(415 ILCS 85/6)
(from Ch. 111 1/2, par. 7956)
Toxic Pollution Prevention Innovation Plan.
(a) Beginning January 1, 1990, any person may submit to the Agency a plan
which proposes to achieve toxic pollution prevention through the use of an
innovative production process involving a new application of technology or
a combination of existing technologies that have not previously been
implemented together. Such plan shall describe the innovative production
process, the expected benefits, and the proposed implementation schedule.
The plan shall also describe any potential problems that might occur under
the plan with respect to compliance with State environmental laws or
regulations pertaining to the release or disposal of toxic substances.
(b) The Agency shall concur with a proposed toxic pollution prevention
innovation plan if the owner or operator of the affected facility
demonstrates to the Agency that:
(1) the proposed process will be effective in toxic pollution prevention;
(2) the proposed process will achieve at least the level of toxic
pollution prevention of other available processes; and
(3) the proposed process is not reasonably expected to have any
significant adverse effect on public health or the environment in the
course of its operation, function or malfunction.
If the Agency does not concur with the proposed plan, the Agency shall
provide the owner or operator with a written statement of the reasons
for its refusal to concur, and the owner or operator may modify the plan or
submit a new plan for review.
(c) The Agency shall consider any potential compliance problems that are
identified during the review process. To the extent feasible under
applicable law and consistent with prudent environmental practices, the
Agency shall make every reasonable effort to accommodate a proposed process
with which it has concurred. Such accommodation may include, without
limitation, the following:
(1) expedited coordination and processing of any applicable permit applications;
(2) cooperation, as appropriate, with any request for an applicable
variance, adjusted standard or site-specific standard pursuant to the
Environmental Protection Act; and
(3) appropriate technical assistance to avoid or eliminate any potential
compliance problems resulting from the proposed process.
(d) The Agency shall establish rules and procedures for concurring with
toxic pollution prevention innovation plans within one year after the
effective date of this Act. Under such rules and procedures, the Agency shall
make a final determination within 120 days after receiving a proposed plan.
Any such concurrence shall be for a period not exceeding 2 years.
(e) The Agency shall monitor the implementation and effectiveness of any
toxic pollution prevention innovation plan that is implemented under this
Section. The Agency may use monies from the Environmental Protection Permit
Inspection Fund to implement this Section.
(Source: P.A. 86-914.)