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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ENVIRONMENTAL SAFETY (415 ILCS 5/) Environmental Protection Act. 415 ILCS 5/7.2
(415 ILCS 5/7.2) (from Ch. 111 1/2, par. 1007.2)
Sec. 7.2. Identical in substance rulemakings. (a) In the context of a mandate that the Board adopt regulations
to secure federal authorization for a program, regulations that are
"identical in substance" means State regulations which require the same
actions with respect to protection of the environment, by the same group of
affected persons, as would federal regulations if USEPA administered
the subject program in Illinois. After consideration of comments from the
USEPA, the Agency, the Attorney General and the public, the Board shall
adopt the verbatim text of such USEPA regulations as are necessary and
appropriate for authorization of the program. In adopting "identical in
substance" regulations, the only changes that may be made by the Board to
the federal regulations are those changes that are necessary for compliance
with the Illinois Administrative Code, and technical changes that in no way
change the scope or meaning of any portion of the regulations, except as
follows:
(1) The Board shall not adopt the equivalent of USEPA | | rules that are not applicable to persons or facilities in Illinois, that govern the program authorization process, that are appropriate only in USEPA-administered programs, or that govern actions to be taken by USEPA, other federal agencies or other states.
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(2) The Board shall not adopt rules prescribing
| | things which are outside the Board's normal functions, such as rules specifying staffing or funding requirements for programs.
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(3) If a USEPA rule prescribes the contents of a
| | State regulation without setting forth the regulation itself, which would be an integral part of any regulation required to be adopted as an "identical in substance" regulation as defined in this Section, the Board shall adopt a regulation as prescribed, to the extent possible consistent with other relevant USEPA regulations and existing State law. The Board may not use this subsection to adopt any regulation which is a required rule as that term is defined by Section 28.2 of this Act. To the extent practicable, the Board in its proposed and adopted opinion shall include its rationale for adopting such regulation.
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(4) Pursuant to subsection (a) of Section 5-75 of the
| | Illinois Administrative Procedure Act, the Board may incorporate USEPA rules by reference where it is possible to do so without causing confusion to the affected public.
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(5) If USEPA intends to retain decision-making
| | authority for a portion of the program, the Board regulation shall so specify. In addition, the Board regulation shall specify whether a decision is to be made by the Board, the Agency or some other State agency, based upon the general division of functions within this Act and other Illinois statutes.
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(6) Wherever appropriate, the Board regulations shall
| | reflect any consistent, more stringent regulations adopted pursuant to the rulemaking requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act.
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(7) The Board may correct apparent typographical and
| | grammatical errors in USEPA rules.
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(b) In adopting regulations that are "identical in substance" with
specified federal regulations under subsection (c) of Section 13, Section
13.3, Section 17.5, subsection (a) or (d) of Section 22.4, subsection
(a) of Section 22.7, or subsection (a) of Section 22.40, subsection (H) of Section 10, or specified
federal determinations under subsection
(e) of Section 9.1, the Board shall complete its rulemaking proceedings
within one year after the adoption of the corresponding federal rule. If
the Board consolidates multiple federal rulemakings into a single Board
rulemaking, the one-year period shall be calculated from the adoption date
of the federal rule first adopted among those consolidated.
After adopting an "identical in substance" rule, if the Board determines
that an amendment is needed to that rule, the Board shall initiate a
rulemaking proceeding to propose such amendment. The amendment shall be
adopted within one year of the initiation of the Board's determination.
Additionally, if the Board, after adopting an "identical in substance" rule,
determines that a technical correction to that rule is needed, the Board
may initiate an application for certification of correction under Section
5-85 of the Illinois Administrative Procedure Act.
The one-year period may be extended by the Board for an additional period
of time if necessary to complete the rulemaking proceeding. In order to
extend the one-year period, the Board must make a finding, based upon the
record in the rulemaking proceeding, that the one-year period is
insufficient for completion of the rulemaking, and such finding shall
specifically state the reasons for the extension. Except as otherwise
provided above, the Board must make the
finding that an extension of time is necessary prior to the expiration of
the initial one-year period, and must also publish a notice of extension in
the Illinois Register as expeditiously as practicable following its
decision, stating the specific reasons for the Board's decision
to extend. The notice of extension need not appear in the Illinois
Register prior to the expiration of the initial one year period and shall
specify a date certain by which the Board anticipates completion of the
rulemaking, except that if a date certain cannot be specified because of a
need to delay adoption pending occurrence of an event beyond the Board's
control, the notice shall specify the event, explain its circumstances, and
contain an estimate of the amount of time needed to complete the rulemaking
after the occurrence of the specified event.
(Source: P.A. 97-945, eff. 8-10-12.)
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415 ILCS 5/7.3
(415 ILCS 5/7.3) (from Ch. 111 1/2, par. 1007.3)
Sec. 7.3.
(a) The Board in its discretion may submit the following for
publication in the Illinois Register as it deems appropriate:
(1) a regulatory agenda to solicit comments | | concerning any rule that the Board is considering for proposal, but for which no notice of rulemaking activity has been submitted to the Illinois Register;
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(2) notices of all petitions for individual adjusted
| | standards that have been filed with the Board;
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(3) notices of all public hearings to be held by the
| | Board, including any hearings scheduled by the Board for consideration of an individual adjusted standard petition;
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(4) the results of Board determinations concerning
| | the necessity for economic impact studies;
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(5) restricted status lists, on a quarterly basis; and
(6) any other documents related to the activities of
| | the Pollution Control Board that the Board deems appropriate for publication.
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(b) The Board shall publish the following in the Illinois Register:
(1) pursuant to Section 5-40 of the Illinois
| | Administrative Procedure Act, notice of all proposed regulations;
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(2) pursuant to Sections 5-45 and 5-50 of the
| | Illinois Administrative Procedure Act, notice of all emergency and peremptory regulations; and
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(3) the results of Board determinations concerning
| | adjusted standards proceedings.
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(Source: P.A. 88-45.)
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415 ILCS 5/7.4
(415 ILCS 5/7.4) (from Ch. 111 1/2, par. 1007.4)
Sec. 7.4.
All moneys received by the Pollution Control Board from the
collection of fees, photo reproduction costs and the sale of
opinions and orders, shall be deposited into the Pollution Control Board
Fund, a special fund which is hereby created in the State Treasury. The
Pollution Control Board may use such funds for activities or
purposes necessary to meet its responsibilities pursuant to the
Environmental Protection Act. The Pollution Control Board shall establish
guidelines governing fee schedules and administration of the Pollution
Control Board Fund.
(Source: P.A. 85-1331.)
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415 ILCS 5/7.5
(415 ILCS 5/7.5) (from Ch. 111 1/2, par. 1007.5)
Sec. 7.5. Filing fees. (a) The Board shall collect filing fees
as prescribed in this Act. The fees shall be deposited
in the Pollution Control Board Fund.
The filing fees shall be as follows:
Petition for site-specific regulation, $75.
Petition for variance, $75.
Petition for review of permit, $75.
Petition to contest local government decision | | pursuant to Section 40.1, $75.
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Petition for an adjusted standard, pursuant to
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Petition for a time-limited water quality standard,
| | (b) A person who has filed a petition for a variance from a water quality standard and paid the filing fee set forth in subsection (a) of this Section for that petition and whose variance petition is thereafter converted into a petition for a time-limited water quality standard under Section 38.5 of this Act shall not be required to pay a separate filing fee upon the conversion of the variance petition into a petition for a time-limited water quality standard.
(Source: P.A. 99-937, eff. 2-24-17.)
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415 ILCS 5/7.6 (415 ILCS 5/7.6) Sec. 7.6. Electronic posting of permit information. Beginning January 1, 2014, the Agency shall maintain the following information on its website: (1) a description of each type of permit it issues | | and the persons subject to each type of permit;
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| (2) a description of the process for obtaining each
| | type of permit, including but not limited to any statutory or regulatory deadlines and whether public notices or hearings are required prior to permit issuance; and
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| (3) no later than February 1 of each year, a report
| | that contains the following information for the previous calendar year, with respect to each type of permit, based on information available to the Agency in a format the Agency can compile and publish electronically:
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| (A) the number of permit applications received by
| | (B) the number of permits issued by the Agency;
| | (C) the average number of days from the date the
| | Agency receives all information necessary for the issuance of a permit until the date the Agency issues the permit.
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(Source: P.A. 98-237, eff. 1-1-14.)
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415 ILCS 5/Tit. II
(415 ILCS 5/Tit. II heading)
TITLE II:
AIR POLLUTION
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415 ILCS 5/8
(415 ILCS 5/8) (from Ch. 111 1/2, par. 1008)
Sec. 8.
The General Assembly finds that pollution of the air of this State
constitutes a menace to public health and welfare, creates public
nuisances, adds to cleaning costs, accelerates the deterioration of
materials, adversely affects agriculture, business, industry, recreation,
climate, and visibility, depresses property values, and offends the senses.
It is the purpose of this Title to restore, maintain, and enhance the
purity of the air of this State in order to protect health, welfare,
property, and the quality of life and to assure that no air contaminants
are discharged into the atmosphere without being given the degree of
treatment or control necessary to prevent pollution.
(Source: P.A. 76-2429.)
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415 ILCS 5/9 (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009) (Text of Section before amendment by P.A. 103-794 ) Sec. 9. Acts prohibited. No person shall: (a) Cause or threaten or allow the discharge or emission of any
contaminant into the environment in any State so as to cause or tend to
cause air pollution in Illinois, either alone or in combination with
contaminants from other sources, or so as to violate regulations or
standards adopted by the Board under this Act. (b) Construct, install, or operate any equipment, facility, vehicle,
vessel, or aircraft capable of causing or contributing to air pollution or
designed to prevent air pollution, of any type designated by Board
regulations, (1) without a permit granted by the Agency unless otherwise exempt by this Act or Board regulations or (2) in violation of any
conditions imposed by such permit. (c) Cause or allow the open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any refuse in
any chamber not specifically designed for the purpose and approved by the
Agency pursuant to regulations adopted by the Board under this Act; except
that the Board may adopt regulations permitting open burning of refuse in
certain cases upon a finding that no harm will result from such burning, or
that any alternative method of disposing of such refuse would create a
safety hazard so extreme as to justify the pollution that would result from
such burning. (d) Sell, offer, or use any fuel or other article in any areas in which
the Board may by regulation forbid its sale, offer, or use for reasons of
air-pollution control. (e) Use, cause or allow the spraying of loose asbestos for the purpose
of fireproofing or insulating any building or building material or other
constructions, or otherwise use asbestos in such unconfined manner as to
permit asbestos fibers or particles to pollute the air. (f) Commencing July 1, 1985, sell any used oil for burning or incineration
in any incinerator, boiler, furnace, burner or other equipment unless such
oil meets standards based on virgin fuel oil or re-refined oil, as defined
in ASTM D-396 or specifications under VV-F-815C promulgated pursuant to the
federal Energy Policy and Conservation Act, and meets the manufacturer's
and current NFDA code standards for which such incinerator, boiler,
furnace, burner or other equipment was approved, except that this
prohibition does not apply to a sale to a permitted used oil re-refining or
reprocessing facility or sale to a facility permitted by the Agency to burn
or incinerate such oil. Nothing herein shall limit the effect of any section of this Title with
respect to any form of asbestos, or the spraying of any form of asbestos,
or limit the power of the Board under this Title to adopt additional and
further regulations with respect to any form of asbestos, or the spraying
of any form of asbestos. This Section shall not limit the burning of landscape waste upon the
premises where it is produced or at sites provided and supervised by any
unit of local government, except within any county having a population of
more than 400,000. Nothing in this Section shall prohibit the burning of
landscape waste for agricultural purposes, habitat management (including but
not limited to forest and prairie reclamation), or firefighter training. For
the purposes of this Act, the burning of landscape waste by production
nurseries shall be considered to be burning for agricultural purposes. Any grain elevator located outside of a major population area, as defined
in Section 211.3610 of Title 35 of the Illinois Administrative Code, shall be
exempt from the requirements of Section 212.462 of Title 35 of the
Illinois Administrative Code provided that the elevator: (1) does not violate
the prohibitions of subsection (a) of this Section or have a certified
investigation, as defined in Section 211.970 of Title 35 of the Illinois
Administrative Code, on file with the Agency and (2) is not required to obtain
a Clean Air Act Permit Program permit pursuant to Section 39.5.
Notwithstanding the above exemption, new stationary source performance
standards for grain elevators,
established pursuant to Section 9.1 of this Act and Section 111 of the federal
Clean Air Act, shall continue to apply to grain elevators. (Source: P.A. 97-95, eff. 7-12-11.) (Text of Section after amendment by P.A. 103-794 ) Sec. 9. Acts prohibited. No person shall: (a) Cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as to cause or tend to cause air pollution in Illinois, either alone or in combination with contaminants from other sources, or so as to violate regulations or standards adopted by the Board under this Act. (b) Construct, install, or operate any equipment, facility, vehicle, vessel, or aircraft capable of causing or contributing to air pollution or designed to prevent air pollution, of any type designated by Board regulations, (1) without a permit granted by the Agency unless otherwise exempt by this Act or Board regulations or (2) in violation of any conditions imposed by such permit. (c) Cause or allow the open burning of refuse, conduct any salvage operation by open burning, or cause or allow the burning of any refuse in any chamber not specifically designed for the purpose and approved by the Agency pursuant to regulations adopted by the Board under this Act; except that the Board may adopt regulations permitting open burning of refuse in certain cases upon a finding that no harm will result from such burning, or that any alternative method of disposing of such refuse would create a safety hazard so extreme as to justify the pollution that would result from such burning. (d) Sell, offer, or use any fuel or other article in any areas in which the Board may by regulation forbid its sale, offer, or use for reasons of air-pollution control. (e) Use, cause or allow the spraying of loose asbestos for the purpose of fireproofing or insulating any building or building material or other constructions, or otherwise use asbestos in such unconfined manner as to permit asbestos fibers or particles to pollute the air. (f) Commencing July 1, 1985, sell any used oil for burning or incineration in any incinerator, boiler, furnace, burner or other equipment unless such oil meets standards based on virgin fuel oil or re-refined oil, as defined in ASTM D-396 or specifications under VV-F-815C promulgated pursuant to the federal Energy Policy and Conservation Act, and meets the manufacturer's and current NFDA code standards for which such incinerator, boiler, furnace, burner or other equipment was approved, except that this prohibition does not apply to a sale to a permitted used oil re-refining or reprocessing facility or sale to a facility permitted by the Agency to burn or incinerate such oil. Nothing herein shall limit the effect of any section of this Title with respect to any form of asbestos, or the spraying of any form of asbestos, or limit the power of the Board under this Title to adopt additional and further regulations with respect to any form of asbestos, or the spraying of any form of asbestos. This Section shall not limit the burning of landscape waste upon the premises where it is produced or at sites provided and supervised by any unit of local government, except within any county having a population of more than 400,000. Nothing in this Section shall prohibit the burning of landscape waste for agricultural purposes, habitat management (including but not limited to forest and prairie reclamation), or firefighter training. For the purposes of this Act, the burning of landscape waste by production nurseries shall be considered to be burning for agricultural purposes. Nothing in this Section shall prohibit the burning of landscape waste by a person engaged in the business of tree removal, at the person's registered place of business, provided that the burning activity (i) is located in a county with a population of 50,000 or less, (ii) is more than 1,000 feet from the nearest residence, (iii) is not located in an area with a PM2.5 design value greater than 9 micrograms per cubic meter, (iv) is not located in an area of environmental justice concern, as determined by the Agency's EJ Start tool, and (v) is conducted in accordance with all federal, State, and local laws and ordinances. Any grain elevator located outside of a major population area, as defined in Section 211.3610 of Title 35 of the Illinois Administrative Code, shall be exempt from the requirements of Section 212.462 of Title 35 of the Illinois Administrative Code provided that the elevator: (1) does not violate the prohibitions of subsection (a) of this Section or have a certified investigation, as defined in Section 211.970 of Title 35 of the Illinois Administrative Code, on file with the Agency and (2) is not required to obtain a Clean Air Act Permit Program permit pursuant to Section 39.5. Notwithstanding the above exemption, new stationary source performance standards for grain elevators, established pursuant to Section 9.1 of this Act and Section 111 of the federal Clean Air Act, shall continue to apply to grain elevators. (Source: P.A. 103-794, eff. 1-1-25.) |
415 ILCS 5/9.1
(415 ILCS 5/9.1) (from Ch. 111 1/2, par. 1009.1)
Sec. 9.1.
(a) The General Assembly finds that the federal Clean Air
Act, as amended, and regulations adopted pursuant thereto establish complex
and detailed provisions for State-federal cooperation in the field of air
pollution control, provide for a Prevention of Significant Deterioration
program to regulate the issuance of preconstruction permits to insure that
economic growth will occur in a manner consistent with the preservation
of existing clean air resources, and also provide for plan requirements for
nonattainment areas to regulate the construction, modification and operation
of sources of air pollution to insure that economic growth will occur in
a manner consistent with the goal of achieving the national ambient air
quality standards, and that the General Assembly cannot conveniently or
advantageously set forth in this Act all the requirements of such
federal Act or all regulations which may be established thereunder.
It is the purpose of this Section to avoid the existence of duplicative,
overlapping or conflicting State and federal regulatory systems.
(b) The provisions of Section 111 of the federal Clean Air Act (42
USC 7411), as amended, relating to standards of performance for new
stationary sources, and Section 112 of the federal Clean Air Act (42 USC
7412), as amended, relating to the establishment of national emission
standards for hazardous air pollutants are applicable in this State and are
enforceable under this Act. Any such enforcement shall be stayed
consistent with any stay granted in any federal judicial action to review
such standards. Enforcement shall be consistent with the results of any
such judicial review.
(c) The Board shall adopt regulations establishing permit programs for PSD and NA NSR permits meeting
the respective requirements of Sections 165 and 173 of the Clean Air Act (42 USC 7475
and 42 USC 7503) as amended. The Agency may adopt procedures for the
administration of such programs.
The regulations adopted by the Board to establish a PSD permit program shall incorporate by reference, pursuant to subsection (a) of Section 5-75 of the Illinois Administrative Procedure Act, the provisions of 40 CFR 52.21, except for the following subparts: (a)(1) Plan disapproval, (q) Public participation, (s) Environmental impact statements, (t) Disputed permits or redesignations and (u) Delegation of authority; the Board may adopt more stringent or additional provisions to the extent it deems appropriate. To the extent that the provisions of 40 CFR 52.21 provide for the Administrator to make various determinations and to take certain actions, these provisions shall be modified to indicate the Agency if appropriate. Nothing in this subsection shall be construed to limit the right of any person to submit a proposal to the Board or the authority of the Board to adopt elements of a PSD permit program that are more stringent than those contained in 40 CFR 52.21, pursuant to the rulemaking requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act. (d) No person shall:
(1) violate any provisions of Sections 111, 112, 165 | | or 173 of the Clean Air Act, as now or hereafter amended, or federal regulations adopted pursuant thereto; or
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(2) construct, install, modify or operate any
| | equipment, building, facility, source or installation which is subject to regulation under Sections 111, 112, 165 or 173 of the Clean Air Act, as now or hereafter amended, except in compliance with the requirements of such Sections and federal regulations adopted pursuant thereto, and no such action shall be undertaken (A) without a permit granted by the Agency whenever a permit is required pursuant to (i) this Act or Board regulations or (ii) Section 111, 112, 165, or 173 of the Clean Air Act or federal regulations adopted pursuant thereto or (B) in violation of any conditions imposed by such permit. The issuance or any denial of such a PSD permit or any conditions imposed therein shall be reviewable by the Board in accordance with Section 40.3 of this Act. Other permits addressed in this subsection (d) shall be reviewable by the Board in accordance with Section 40 of this Act.
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(e) The Board shall exempt from regulation under the State Implementation
Plan for ozone the volatile organic compounds which have been determined
by the U.S. Environmental Protection Agency to be exempt from regulation
under state implementation plans for ozone due to negligible photochemical
reactivity. In accordance with subsection (b) of Section 7.2, the Board
shall adopt regulations identical in substance to the U.S. Environmental
Protection Agency exemptions or deletion of exemptions published in policy
statements on the control of volatile organic compounds in the Federal
Register by amending the list of exemptions to the Board's definition of
volatile organic material found at 35 Ill. Adm. Code Part 211. The
provisions and requirements of Title VII of this Act shall not apply to
regulations adopted under this subsection. Section 5-35 of the Illinois
Administrative Procedure Act, relating to procedures for rulemaking, does not
apply to regulations adopted under this subsection. However, the Board shall
provide for notice, a hearing if required by the U.S. Environmental Protection
Agency, and public comment before adopted rules are filed with the Secretary of
State. The Board may consolidate into a single rulemaking under this subsection
all such federal policy statements published in the Federal Register within a
period of time not to exceed 6 months.
(f) (Blank).
(Source: P.A. 98-284, eff. 8-9-13; 99-463, eff. 1-1-16 .)
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415 ILCS 5/9.2
(415 ILCS 5/9.2) (from Ch. 111 1/2, par. 1009.2)
Sec. 9.2.
Sulfur dioxide emission standards.
(a) (Blank.)
(b) In granting any alternative emission standard or variance relating
to sulfur dioxide emissions from a coal-burning stationary source, the
Board may require the use of Illinois coal as a condition of such
alternative standard or variance, provided that the Board determines that
Illinois coal of the proper quality is available and competitive in price;
such determination shall include consideration of the cost of pollution
control equipment and the economic impact on the Illinois coal mining industry.
(Source: P.A. 92-574, eff. 9-26-02.)
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415 ILCS 5/9.3
(415 ILCS 5/9.3) (from Ch. 111 1/2, par. 1009.3)
Sec. 9.3.
Alternative control strategies.
(a) The General Assembly finds that control strategies, including
emission limitations, alternative but environmentally equivalent to those
required by Board regulations or the terms of this Act, can assure equivalent
protection of the environment and that the use of such alternative control
strategies can encourage technological innovation, reduce the likelihood
of shutdown of older sources, and can result in decreased costs of compliance
and increased availability of resources for use in productive capital
investments.
(b) (Blank.)
(c) On or before December 31, 1982, the Board shall adopt regulations
establishing a permit program pursuant to Section 39.1 in accordance with
Title VII of this Act.
(d) Board rules pursuant to this Section 9.3 shall set forth reasonable
requirements for issuance of an alternative control strategy permit, provided
that the Board may not impose any condition or requirement more stringent
than required by the Clean Air Act or for compliance with this Act or other
Board regulations thereunder. The Agency shall promptly adopt any necessary
procedures for the administration of such permit programs. The burden of
establishing that any procedure, condition or requirement imposed by the
Agency in or for the issuance of a permit is more stringent than required
by applicable law shall be upon the permit applicant.
(Source: P.A. 92-574, eff. 6-26-02.)
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415 ILCS 5/9.4
(415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
Sec. 9.4. Municipal waste incineration emission standards.
(a) The General Assembly finds:
(1) That air pollution from municipal waste | | incineration may constitute a threat to public health, welfare and the environment. The amounts and kinds of pollutants depend on the nature of the waste stream, operating conditions of the incinerator, and the effectiveness of emission controls. Under normal operating conditions, municipal waste incinerators produce pollutants such as organic compounds, metallic compounds and acid gases which may be a threat to public health, welfare and the environment.
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(2) That a combustion and flue-gas control system,
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(b) It is the purpose of this Section to insure that emissions from new
municipal waste incineration facilities which burn a total of 25 tons or
more of municipal waste per day are adequately controlled.
Such facilities shall be subject to emissions limits and operating
standards based upon the application of Best Available Control Technology,
as determined by the Agency, for emissions of the following categories of
pollutants:
(1) particulate matter, sulfur dioxide and nitrogen
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(2) acid gases;
(3) heavy metals; and
(4) organic materials.
(c) The Agency shall issue permits, pursuant to Section 39, to new
municipal waste incineration facilities only if the Agency finds that such
facilities are designed, constructed and operated so as to comply with the
requirements prescribed by this Section.
Prior to adoption of Board regulations under subsection (d) of this
Section the Agency may issue permits for the construction of new municipal
waste incineration facilities. The Agency determination of Best Available
Control Technology shall be based upon consideration of the specific
pollutants named in subsection (d), and emissions of particulate matter,
sulfur dioxide and nitrogen oxides.
Nothing in this Section shall limit
the applicability of any other Sections of this Act, or of other standards
or regulations adopted by the Board, to municipal waste incineration
facilities. In issuing such permits, the Agency may prescribe those
conditions necessary to assure continuing compliance with the emission
limits and operating standards determined pursuant to subsection (b); such
conditions may include the monitoring and reporting of emissions.
(d) Within one year after July 1, 1986, the Board shall adopt regulations pursuant to Title
VII of this Act, which define the terms in items (2), (3) and (4) of subsection
(b) of this Section which are to be used by the Agency in making its
determination pursuant to this Section. The provisions of Section 27(b) of
this Act shall not apply to this rulemaking.
Such regulations shall be written so that the categories of pollutants
include, but need not be limited to, the following specific pollutants:
(1) hydrogen chloride in the definition of acid gases;
(2) arsenic, cadmium, mercury, chromium, nickel and
| | lead in the definition of heavy metals; and
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(3) polychlorinated dibenzo-p-dioxins,
| | polychlorinated dibenzofurans and polynuclear aromatic hydrocarbons in the definition of organic materials.
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(e) For the purposes of this Section, the term "Best Available Control
Technology" means an emission limitation
(including a visible emission standard) based on the maximum degree of
pollutant reduction which the Agency, on a case-by-case basis, taking into
account energy, environmental and economic impacts, determines is
achievable through the application of production processes or available
methods, systems and techniques, including fuel cleaning or treatment or
innovative fuel combustion techniques. If the Agency determines that
technological or economic limitations on the application of measurement
methodology to a particular class of sources would make the imposition of
an emission standard not feasible, it may instead prescribe a design,
equipment, work practice or operational standard, or combination thereof,
to require the application of best available control technology. Such standard
shall, to the degree possible, set forth the emission reduction achievable by
implementation of such design, equipment, work practice or operation and
shall provide for compliance by means which achieve equivalent results.
(f) "Municipal waste incineration" means the burning of municipal waste
or fuel derived therefrom in a combustion apparatus designed to burn
municipal waste that may produce electricity or steam as a by-product. A
"new municipal waste incinerator" is an incinerator initially permitted for
development or construction after January 1, 1986.
(g) The provisions of this Section shall not apply to the following:
(1) industrial incineration facilities that burn
| | waste generated at the same site; or
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| (2) industrial incineration facilities that burn
| | material or fuel derived therefrom for which the United States Environmental Protection Agency has issued a non-waste determination finding the material is not a solid waste under the Resource Conservation and Recovery Act (42 U.S.C. 6901 et. seq.) Non-Hazardous Secondary Materials Rule at 40 CFR 241.3(c).
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(Source: P.A. 101-125, eff. 7-26-19.)
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415 ILCS 5/9.5
(415 ILCS 5/9.5) (from Ch. 111 1/2, par. 1009.5)
Sec. 9.5.
(a) The General Assembly finds that:
(1) The public health and welfare may be endangered by the release of
toxic contaminants into the air which are carcinogenic, teratogenic, mutagenic or
otherwise injurious to humans or the environment.
(2) Existing federal programs may not be adequate to protect the public and
the environment from low-level, chronic exposure to toxic air contaminants.
(b) It is the purpose of this Section to establish a State program to
identify and adopt regulations for toxic air contaminants in Illinois.
(c) The Board, pursuant to Title VII, shall
promulgate a list of toxic air contaminants. The list published under
this subsection shall include any air contaminant which may cause or
significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness, or may pose a
significant threat to human health or the environment. The Agency
shall propose to the
Board for adoption a list which meets the requirement of this subsection.
The provisions of subsection (b) of Section 27 of this Act shall not
apply to rulemakings under this subsection (c).
(d) The Board, pursuant to Title VII,
shall adopt regulations establishing a program to control toxic
contaminants released into the air in a manner that protects the public health and the
environment. The Agency shall propose
regulations to the Board for adoption which meet the requirements of this subsection.
(e) The requirements of this Section shall not apply to the following:
(1) retail dry cleaning operations;
(2) retail and noncommercial storage and handling of motor fuels;
(3) combustion processes using only commercial fuel, including internal
combustion engines;
(4) incidental or minor sources including laboratory-scale operations,
and such other sources or categories of sources which are determined by the
Board to be of minor significance.
(Source: P.A. 85-752.)
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415 ILCS 5/9.6
(415 ILCS 5/9.6) (from Ch. 111 1/2, par. 1009.6)
Sec. 9.6. Air pollution operating permit fee.
(a) For any site for which an air pollution operating permit is required,
other than a site permitted solely as a retail liquid dispensing facility
that has air pollution control equipment or an agrichemical facility with an
endorsed permit pursuant to Section 39.4, the owner or operator of that site
shall pay an initial annual fee to the Agency within 30 days of receipt of the
permit and an annual fee each year thereafter for as long as a permit is in
effect. The owner or operator of a portable emission unit, as defined in 35
Ill. Adm. Code 201.170, may change the site of any unit previously permitted
without paying an additional fee under this Section for each site change,
provided that no further change to the permit is otherwise necessary or
requested.
(b) The following fee amounts
shall apply:
(1) The fee for a site permitted to emit less than 25 | | tons per year of any combination of regulated air pollutants, as defined in Section 39.5 of this Act, except greenhouse gases, is $200 per year beginning July 1, 2003, and increases, beginning January 1, 2012, to $235 per year for lifetime operating permits and $235 per year for federally enforceable state operating permits, except as provided in subsection (c) of this Section.
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(2) The fee for a site permitted to emit at least 25
| | tons per year but less than 100 tons per year of any combination of regulated air pollutants, as defined in Section 39.5 of this Act, except greenhouse gases, is $1,800 per year beginning July 1, 2003, and increases, beginning January 1, 2012, to $2,150 per year, except as provided in subsection (c) of this Section.
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(3) The fee for a site permitted to emit at least 100
| | tons per year of any combination of regulated air pollutants, as defined in Section 39.5 of this Act, except greenhouse gases, is $18 per ton, per year, beginning July 1, 2003, and increases, beginning January 1, 2012 to $21.50 per ton, per year, except as provided in subsection (c) of this Section. However, the maximum fee under this paragraph (3) is $3,500 before January 1, 2012, and is $4,112 beginning January 1, 2012.
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(c) The owner or operator of any site subject to subsection (b) of this Section that becomes subject to Section 39.5
of this Act shall continue to pay the fee set forth in this Section until the
site becomes subject to the CAAPP fee set forth within subsection 18 of Section
39.5 of this Act. If an owner or operator has paid a fee under this Section during
the 12-month period following the effective date of the CAAPP for that
site, the amount
of that fee shall be deducted from the amount due under subsection 18 of Section 39.5 of
this Act.
(d) Only one air pollution site fee may be collected from any
site, even if such site receives more than one air pollution control permit.
(e) The Agency shall establish procedures for the collection of air
pollution site fees. Air pollution site fees may be paid annually, or in
advance for the number of years for which the permit is issued, at the option
of the owner or operator. Payment in advance does not exempt the owner or
operator from paying any increase in the fee that may occur during the term of
the permit; the owner or operator must pay the amount of the increase upon
and from the effective date of the increase.
(f) The Agency may deny an application for the issuance, transfer, or
renewal of an air pollution operating permit if any air pollution site fee
owed by the applicant has not been paid within 60 days of the due date, unless
the applicant, at the time of application, pays to the Agency in advance the
air pollution site fee for the site that is the subject of the operating
permit, plus any other air pollution site fees then owed by the applicant.
The denial of an air pollution operating permit for failure to pay an air
pollution site fee shall be subject to review by the Board pursuant to the
provisions of subsection (a) of Section 40 of this Act.
(g) If the Agency determines that an owner or operator of a site was
required, but failed, to timely obtain an air pollution operating permit,
and as a result avoided the payment of permit fees, the Agency may collect the
avoided permit fees with or without pursuing enforcement under Section 31 of
this Act. The avoided permit fees shall be calculated as double the amount
that would have been owed had a permit been timely obtained. Fees collected
pursuant to this subsection (g) shall be deposited into the Environmental
Protection Permit and Inspection Fund.
(h) If the Agency determines that an owner or operator of a site was
required, but failed, to timely obtain an air pollution operating permit and
as a result avoided the payment of permit fees, an enforcement action may be
brought under Section 31 of this Act. In addition to any other relief that
may be obtained as part of this action, the Agency may seek to recover the
avoided permit fees. The avoided permit fees shall be calculated as double
the amount that would have been owed had a permit been timely obtained. Fees
collected pursuant to this subsection (h) shall be deposited into the
Environmental Protection Permit and Inspection Fund.
(i) If a permittee subject to a fee under this
Section fails to pay the fee within 90 days of its due date, or makes the
fee payment from an account with insufficient funds to cover the amount of the
fee payment, the Agency shall notify the permittee of the failure to pay the
fee. If the permittee fails to pay the fee within 60 days after such
notification, the Agency may, by written notice, immediately revoke the air
pollution operating permit. Failure of the Agency to notify the permittee of
failure to pay a fee due under this Section, or the payment of the fee from
an account with insufficient funds to cover the amount of the fee payment, does
not excuse or alter the duty of the permittee to comply with the provisions of
this Section.
(Source: P.A. 97-95, eff. 7-12-11.)
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415 ILCS 5/9.7
(415 ILCS 5/9.7) (from Ch. 111 1/2, par. 1009.7)
Sec. 9.7.
CFC's.
The General Assembly hereby finds that the
manufacture
and use of chlorofluorocarbons (CFCs) present a serious threat to the
environment, and declares it to be the public policy of this State to
discourage the unnecessary use of CFCs, to encourage producers of CFCs to
replace them with alternative substances that have a less deleterious
impact on the environment, and to promote the use of equipment to recover
and recycle existing CFCs.
(Source: P.A. 90-372, eff. 7-1-98.)
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415 ILCS 5/9.8
(415 ILCS 5/9.8)
Sec. 9.8.
Emissions reductions market system.
(a) The General Assembly finds:
(1) That achieving compliance with the ozone | | attainment provisions of federal Clean Air Act Amendments (CAAA) of 1990 calls for innovative and cost-effective implementation strategies.
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(2) That economic incentives and market-based
| | approaches can be used to achieve clean air compliance in an innovative and cost-effective manner.
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(3) That development and operation of an emissions
| | market system should significantly lessen the economic impacts associated with implementation of the federal Clean Air Act Amendments of 1990 and still achieve the desired air quality for the area.
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(b) The Agency shall design an emissions market system that
will assist the State in meeting applicable post-1996 provisions
under the CAAA of 1990, provide maximum flexibility for
designated sources that reduce emissions, and that takes into
account the findings of the national ozone transport assessment,
existing air quality conditions, and resultant emissions levels
necessary to achieve or maintain attainment.
(c) The Agency may develop proposed rules for a market-based emissions
reduction, banking, and trading system that will enable stationary sources to
implement cost-effective, compliance
options. In developing such a market system, the Agency may take
into consideration a suitable ozone control season and related
reconciliation period, seasonal allotments of actual emissions and adjustments
thereto,
phased participation by size of source, suitable emissions and
compliance monitoring provisions, an annual allotment set-aside
for market assurance, and suitable means for the market system
to be provided for in an appropriate State implementation plan.
The proposal shall be filed with the Board and
shall be subject to the rulemaking provisions of Sections 27 and
28 of this Act. The rules adopted by the Board shall
include provisions that:
(1) Assure that compliance with the required
| | emissions reductions under the market system shall be, at a minimum, as cost-effective as the traditional regulatory control requirements in the State of Illinois.
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(2) Assure that emissions reductions under the market
| | system will not be mandated unless it is necessary for the attainment and maintenance of the National Ambient Air Quality Standard for ozone in the Chicago nonattainment area, as required of this State by applicable federal law or regulation.
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(3) Assure that sources subject to the program will
| | not be required to reduce emissions to an extent that exceeds their proportionate share of the total emission reductions required of all emission sources, including mobile and area sources, to attain and maintain the National Ambient Air Quality Standard for ozone in the Chicago nonattainment area.
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(4) Assure that credit is given or exclusion is
| | granted for those emission units which have reduced emissions, either voluntarily or through the application of maximum available control technology or national emissions standards for hazardous air pollutants, such that those reductions would be counted as if they had occurred after the initiation of the program.
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(5) Assure that unusual or abnormal operational
| | patterns can be accounted for in the determination of any source's baseline from which reductions would be made.
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(6) Assure that relative economic impact and
| | technical feasibility of emissions reductions under the banking and trading program, as compared to other alternatives, is considered.
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(7) Assure that the feasibility of measuring and
| | quantifying emissions is considered in developing and adopting the banking and trading program.
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(d) Notwithstanding the other provisions of this Act,
any source or other authorized person that
participates in an emissions market system shall be eligible
to exchange allotment trading units with other sources
provided that established rules are followed.
(e) There is hereby created within the State Treasury an interest-bearing
special fund to be known as the Alternative Compliance Market Account Fund,
which shall be used and administered by the Agency for the following public
purposes:
(1) To accept and retain funds from persons who
| | purchase allotment trading units from the Agency pursuant to regulatory provisions and payments of interest and principal.
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(2) To purchase services, equipment, or commodities
| | that help generate emissions reductions in or around the ozone nonattainment area in Northeastern Illinois.
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(Source: P.A. 89-173, eff. 7-19-95; 89-465, eff. 6-13-96.)
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415 ILCS 5/9.9
(415 ILCS 5/9.9)
Sec. 9.9. Nitrogen oxides trading system.
(a) The General Assembly finds:
(1) That USEPA has issued a Final Rule published in | | the Federal Register on October 27, 1998, entitled "Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone", hereinafter referred to as the "NOx SIP Call", compliance with which will require reducing emissions of nitrogen oxides ("NOx");
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(2) That reducing emissions of NOx in the State helps
| | the State to meet the national ambient air quality standard for ozone;
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(3) That emissions trading is a cost-effective means
| | of obtaining reductions of NOx emissions.
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(b) The Agency shall propose and the Board shall adopt
regulations to implement an interstate NOx trading program (hereinafter
referred to as the "NOx Trading Program") as provided for in 40 CFR
Part 96, including
incorporation by reference of appropriate provisions of 40 CFR Part 96 and
regulations to address 40 CFR Section 96.4(b), Section 96.55(c), Subpart E, and
Subpart I. In addition, the Agency shall propose and the Board shall adopt
regulations to implement NOx emission reduction programs for cement kilns and
stationary
internal combustion engines.
(c) Allocations of NOx allowances to large electric generating units
("EGUs") and large non-electric generating units ("non-EGUs"), as defined by 40
CFR Part 96.4(a), shall not exceed the State's trading budget for those source
categories to be included in
the State Implementation Plan for NOx.
(d) In adopting regulations to implement the NOx Trading Program, the Board
shall:
(1) assure that the economic impact and technical
| | feasibility of NOx emissions reductions under the NOx Trading Program are considered relative to the traditional regulatory control requirements in the State for EGUs and non-EGUs;
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(2) provide that emission units, as defined in
| | Section 39.5(1) of this Act, may opt into the NOx Trading Program;
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(3) provide for voluntary reductions of NOx emissions
| | from emission units, as defined in Section 39.5(1) of this Act, not otherwise included under paragraph (c) or (d)(2) of this Section to provide additional allowances to EGUs and non-EGUs to be allocated by the Agency. The regulations shall further provide that such voluntary reductions are verifiable, quantifiable, permanent, and federally enforceable;
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(4) provide that the Agency allocate to non-EGUs
| | allowances that are designated in the rule, unless the Agency has been directed to transfer the allocations to another unit subject to the requirements of the NOx Trading Program, and that upon shutdown of a non-EGU, the unit may transfer or sell the NOx allowances that are allocated to such unit;
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(5) provide that the Agency shall set aside annually
| | a number of allowances, not to exceed 5% of the total EGU trading budget, to be made available to new EGUs; and
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(6) provide that those EGUs that commence commercial
| | operation, as defined in 40 CFR Section 96.2, at a time that is more than half way through the control period in 2003 shall return to the Agency any allowances that were issued to it by the Agency and were not used for compliance in 2004.
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(d-5) The Agency may sell NOx allowances to sources in Illinois that are
subject
to 35 Ill. Adm. Code 217, either Subpart U or W, as follows:
(1) any unearned Early Reduction Credits set aside
| | for non-EGUs under 35 Ill. Adm. Code 217, Subpart U, but only to those sources that make qualifying early reductions of NOx in 2003 pursuant to 35 Ill. Adm. Code 217 for which the source did not receive an allocation thereunder. If the Agency receives requests to purchase more ERCs than are available for sale, allowances shall be offered for sale to qualifying sources on a pro-rata basis;
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(2) any remaining Early Reduction Credits allocated
| | under 35 Ill. Adm. Code 217, Subpart U or W, that could not be allocated on a pro-rata, whole allowance basis, but only to those sources that made qualifying early reductions of NOx in 2003 pursuant to 35 Ill. Adm. Code 217 for which the source did not receive an allocation;
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(3) any allowances under 35 Ill. Adm. Code 217,
| | Subpart W, that remain after each 3-year allocation period that could not be allocated on a pro-rata, whole allowance basis pursuant to the provisions of Subpart W; and
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(4) any allowances requested from the New Source Set
| | Aside for those sources that commenced operation, as defined in 40 CFR Section 96.2, on or after January 1, 2004.
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(d-10) The selling price for ERC allowances shall be 70% of the market
price index for 2005 NOx allowances, determined by the Agency as follows:
(1) using the mean of 2 or more published market
| | price indexes for the 2005 NOx allowances as of October 6, 2003; or
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(2) if there are not 2 published market price indexes
| | for 2005 NOx allowances as of October 6, 2003, the Agency may use any reasonable indication of market price.
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(e) The Agency may adopt procedural rules, as necessary, to implement the
regulations promulgated by the Board pursuant to subsections (b) and (d) and
to implement subsections (d-5), (d-10), (i), and (j) of
this Section.
(f) Notwithstanding any provisions in subparts T, U, and W of Section 217
of Title 35 of the Illinois Administrative Code to the contrary, compliance
with the regulations promulgated by the Board pursuant to subsections (b) and
(d) of this Section is required by May 31, 2004.
(g) To the extent that a court of competent jurisdiction finds a provision
of 40 CFR Part 96 invalid, the corresponding Illinois provision shall
be stayed until such provision of 40 CFR Part 96 is found to be valid or is
re-promulgated. To the extent that USEPA or any court of competent
jurisdiction stays the applicability of any provision of the NOx SIP Call to
any person or circumstance relating to Illinois, during the period of that
stay, the effectiveness of the corresponding Illinois provision shall be
stayed. To the extent that the invalidity of the particular requirement or
application does not affect
other provisions or applications of the NOx SIP Call pursuant to 40 CFR 51.121
or the NOx trading program pursuant to 40 CFR Part 96 or 40 CFR Part 97, this
Section, and rules or regulations promulgated hereunder, will be given
effect without the invalid provisions or applications.
(h) Notwithstanding any other provision of this Act, any source or other
authorized person that participates in the NOx Trading Program shall be
eligible to exchange NOx allowances with other sources in accordance with
this Section and with regulations promulgated by the Board or the Agency.
(i) (Blank).
(j) Moneys generated from the sale of early reduction credits
shall be deposited into the Clean Air Act Permit Fund created pursuant to
Section 39.5(18)(d) of this Act, and the proceeds
shall be used and administered by the Agency to finance the costs associated
with the Clean Air Act Permit Program.
(Source: P.A. 102-1071, eff. 6-10-22.)
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415 ILCS 5/9.10
(415 ILCS 5/9.10)
Sec. 9.10.
Fossil fuel-fired electric generating plants.
(a) The General Assembly finds and declares that:
(1) fossil fuel-fired electric generating plants are | | a significant source of air emissions in this State and have become the subject of a number of important new studies of their effects on the public health;
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(2) existing state and federal policies, that allow
| | older plants that meet federal standards to operate without meeting the more stringent requirements applicable to new plants, are being questioned on the basis of their environmental impacts and the economic distortions such policies cause in a deregulated energy market;
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(3) fossil fuel-fired electric generating plants are,
| | or may be, affected by a number of regulatory programs, some of which are under review or development on the state and national levels, and to a certain extent the international level, including the federal acid rain program, tropospheric ozone, mercury and other hazardous pollutant control requirements, regional haze, and global warming;
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(4) scientific uncertainty regarding the formation
| | of certain components of regional haze and the air quality modeling that predict impacts of control measures requires careful consideration of the timing of the control of some of the pollutants from these facilities, particularly sulfur dioxides and nitrogen oxides that each interact with ammonia and other substances in the atmosphere;
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(5) the development of energy policies to promote a
| | safe, sufficient, reliable, and affordable energy supply on the state and national levels is being affected by the on-going deregulation of the power generation industry and the evolving energy markets;
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(6) the Governor's formation of an Energy Cabinet and
| | the development of a State energy policy calls for actions by the Agency and the Board that are in harmony with the energy needs and policy of the State, while protecting the public health and the environment;
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(7) Illinois coal is an abundant resource and an
| | important component of Illinois' economy whose use should be encouraged to the greatest extent possible consistent with protecting the public health and the environment;
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(8) renewable forms of energy should be promoted as
| | an important element of the energy and environmental policies of the State and that it is a goal of the State that at least 5% of the State's energy production and use be derived from renewable forms of energy by 2010 and at least 15% from renewable forms of energy by 2020;
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(9) efforts on the state and federal levels are
| | underway to consider the multiple environmental regulations affecting electric generating plants in order to improve the ability of government and the affected industry to engage in effective planning through the use of multi-pollutant strategies; and
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(10) these issues, taken together, call for a
| | comprehensive review of the impact of these facilities on the public health, considering also the energy supply, reliability, and costs, the role of renewable forms of energy, and the developments in federal law and regulations that may affect any state actions, prior to making final decisions in Illinois.
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(b) Taking into account the findings and declarations of the General
Assembly contained in subsection (a) of this Section, the Agency shall, before
September 30, 2004, but not before September 30, 2003, issue to the House and
Senate Committees on Environment and Energy findings that address the potential
need for the control or reduction of emissions from fossil fuel-fired electric
generating plants, including the following provisions:
(1) reduction of nitrogen oxide emissions, as
| | appropriate, with consideration of maximum annual emissions rate limits or establishment of an emissions trading program and with consideration of the developments in federal law and regulations that may affect any State action, prior to making final decisions in Illinois;
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(2) reduction of sulfur dioxide emissions, as
| | appropriate, with consideration of maximum annual emissions rate limits or establishment of an emissions trading program and with consideration of the developments in federal law and regulations that may affect any State action, prior to making final decisions in Illinois;
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(3) incentives to promote renewable sources of energy
| | consistent with item (8) of subsection (a) of this Section;
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(4) reduction of mercury as appropriate,
| | consideration of the availability of control technology, industry practice requirements, or incentive programs, or some combination of these approaches that are sufficient to prevent unacceptable local impacts from individual facilities and with consideration of the developments in federal law and regulations that may affect any state action, prior to making final decisions in Illinois; and
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(5) establishment of a banking system, consistent
| | with the United States Department of Energy's voluntary reporting system, for certifying credits for voluntary offsets of emissions of greenhouse gases, as identified by the United States Environmental Protection Agency, or other voluntary reductions of greenhouse gases. Such reduction efforts may include, but are not limited to, carbon sequestration, technology-based control measures, energy efficiency measures, and the use of renewable energy sources.
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The Agency shall consider the impact on the public health, considering also
energy supply, reliability and costs, the role of renewable forms of energy,
and developments in federal law and regulations that may affect any state
actions, prior to making final decisions in Illinois.
(c) Nothing in this Section is intended to or should be interpreted in a
manner to limit or restrict the authority of the Illinois Environmental
Protection Agency to propose, or the Illinois Pollution Control Board to
adopt, any regulations applicable or that may become applicable to the
facilities covered by this Section that are required by federal law.
(d) The Agency may file proposed rules with the Board to effectuate its
findings provided to the Senate Committee on Environment and Energy and the
House Committee on Environment and Energy in accordance with subsection (b) of
this Section. Any such proposal shall not be submitted sooner than 90 days
after the issuance of the findings provided for in subsection (b) of this
Section. The Board shall take action on any such proposal within one year of
the Agency's filing of the proposed rules.
(e) This Section shall apply only to those electrical generating units
that are subject to the provisions of Subpart W of Part 217 of Title 35 of
the Illinois Administrative Code, as promulgated by the Illinois Pollution
Control Board on December 21, 2000.
(Source: P.A. 92-12, eff. 7-1-01; 92-279, eff. 8-7-01.)
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415 ILCS 5/9.11
(415 ILCS 5/9.11)
Sec. 9.11.
Great Lakes Areas of Concern; mercury.
(a) The General Assembly finds that:
(1) The government of the United States of America | | and the government of Canada have entered into agreements on Great Lakes water quality by signature of the Great Lakes Water Quality Agreement of 1978, which was amended by Protocol signed on November 18, 1987.
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(2) The government of the United States of America
| | and the government of Canada, in cooperation with the state and provincial governments, were required to designate geographic areas, called Areas of Concern, that fail to meet the general or specific objectives of the Great Lakes Water Quality Agreement, and where such failure has caused or is likely to cause impairment of beneficial use or failure of the ability of the area to support aquatic life.
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(3) The government of the United States of America
| | and the government of Canada have identified 43 Areas of Concern, 26 of which are in waters of the United States of America and 17 of which are in the waters of Canada.
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(4) Waukegan Harbor in Illinois was designated an
| | Area of Concern in 1981 by the International Joint Commission, the United States Environmental Protection Agency, and the Illinois Environmental Protection Agency as a result of the discovery of 5 beneficial use impairments, as defined in Annex 2 of the Great Lakes Water Quality Agreement. Beneficial use impairments at the Waukegan Harbor Area of Concern were identified as the restrictions on fish consumption, degradation of benthos, restrictions on dredging activities, degradation of phytoplankton and zooplankton populations, and loss of fish and wildlife habitat.
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(5) The government of the United States of America
| | and the government of Canada cooperate with the state and provincial governments to ensure that remedial action plans are developed to restore all impaired uses to the Areas of Concern.
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(6) Mercury has been identified as a persistent
| | bioaccumulative contaminant of concern throughout the Great Lakes, including Lake Michigan, resulting in health advisories and restrictions on fish consumption.
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(7) The thermal treatment of sludge creates mercury
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(b) The Agency shall not issue any permit to develop, construct, or operate,
within one mile of any portion of Lake Michigan that has been designated an
Area of Concern under the Great Lakes Water Quality Agreement as of the
effective date of this Section, any site or facility for the thermal treatment
of sludge, unless the applicant submits to the Agency proof that the site or
facility has received local siting approval from the governing body of the
municipality in which the site or facility is proposed to be located (or from
the county board if located in an unincorporated area), in accordance with
Section 39.2 of this Act. For the purposes of this Section, "thermal
treatment" includes, without limitation, drying, incinerating, and any other
processing that subjects the sludge to an elevated temperature.
(Source: P.A. 93-202, eff. 7-14-03.)
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