To Members of the Illinois Environmental Regulatory Group:
IERG Staff recently became aware of significant changes being implemented by the Illinois EPA to its Environmental Justice Public Participation Policy. In part prompted by its settlement of a Title VI Environmental Justice Complaint with U.S. EPA’s Office of Civil Rights, the Illinois EPA is significantly expanding its EJ program by requiring “enhanced public outreach” and consideration of “cumulative risk” when it deems such actions appropriate. Unfortunately, the details at this point are murky, but IERG Staff is alerting Members now so that they can be aware that these changes are now being implemented. Staff will forward more information as soon as it becomes available.
Staff is familiar with some general aspects of these changes, based on a number of recent developments, including 1) IERG Staff’s participation in last Tuesday’s Environmental Justice Advisory Group Meeting, 2) feedback yesterday from a Member who has a construction permit that has been the subject of this enhanced public outreach, and 3) discussions this morning with the Agency attorney who defended Illinois EPA in the Title VI complaint referenced above (for those interested, you may review the settlement at http://goo.gl/e01z7, then click on the link for Illinois EPA). At this time, IERG Staff understands that the Agency has been sending notices for the last two weeks to elected officials and interested parties (such as environmental groups) for all permitting transactions at “red-flagged” facilities. The notices are very brief, provide only minimal information outside of a basic description, and direct questions to the Agency’s Office of Community Relations.
It is unclear at this time how the Agency determines to red flag a facility. Based on our discussions with the Agency, they are making these decisions based on whether a facility is located in an EJ area (>20% of populace below poverty, >30% of populace is minority), but Staff questions whether this is accurate. In fact, the “enhanced outreach” IERG Staff is already aware of is arguably NOT in an EJ area. Agency Staff also indicated that ANY permitting transaction is subject to this new outreach, including even administrative changes like a name change.
IERG Staff has made it clear to the Agency that it is critical for our Members to understand what is expected of them in the permitting process, and that implementing these changes before engaging in sufficient outreach with the regulated community is very troubling. We have requested a meeting with the Director, as well as copies of the updated Public Participation Policy, the new “red-flagging” policy (such that a formal policy exists), and access to the Illinois EPA’s EJ Screening Tool. IERG Staff will disseminate any new information we receive as soon as possible.