093_HB3508enr

 
HB3508 Enrolled                      LRB093 02579 LRD 02589 b

 1        AN ACT in relation to environmental matters.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Environmental Protection Act  is  amended
 5    by changing Sections 52.3-1, 52.3-2, and 52.3-4 as follows:

 6        (415 ILCS 5/52.3-1)
 7        Sec. 52.3-1.  Findings; purpose.
 8        (a)  The General Assembly finds that:
 9             (1)  During  the last decade, considerable expertise
10        in   pollution   prevention,   sophisticated    emissions
11        monitoring  and  tracking techniques, compliance auditing
12        methods,   stakeholder   involvement,   and    innovative
13        approaches to control pollution have been developed.
14             (2)  Substantial  opportunities  exist to reduce the
15        amount of or prevent adverse impacts  from  emissions  or
16        discharges  of  pollutants  or  wastes through the use of
17        innovative and  cost  effective  measures  not  currently
18        recognized  by  or  allowed  under existing environmental
19        laws, rules, and regulations.
20             (3)  There are persons regulated under this Act  who
21        have    demonstrated   excellence   and   leadership   in
22        environmental  compliance  or  stewardship  or  pollution
23        prevention and, through the implementation of  innovative
24        measures, who can achieve further reductions in emissions
25        or  discharges  of  pollutants  or  wastes  or  continued
26        environmental stewardship.
27             (4)  Current   environmental  laws  and  regulations
28        have,  in  some   instances,   resulted   in   burdensome
29        transactional  requirements that are unnecessarily costly
30        and complex for regulated entities and have proven to  be
31        frustrating   to  the  public  that  is  concerned  about
 
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 1        environmental protection.
 2             (5)  The goals of environmental protection  will  be
 3        best  served  by  promoting and evaluating the efforts of
 4        those persons who are ready  to  achieve  measurable  and
 5        verifiable   pollution   reductions   in  excess  of  the
 6        otherwise    applicable    statutory    and    regulatory
 7        requirements or who can  demonstrate  real  environmental
 8        risk  reduction,  promote  pollution  prevention,  foster
 9        superior   environmental   compliance  by  other  persons
10        regulated under this Act, and who can improve stakeholder
11        involvement in environmental decision making.
12             (6)  The  United  States  Environmental   Protection
13        Agency  is  operating  a pilot program entitled "National
14        Environmental  Performance  Track"  65  Federal  Register
15        41655 (July 6, 2000) (Federal Performance Track  Program)
16        to  recognize and reward businesses and public facilities
17        that demonstrate strong environmental performance  beyond
18        current  regulatory requirements. "Regulatory Reinvention
19        (XL) Pilot Project," 60 Federal Register 27282  (May  23,
20        1995)  (Federal  XL  Program),  to  allow  members of the
21        regulated   community   the   flexibility   to    develop
22        alternative   strategies   that   will  replace  specific
23        regulatory  requirements  on  the  condition  that   they
24        produce    greater    environmental    benefits,   reduce
25        administrative burdens, and enhance public participation.
26        There  should  be  a  process  that   allows   regulatory
27        flexibility  available  to  a  participant in the Federal
28        Performance Track Program a proposal accepted  under  the
29        Federal  XL  Program to be also granted in implemented at
30        the  State  level  if  the  participant's  proposal   the
31        proposal  achieves  one  or  more of the purposes of this
32        Section and is acceptable to the Agency.
33             (7)  A  process  for  implementing  and   evaluating
34        innovative  environmental  measures  on  a  pilot project
 
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 1        basis should be developed and implemented in this State.
 2        (b)  It is the  purpose  of  this  Section  to  create  a
 3    voluntary  pilot  program  by which the Agency may enter into
 4    Environmental  Management  System  Agreements  with   persons
 5    regulated    under   this   Act   to   implement   innovative
 6    environmental measures not otherwise  recognized  or  allowed
 7    under  existing  laws  and regulations of this State if those
 8    measures:
 9             (1)  achieve emissions reductions or  reductions  in
10        discharges  or  wastes  beyond  the  otherwise applicable
11        statutory and regulatory requirements  through  pollution
12        prevention or other suitable means; or
13             (2)  achieve  real  environmental  risk reduction or
14        foster  environmental   compliance   by   other   persons
15        regulated  under  this  Act  in  a manner that is clearly
16        superior to the existing regulatory system.
17        These Agreements may be executed with participants in the
18    Federal Performance Track Program if the  provisions  include
19    proposals accepted under the Federal XL Program, provided the
20    proposals  achieve  one or more purposes of subsection (b)(1)
21    or (2) of this Section and are acceptable to the Agency.
22        (c)  This  program  is   a   voluntary   pilot   program.
23    Participation  is  at  the  discretion of the Agency, and any
24    decision by the Agency to reject an  initial  proposal  under
25    this  Section  is not appealable. An initial Agreement may be
26    renewed for appropriate time periods if the Agency finds  the
27    Agreement  continues  to meet applicable requirements and the
28    purposes of this Section.
29        (d)  The Agency shall develop and make publicly available
30    a program guidance document regarding  participation  in  the
31    pilot  program.   A  draft  document shall be distributed for
32    review and comment by interested parties and a final document
33    shall be completed by December 1, 1996.  At a  minimum,  this
34    document shall include the following:
 
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 1             (1)  The  approximate  number  of  projects that the
 2        Agency envisions being part of the pilot program.
 3             (2)  The types of projects and facilities  that  the
 4        Agency  believes would be most useful to be a part of the
 5        pilot program.
 6             (3)  A    description    of    potentially    useful
 7        environmental management systems, such as ISO 14000.
 8             (4)  A   description   of   suitable   Environmental
 9        Performance Plans, including  appropriate  provisions  or
10        opportunities  for  promoting  pollution  prevention  and
11        sustainable development.
12             (5)  A  description  of  practices and procedures to
13        ensure that performance is measurable and verifiable.
14             (6)  A characterization of less-preferred  practices
15        that   can   generate   adverse   consequences   such  as
16        multi-media pollutant transfers.
17             (7)  A  description  of   suitable   practices   for
18        productive stakeholder involvement in project development
19        and  implementation  that  may  include,  but need not be
20        limited   to,   consensus-based   decision   making   and
21        appropriate technical assistance.
22        (e)  The  Agency  has  the  authority  to   develop   and
23    distribute  written guidance, fact sheets, or other documents
24    that explain, summarize, or describe programs operated  under
25    this  Act or regulations.  The written guidance, fact sheets,
26    or other documents shall not be considered  rules  and  shall
27    not be subject to the Illinois Administrative Procedure Act.
28    (Source: P.A. 92-397, eff. 1-1-02.)

29        (415 ILCS 5/52.3-2)
30        Sec. 52.3-2.  Agency authority; scope of agreement.
31        (a)  The  Agency  may enter into an initial Environmental
32    Management System Agreement with any person  regulated  under
33    this  Act to implement innovative environmental measures that
 
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 1    relate to or involve provisions of this Act, even if  one  or
 2    more  of the terms of such an Agreement would be inconsistent
 3    with an otherwise applicable statute or  regulation  of  this
 4    State.   Participation  in  this  program is limited to those
 5    persons who have submitted an Environmental Management System
 6    Agreement that is acceptable to the Agency and  who  are  not
 7    currently subject to enforcement action under this Act.
 8        (b)  The Agency may adopt rules to implement this Section
 9    if less than 6 Agreements are executed, but shall adopt rules
10    to  implement  this  Section  if  6  or  more  Agreements are
11    executed.    Without  limiting   the   generality   of   this
12    authority, those regulations may, among other things:
13             (1)  Specify  the criteria an applicant must meet to
14        participate in this program.
15             (2)  Specify the  minimum  contents  of  a  proposed
16        Environmental  Management  System  Agreement,  including,
17        without limitation, the following:
18                  (A)  requiring  identification of all State and
19             federal statutes, rules, and regulations  applicable
20             to the facility;
21                  (B)  requiring  identification of all statutes,
22             rules, and regulations that  are  inconsistent  with
23             one  or  more  terms  of  the proposed Environmental
24             Management System Agreement;
25                  (C)  requiring a statement of how the  proposed
26             Environmental   Management   System  Agreement  will
27             achieve one or more of the purposes of this Section;
28                  (D)  requiring identification of those  members
29             of  the  general  public,  representatives  of local
30             communities, and environmental groups who  may  have
31             an  interest  in the Environmental Management System
32             Agreement; and
33                  (E)  requiring   identification   of   how    a
34             participant will demonstrate ongoing compliance with
 
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 1             the  terms  of  its  Environmental Management System
 2             Agreement, which may  include  an  evaluation  of  a
 3             participant's  performance  under  the Environmental
 4             Management  System  Agreement  by  a   third   party
 5             acceptable  to  the  Agency.   Compliance  with  the
 6             Agreement   shall   be   determined  not  less  than
 7             annually.
 8             (3)  Specify the procedures for review by the Agency
 9        of Environmental Management System Agreements.
10             (4)  Specify the procedures for public participation
11        in, including notice of  and  comment  on,  Environmental
12        Management  System Agreements and stakeholder involvement
13        in design and implementation of  specific  projects  that
14        are undertaken.
15             (5)  Specify    the    procedures    for   voluntary
16        termination  of  an   Environmental   Management   System
17        Agreement.
18             (6)  Specify the type of performance guarantee to be
19        provided  by  an  applicant  for  participation  in  this
20        program.   The  nature of the performance guarantee shall
21        be  directly   related   to   the   complexity   of   and
22        environmental   risk   associated   with   the   proposed
23        Environmental Management System Agreement.
24        (c)  The  Agency  shall propose by December 31, 1996, and
25    the Board  shall  promulgate,  criteria  and  procedures  for
26    involuntary  termination  of  Environmental Management System
27    Agreements. The Board shall complete such rulemaking no later
28    than 180 days after receipt of the Agency's proposal.
29        (d)  After July 1, 2003, On or before December 31,  2001,
30    the Agency may enter into an initial Environmental Management
31    System   Agreement   with  any  participant  in  the  Federal
32    Performance Track Program Agreements prior to adopting  rules
33    under  this Section, if the proposals for the Agreements have
34    been accepted under the Federal  XL  Program,  in  accordance
 
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 1    with the following:
 2             (1)  The  participant  submits  An  applicant  shall
 3        submit,  in  writing, a proposed Environmental Management
 4        System Agreement to the Director of the Agency.
 5             (1.5)  The  Agency  shall  provide  notice  to   the
 6        public,  including  an opportunity for public comment and
 7        hearing in accordance with the procedures set forth in 35
 8        Ill. Adm. Code Part 164, on each proposal filed with  the
 9        Agency under this subsection (d).
10             (2)  The Agency shall have 120 days after the public
11        comment   period,   unless   the  participant  grants  an
12        extension, to execute to review a proposed  Environmental
13        Management System Agreement.
14             (3)  The  Agency's  Failure  to execute an agreement
15        notify an applicant in writing that  it  has  accepted  a
16        proposal shall be deemed a rejection.
17             (4)  A   rejection   of   a  proposed  Environmental
18        Management System Agreement by the Agency  shall  not  be
19        appealable.
20             (5)  The  Agency shall provide notice to the public,
21        including an opportunity for public comment  and  hearing
22        in  accordance  with  the procedures set forth in 35 Ill.
23        Adm. Code Part 164, on  each  proposal  accepted  by  the
24        Agency  under  this  subsection  (d).   The  Agency shall
25        provide such notice, including an opportunity for  public
26        comment  and hearing, prior to executing an Environmental
27        Management System Agreement.
28             (6)  Prior to promulgation of  rules  under  Section
29        52.3-2(c),  each  Agreement  shall  specify the terms and
30        conditions under  which  the  Agency  may  terminate  the
31        Agreement.
32             (7)  Each  Agreement  shall  provide for appropriate
33        stakeholder involvement in a manner that is conducive  to
34        productive  participation,  equitable decision making and
 
HB3508 Enrolled             -8-      LRB093 02579 LRD 02589 b
 1        open  exchange   of   information   in   developing   and
 2        implementing the Agreement.
 3    (Source: P.A. 92-397, eff. 1-1-02.)

 4        (415 ILCS 5/52.3-4)
 5        Sec. 52.3-4.  Performance assurance.
 6        (a)  The  Agency  shall  ensure  that  each Environmental
 7    Management System Agreement contains  appropriate  provisions
 8    for  performance  assurance.    Those  provisions may specify
 9    types  of  performance  guarantees  to  be  provided  by  the
10    participant to assure performance of the terms and conditions
11    of the Agreement.
12        (b)  In the case of deficient performance of any term  or
13    condition  in  an  Environmental  Management System Agreement
14    that  prevents  achievement  of  the   stated   purposes   in
15    subsection  (b)  of  Section 52.3-1, the Agency may terminate
16    the  Agreement  and  the  participant  may  be   subject   to
17    enforcement  in  accordance with the provisions of Section 31
18    or 42 of this Act.
19        (b-5)  The Agency may  terminate  an  Agreement  executed
20    pursuant to subsection (d) of Section 52.3-1 if participation
21    in the Federal Performance Track Program ceases.
22        (c)  If  the  Agreement is terminated, the facility shall
23    have sufficient time to apply for and receive  any  necessary
24    permits  to  continue  the  operations  in  effect during the
25    course of the  Environmental  Management  Systems  Agreement.
26    Any  such  application  shall  also  be  deemed  a timely and
27    complete application for renewal of an existing permit  under
28    applicable law.
29        (d)  The  Agency  may  adopt  rules that are necessary to
30    carry out its duties under this Section  including,  but  not
31    limited  to,  rules  that  provide mechanisms for alternative
32    dispute resolution and performance assurance.
33        (e)  Nothing in this Section shall limit the authority or
 
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 1    ability of a State's Attorney  or  the  Attorney  General  to
 2    proceed  pursuant to Section 43(a) of this Act, or to enforce
 3    Section 44 or 44.1 of this Act, except that for the  purposes
 4    of enforcement under Section 43(a), 44, or 44.1, an Agreement
 5    shall  be  deemed  to  be  a  permit issued under this Act to
 6    engage in activities authorized under the Agreement.
 7    (Source: P.A. 89-465, eff. 6-13-96.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.