HB 4093

Abstract

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. Provides that a supplemental fee of $200,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. 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 "environmental justice community". Contains other provisions. House Floor Amendment No. 1 Adds reference to: 415 ILCS 5/39.5 from Ch. 111 1/2, par. 1039.5 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language requiring 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. Requires the Agency to conduct an evaluation of a prospective CAAPP permit owner's or operator's prior experience in owning and operating sources of air pollution. Provides that the Agency may deny such a permit if the prospective owner or operator or any employee or officer of the prospective owner or operator or any employee or board member has a history of specified criminal actions. Removes language requiring the air dispersion modeling to examine air quality related impacts to determine estimated emissions of specified pollutants. Makes other changes.