agency
electronically with digital signatures.
(3) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), an online tracking system where
an applicant may review the status of its pending
application, including the name and contact information of
the permit analyst assigned to the application. Until the
online tracking system has been developed, the Agency
shall post on its website semi-annual permitting
efficiency tracking reports that include statistics on the
timeframes for Agency action on the following types of
permits received after July 12, 2011 (the effective date
of Public Act 97-95): air construction permits, new NPDES
permits and associated water construction permits, and
modifications of major NPDES permits and associated water
construction permits. The reports must be posted by
February 1 and August 1 each year and shall include:
(A) the number of applications received for each
type of permit, the number of applications on which
the Agency has taken action, and the number of
applications still pending; and
(B) for those applications where the Agency has
not taken action in accordance with the timeframes set
forth in this Act, the date the application was
received and the reasons for any delays, which may
include, but shall not be limited to, (i) the

HB1608 - 28 - LRB104 08109 BDA 18155 b
application being inadequate or incomplete, (ii)
scientific or technical disagreements with the
applicant, USEPA, or other local, state, or federal
agencies involved in the permitting approval process,
(iii) public opposition to the permit, or (iv) Agency
staffing shortages. To the extent practicable, the
tracking report shall provide approximate dates when
cause for delay was identified by the Agency, when the
Agency informed the applicant of the problem leading
to the delay, and when the applicant remedied the
reason for the delay.
(r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
(s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
(t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting

HB1608 - 29 - LRB104 08109 BDA 18155 b
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
(u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
(v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
(w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
(x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and
contains federally enforceable conditions limiting the
potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
(y) The Agency may issue permits exclusively under this
subsection to persons owning or operating a CCR surface
impoundment subject to Section 22.59.
All CCR surface impoundment permits shall contain those

HB1608 - 30 - LRB104 08109 BDA 18155 b
terms and conditions, including, but not limited to, schedules
of compliance, which may be required to accomplish the
purposes and provisions of this Act, Board regulations, the
Illinois Groundwater Protection Act and regulations pursuant
thereto, and the Resource Conservation and Recovery Act and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures
that are necessary and appropriate for the issuance of CCR
surface impoundment permits and that are consistent with this
Act or regulations adopted by the Board, and with the RCRA, as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, on its public internet website as well as at the
office of the county board or governing body of the
municipality where CCR from the CCR surface impoundment will
be permanently disposed. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office.
The Agency shall issue a written statement concurrent with
its grant or denial of the permit explaining the basis for its
decision.
(z) If a mass animal mortality event is declared by the
Department of Agriculture in accordance with the Animal

HB1608 - 31 - LRB104 08109 BDA 18155 b
Mortality Act:
(1) the owner or operator responsible for the disposal
of dead animals is exempted from the following:
(i) obtaining a permit for the construction,
installation, or operation of any type of facility or
equipment issued in accordance with subsection (a) of
this Section;
(ii) obtaining a permit for open burning in
accordance with the rules adopted by the Board; and
(iii) registering the disposal of dead animals as
an eligible small source with the Agency in accordance
with Section 9.14 of this Act;
(2) as applicable, the owner or operator responsible
for the disposal of dead animals is required to obtain the
following permits:
(i) an NPDES permit in accordance with subsection
(b) of this Section;
(ii) a PSD permit or an NA NSR permit in accordance
with Section 9.1 of this Act;
(iii) a lifetime State operating permit or a
federally enforceable State operating permit, in
accordance with subsection (a) of this Section; or
(iv) a CAAPP permit, in accordance with Section
39.5 of this Act.
All CCR surface impoundment permits shall contain those
terms and conditions, including, but not limited to, schedules

HB1608 - 32 - LRB104 08109 BDA 18155 b
of compliance, which may be required to accomplish the
purposes and provisions of this Act, Board regulations, the
Illinois Groundwater Protection Act and regulations pursuant
thereto, and the Resource Conservation and Recovery Act and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures
that are necessary and appropriate for the issuance of CCR
surface impoundment permits and that are consistent with this
Act or regulations adopted by the Board, and with the RCRA, as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, on its public internet website as well as at the
office of the county board or governing body of the
municipality where CCR from the CCR surface impoundment will
be permanently disposed. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office.
The Agency shall issue a written statement concurrent with
its grant or denial of the permit explaining the basis for its
decision.
(aa) The Agency shall not issue any of the following
construction permits unless the applicant for the permit
submits to the Agency with its permit application proof that

HB1608 - 33 - LRB104 08109 BDA 18155 b
the permit applicant has conducted a public meeting pursuant
to this subsection (aa) and submitted an environmental justice
assessment pursuant to subsection (bb): (i) a construction
permit for a new source that is to be located in an
environmental justice community, that will require a CAAPP
permit or a federally enforceable State operating permit, and
that would be authorized under that permit to increase annual
permitted emissions; (ii) a construction permit for any
existing source that is located in an environmental justice
community, that, on the effective date of this amendatory Act
of the 104th General Assembly, possesses a CAAPP permit or
federally enforceable State operating permit, and that would
be authorized under that permit to increase annual permitted
emissions; or (iii) a construction permit for any existing
source that is located in an environmental justice community,
that would require a new CAAPP permit or new federally
enforceable State operating permit for the first time, and
that would be authorized under that permit to increase annual
permitted emissions. This subsection (aa) also applies to
permit applications for modifications or expansions to
existing sources that will result in an increase in the hourly
rate of emissions or the total annual emissions of any air
pollutant. The public meeting required under this subsection
(aa) shall be held within the environmental justice community
where the proposed source is located or to be located, and the
applicant shall collect public comments at the meeting.

HB1608 - 34 - LRB104 08109 BDA 18155 b
(1) Notice of the public meeting shall be provided 30
days in advance to:
(A) local elected officials in the area where the
proposed source is to be located, including the mayor
or village president, municipal clerk, county board
chairman, county clerk, and State's Attorney;
(B) members of the General Assembly from the
legislative district in which the proposed source is
to be located; and
(C) directors of child care centers licensed by
the Department of Children and Family Services, school
principals, and public park superintendents who
oversee facilities located within one mile of the
proposed source.
(2) Notice of the public meeting shall be published in
a newspaper of general circulation.
(3) Notice of the public meeting shall be posted on a
website of the applicant with a link provided to the
Agency for posting on the Agency's website.
(4) Notice of the public meeting shall include all of
the following:
(A) the name and address of the applicant and the
proposed source;
(B) the activity or activities at the proposed
source to be permitted;
(C) the proposed source's anticipated potential to

HB1608 - 35 - LRB104 08109 BDA 18155 b
emit and allowable emissions of regulated pollutants;
(D) the date, time, and location of the public
meeting;
(E) the deadline for submission of written
comments;
(F) the mailing address or email address where
written comments can be submitted; and
(G) the website where the summary of the
environmental justice assessment required under
subsection (bb) can be accessed.
(5) If the population of individuals who reside within
one mile of the source includes individuals within a
linguistically isolated community, then the applicant
shall provide the public notice in a multilingual format
appropriate to the needs of the linguistically isolated
community and shall provide oral and written translation
services at the public meeting.
At the public meeting, the applicant shall present a
summary of the environmental justice assessment required under
subsection (bb).
The applicant must accept written public comments from the
date public notice of the meeting is provided until at least 30
days after the date of the public meeting.
The applicant must provide with its permit application a
copy of the meeting notice and a certification, under penalty
of law, signed by a responsible official for the permit

HB1608 - 36 - LRB104 08109 BDA 18155 b
applicant attesting (i) to the fact that a public meeting was
held, (ii) to the information that was provided by the
applicant at the public meeting, and (iii) that the applicant
collected written comments and transcribed oral public
comments in accordance with the requirements of this
subsection (aa).
The failure of the applicant to comply with the express
procedural requirements under this subsection (aa) shall
result in denial of a permit application submitted to the
Agency.
The Agency may propose and the Board may adopt rules
regarding the implementation of this subsection (aa).
(bb) The Agency shall not issue any of the construction
permits described in subsection (aa) unless the applicant for
the permit submits to the Agency with its permit application
proof that the permit applicant has conducted an environmental
justice assessment for the proposed project. The environmental
justice assessment shall consist of the following:
(1) Air dispersion modeling examining the air
quality-related impacts from the proposed project in
combination with existing mobile and stationary air
pollutant emitting sources.
The air dispersion modeling must address emissions
associated with issuance of the permit.
If the air dispersion modeling reveals estimated off-site
impacts from the proposed project, the applicant shall also

HB1608 - 37 - LRB104 08109 BDA 18155 b
identify efforts that will be undertaken by the applicant
during the construction or operation of the new source to
mitigate such impacts.
(2) A modeling protocol submitted to the Agency for review
and consideration prior to performance of the air dispersion
modeling. The modeling protocol shall include analyses
sufficient to evaluate short-term impacts to air quality and
impacts to air quality from nonstandard operating conditions,
such as worst-case emission estimates under a variety of
weather and atmospheric conditions and emissions associated
with startup, shutdown, maintenance, and outages. Any Agency
recommendations for revisions to the modeling protocol shall
be provided in writing to the applicant within 120 days after
receipt of the modeling protocol. The modeling shall be
performed using accepted USEPA methodologies.
(3) An environmental impact review evaluating the direct,
indirect, and cumulative environmental impacts within the
environmental justice community that are associated with the
proposed project. The environmental impact review shall
include, but shall not be limited to, the following:
(A) a qualitative and quantitative assessment of
emissions-related impacts of the project on the area,
including an estimate of the maximum allowable emissions
of criteria pollutants and hazardous air pollutants from
the source; and
(B) an assessment of the health-based indicators for

HB1608 - 38 - LRB104 08109 BDA 18155 b
inhalation exposure, including, but not limited to,
impacts to the respiratory, hematological, neurological,
cardiovascular, renal, and hepatic systems and cancer
rates.
The environmental justice assessment must be completed by
an independent third party.
If the environmental justice assessment shows that the
proposed project will cause harm to the environment or public
health, the Agency shall impose conditions in the permit that
will mitigate such harm, or it shall deny the permit if such
harm is unavoidable and causes or contributes to
disproportionate harm.
The Agency shall propose and the Board shall adopt rules
regarding the implementation of this subsection (bb),
including, at a minimum, the type and nature of air dispersion
modeling, the contents of the modeling protocol and
environmental impact review, and a description of harm and
disproportionate harm that may be evidenced by the
environmental justice assessment.
(cc) The Agency shall not issue any of the following
construction permits unless the Agency conducts an evaluation
of the prospective owner's or operator's prior experience in
owning and operating sources of air pollution: (i) a
construction permit for a new source that is to be located in
an environmental justice community, that will require a CAAPP
permit or a federally enforceable State operating permit, and

HB1608 - 39 - LRB104 08109 BDA 18155 b
that would be authorized under that permit to increase annual
permitted emissions; (ii) a construction permit for any
existing source that is located in an environmental justice
community, that, on the effective date of this amendatory Act
of the 104th General Assembly, possesses a CAAPP permit or
federally enforceable State operating permit, and that would
be authorized under that permit to increase annual permitted
emissions; or (iii) a construction permit for any existing
source that is located in an environmental justice community,
that would require a new CAAPP permit or new federally
enforceable State operating permit for the first time, and
that would be authorized under that permit to increase annual
permitted emissions. The Agency may deny the permit if the
prospective owner or operator or any employee or officer of
the prospective owner or operator or any board member has 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.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;

HB1608 - 40 - LRB104 08109 BDA 18155 b
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(415 ILCS 5/39.15 new)
Sec. 39.15. Environmental justice considerations in
permitting.
(a) The following public participation requirements for
permitting transactions in an environmental justice community
must be complied with:
(1) If an application for a permit, permit renewal, or
permit modification is subject to public notice and
comment requirements under this Act, rules adopted by the
Board, or rules adopted by the Agency, and the application
is for a facility or source in an environmental justice
community, the Agency must comply with existing applicable
requirements for public notice.
(2) In addition to the public notice requirements
referenced in paragraph (1), the Agency shall provide the
public with notice of an application for a permit, permit
renewal, or permit modification if the facility or
proposed facility is located or is to be located in an
environmental justice community for individual minor or
major NPDES permits issued under subsection (b) of Section
39.
The public notice shall be provided: (i) by prominent
placement at a dedicated page on the Agency's website; (ii) to
local elected officials in the area where the facility or

HB1608 - 41 - LRB104 08109 BDA 18155 b
proposed facility is located or is to be located, including
the mayor or president, clerk, county board chairman, county
clerk, and State's Attorney; and (iii) to members of the
General Assembly from the legislative district in which the
facility or proposed facility is located or is to be located.
The public notice shall include: (i) the name and address
of the permit applicant and the facility or proposed facility;
and (ii) the activity or activities at the facility or
proposed facility being permitted.
(b) If the population of individuals who reside within one
mile of the site or facility includes individuals within a
linguistically isolated community, then the Agency must also
provide:
(1) all public notices required by this Section in a
multilingual format appropriate to the needs of the
linguistically isolated community; and
(2) oral and written translation services at public
hearings.
(c) For permit applications for facilities in an
environmental justice community, the Director of the Agency
may grant extensions of any permitting deadlines established
in this Act by up to an additional 180 days to allow for
additional review of the permit application by the Agency or
additional public participation. Any exercise of this
authority shall be provided in writing to the permit applicant
with the specific reason and new permitting deadline.

HB1608 - 42 - LRB104 08109 BDA 18155 b
(d) Further, for any of the following construction
permits, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in owning
and operating sources of air pollution: (i) a construction
permit for a new source that is to be located in an
environmental justice community, that will require a CAAPP
permit or a federally enforceable State operating permit, and
that would be authorized under that permit to increase annual
permitted emissions; (ii) a construction permit for any
existing source that is located in an environmental justice
community that, on the effective date of this amendatory Act
of the 104th General Assembly, possesses a CAAPP permit or
federally enforceable State operating permit and that would be
authorized under that permit to increase annual permitted
emissions; or (iii) a construction permit for any existing
source that is located in an environmental justice community
that would require a new CAAPP permit or new federally
enforceable State operating permit for the first time and that
would be authorized under that permit to increase annual
permitted emissions. The Agency has the authority to deny such
a permit transaction if the prospective owner or operator or
any employee or officer of the prospective owner or operator
or board member or manager has 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;

HB1608 - 43 - LRB104 08109 BDA 18155 b
(2) conviction in this State, another state, or
federal court of knowingly submitting false information
under any law, rule, regulation, or permit term or
condition regarding the environment; or
(3) proof of gross carelessness or incompetence in the
ownership or operation of a source of air pollution.
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a)(1) If the Agency refuses to grant or grants with
conditions a permit under Section 39 of this Act, the
applicant may, within 35 days after the date on which the
Agency served its decision on the applicant, petition for a
hearing before the Board to contest the decision of the
Agency. However, the 35-day period for petitioning for a
hearing may be extended for an additional period of time not to
exceed 90 days by written notice provided to the Board from the
applicant and the Agency within the initial appeal period. The
Board shall give 21 days' notice to any person in the county
where is located the facility in issue who has requested
notice of enforcement proceedings and to each member of the
General Assembly in whose legislative district that
installation or property is located; and shall publish that
21-day notice in a newspaper of general circulation in that
county. The Agency shall appear as respondent in such hearing.
At such hearing the rules prescribed in Section 32 and

HB1608 - 44 - LRB104 08109 BDA 18155 b
subsection (a) of Section 33 of this Act shall apply, and the
burden of proof shall be on the petitioner. If, however, the
Agency issues an NPDES permit that imposes limits which are
based upon a criterion or denies a permit based upon
application of a criterion, then the Agency shall have the
burden of going forward with the basis for the derivation of
those limits or criterion which were derived under the Board's
rules.
(2) Except as provided in paragraph (a)(3), if there is no
final action by the Board within 120 days after the date on
which it received the petition, the petitioner may deem the
permit issued under this Act, provided, however, that that
period of 120 days shall not run for any period of time, not to
exceed 30 days, during which the Board is without sufficient
membership to constitute the quorum required by subsection (a)
of Section 5 of this Act, and provided further that such 120
day period shall not be stayed for lack of quorum beyond 30
days regardless of whether the lack of quorum exists at the
beginning of such 120-day period or occurs during the running
of such 120-day period.
(3) Paragraph (a)(2) shall not apply to any permit which
is subject to subsection (b), (d) or (e) of Section 39. If
there is no final action by the Board within 120 days after the
date on which it received the petition, the petitioner shall
be entitled to an Appellate Court order pursuant to subsection
(d) of Section 41 of this Act.

HB1608 - 45 - LRB104 08109 BDA 18155 b
(b) If the Agency grants a RCRA permit for a hazardous
waste disposal site, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board for a
hearing to contest the issuance of the permit. Unless the
Board determines that such petition is duplicative or
frivolous, or that the petitioner is so located as to not be
affected by the permitted facility, the Board shall hear the
petition in accordance with the terms of subsection (a) of
this Section and its procedural rules governing denial
appeals, such hearing to be based exclusively on the record
before the Agency. The burden of proof shall be on the
petitioner. The Agency and the permit applicant shall be named
co-respondents.
The provisions of this subsection do not apply to the
granting of permits issued for the disposal or utilization of
sludge from publicly owned sewage works.
(c) Any party to an Agency proceeding conducted pursuant
to Section 39.3 of this Act may petition as of right to the
Board for review of the Agency's decision within 35 days from
the date of issuance of the Agency's decision, provided that
such appeal is not duplicative or frivolous. However, the
35-day period for petitioning for a hearing may be extended by
the applicant for a period of time not to exceed 90 days by
written notice provided to the Board from the applicant and
the Agency within the initial appeal period. If another person

HB1608 - 46 - LRB104 08109 BDA 18155 b
with standing to appeal wishes to obtain an extension, there
must be a written notice provided to the Board by that person,
the Agency, and the applicant, within the initial appeal
period. The decision of the Board shall be based exclusively
on the record compiled in the Agency proceeding. In other
respects the Board's review shall be conducted in accordance
with subsection (a) of this Section and the Board's procedural
rules governing permit denial appeals.
(d) In reviewing the denial or any condition of a NA NSR
permit issued by the Agency pursuant to rules and regulations
adopted under subsection (c) of Section 9.1 of this Act, the
decision of the Board shall be based exclusively on the record
before the Agency including the record of the hearing, if any,
unless the parties agree to supplement the record. The Board
shall, if it finds the Agency is in error, make a final
determination as to the substantive limitations of the permit
including a final determination of Lowest Achievable Emission
Rate.
(e)(1) If the Agency grants or denies a permit under
subsection (b) of Section 39 of this Act, a third party, other
than the permit applicant or Agency, may petition the Board
within 35 days from the date of issuance of the Agency's
decision, for a hearing to contest the decision of the Agency.
(2) A petitioner shall include the following within a
petition submitted under subdivision (1) of this subsection:
(A) a demonstration that the petitioner raised the

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issues contained within the petition during the public
notice period or during the public hearing on the NPDES
permit application, if a public hearing was held; and
(B) a demonstration that the petitioner is so situated
as to be affected by the permitted facility.
(3) If the Board determines that the petition is not
duplicative or frivolous and contains a satisfactory
demonstration under subdivision (2) of this subsection, the
Board shall hear the petition (i) in accordance with the terms
of subsection (a) of this Section and its procedural rules
governing permit denial appeals and (ii) exclusively on the
basis of the record before the Agency. The burden of proof
shall be on the petitioner. The Agency and permit applicant
shall be named co-respondents.
(f) Any person who files a petition to contest the
issuance of a permit by the Agency shall pay a filing fee.
(g) If the Agency grants or denies a permit under
subsection (y) of Section 39, a third party, other than the
permit applicant or Agency, may appeal the Agency's decision
as provided under federal law for CCR surface impoundment
permits.
(h) If the Agency grants a permit to construct, modify, or
operate a facility that emits air pollutants and is classified
as a minor source, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board for a

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hearing to contest the issuance of the permit. Unless the
Board determines that the petition is duplicative or frivolous
or that the petitioner is so located as to not be affected by
the permitted facility, the Board shall hear the petition in
accordance with the terms of subsection (a) of this Section
and its procedural rules governing denial appeals. The hearing
shall be based exclusively on the record before the Agency.
The burden of proof shall be on the petitioner. The Agency and
the permit applicant shall be named co-respondents.
(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
(415 ILCS 5/40.4 new)
Sec. 40.4. Environmental justice grievance.
(a) An environmental justice grievance process, subject to
the provisions of this Section, applies to complaints alleging
violations of Section 601 of the federal Civil Rights Act of
1964.
(b) An environmental justice grievance must allege
discrimination on the basis of an individual's actual or
perceived race, color, religion, national origin, citizenship,
ancestry, age, sex, marital status, order of protection
status, conviction record, arrest record, disability, military
status, sexual orientation, gender identity, gender
expression, pregnancy, or unfavorable discharge from military
service.
(c) To initiate the environmental justice grievance

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process a person must file a complaint with the Agency within
60 days after an alleged violation. The Agency, in its
discretion, may waive the 60-day deadline for good cause. The
complaint must: (1) be in writing; (2) describe with
specificity the discrimination alleged; and (3) identify the
parties impacted by the alleged discrimination.
(d) The complaint under subsection (c) must be addressed
to the Illinois Environmental Protection Agency Environmental
Justice Officer at the address of record for the Environmental
Justice Officer.
(e) Within 10 days after receiving the complaint filed
under subsection (c), the Agency shall provide written notice
of receipt and acceptance of the complaint. If the Agency
determines that it has jurisdiction to review the complaint,
the complaint will be considered meritorious, unless:
(1) the complaint clearly appears on its face to be
frivolous or trivial;
(2) the complaint is not timely and good cause does
not exist to waive timeliness;
(3) the Agency, within the time allotted to
investigate the complaint, voluntarily concedes
noncompliance and agrees to take appropriate remedial
action or agrees to an informal resolution of the
complaint; or
(4) the complainant, within the time allotted for the
complaint to be investigated, withdraws the complaint.

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