Environmental justice (EJ) has become an increasingly important part of environmental air permitting programs across the United States. States including California, Massachusetts, New Jersey, New York, and Pennsylvania have expanded permitting frameworks to evaluate whether proposed projects may disproportionately affect communities that have historically experienced greater environmental and public health burdens.
Illinois has now joined that trend with Senate Bill 3772 (SB 3772), which Gov. JB Pritzker signed into law on August 7, 2026. For organizations planning projects that require air construction permits, the legislation codifies and publicly clarifies factors the Illinois Environmental Protection Agency (Illinois EPA) considers when evaluating permit applications in environmental justice areas. Although implementation will continue through rulemaking and agency guidance, understanding the bill now can help facilities prepare for future permitting requirements.
Background
SB 3772 builds on commitments the Illinois EPA made in a 2024 Informal Resolution Agreement with the U.S. EPA to strengthen EJ reviews for certain permitting actions. The legislation incorporates those commitments into state law and identifies specific factors the agency may consider when reviewing certain air construction permit applications located in or affecting Areas of Environmental Justice Concern (EJ Concern Areas).
Key Provisions of SB 3772
- Establishes an Office of Environmental Justice and Environmental Justice Officer
- Creates a statewide methodology for identifying EJ Concern Areas using environmental and socioeconomic indicators.
- Requires enhanced review of certain air construction permits submitted on or after January 1, 2027.
- Expands public notification and transparency requirements.
- Allows Illinois EPA to consider cumulative impacts, compliance history, and mitigation measures during permit review.
- Authorizes additional permit conditions where appropriate.
Why This Matters for Project Development
SB 3772 does not change the underlying technical requirements for obtaining an air construction permit. Rather than creating entirely new permitting criteria, the legislation identifies specific EJ-related factors the Illinois EPA may consider during evaluation. In addition to demonstrating compliance with applicable air regulations, applicants should be prepared to address cumulative environmental burdens, nearby sensitive populations, compliance history, and opportunities to further reduce project emissions.
As a result, EJ considerations may need to be incorporated much earlier in project planning. Developers should evaluate whether a proposed project is in or near an EJ Concern Area, assess potential EJ issues during project design, and identify opportunities to reduce emissions or incorporate other mitigation measures before submitting a permit application.
The legislation also establishes a formal methodology for identifying EJ Concern Areas using a statewide screening approach that combines environmental and socioeconomic indicators. Areas are designated based on a relative statewide ranking and include qualifying census block groups as well as areas within one mile of those block groups. Because these designations may change as underlying data are updated, facilities may need to periodically reassess whether future projects could be subject to enhanced review.
Depending on the project, the Illinois EPA may evaluate cumulative environmental impacts, nearby schools, hospitals, daycare centers, and other sensitive populations, an applicant’s compliance history, and whether additional mitigation measures or permit conditions are appropriate. The legislation also places greater emphasis on public notification, transparency, and community engagement throughout the permitting process.
Conclusion
With the law now enacted, enhanced review requirements for qualifying air construction permit applications submitted on or after January 1, 2027, will establish a defined framework for these considerations. This does not necessarily mean projects will be more difficult to permit, nor does SB 3772 establish a new permit denial standard based solely on EJ concerns. Rather, the legislation increases transparency into how certain permit applications are evaluated and places greater emphasis on documenting EJ-related considerations, public engagement efforts, and mitigation opportunities where appropriate. Organizations that proactively consider EJ during project development will be better positioned to navigate the permitting process efficiently as the bill is implemented.
Sources:
- Illinois General Assembly Bill Status Page (primary)
- Illinois General Assembly Bill Text (primary)
- Illinois EPA, Governor Pritzker Signs Legislation Insulating Illinois from Trump Administration’s Anti-Environment Agenda (Aug. 2026)
- IEPA website (agency background)
- IEPA EJ website (agency background)
- Illinois Environmental Council article (stakeholder reaction, if relevant)
About This Series
This article is the first in CEC’s Environmental Justice and Air Permitting Series. Upcoming articles will examine how EJ permitting programs operate across the United States, practical steps facilities can take to prepare for EJ reviews, and strategies for managing cumulative impacts and community engagement during project development.
CEC has been following the EJ rulemaking process in the state of Illinois and throughout the country, and our team is continuing to assist clients in navigating the ever-changing regulatory landscape. If you have any questions regarding environmental justice and how your projects may be impacted, please contact our experts:
Carla Adduci | Principal
cadduci@cecinc.com, 267.568.2300
Leah Blinn | Corporate Air Quality Practice Lead
lblinn@cecinc.com, 412.249.1607
Johanna Clifford | Project Manager III
jclifford@cecinc.com, 630.949.2749
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