(415 ILCS 5/9.15) Sec. 9.15. Greenhouse gases. (a) An air pollution construction permit shall not be required due to emissions of greenhouse gases if the equipment, site, or source is not subject to regulation, as defined by 40 CFR 52.21, as now or hereafter amended, for greenhouse gases or is otherwise not addressed in this Section or by the Board in regulations for greenhouse gases. These exemptions do not relieve an owner or operator from the obligation to comply with other applicable rules or regulations. (b) An air pollution operating permit shall not be required due to emissions of greenhouse gases if the equipment, site, or source is not subject to regulation, as defined by Section 39.5 of this Act, for greenhouse gases or is otherwise not addressed in this Section or by the Board in regulations for greenhouse gases. These exemptions do not relieve an owner or operator from the obligation to comply with other applicable rules or regulations. (c) (Blank). (d) (Blank). (e) (Blank).
(f) As used in this Section: "Carbon dioxide emission" means the plant annual CO 2 total output emission as measured by the United States Environmental Protection Agency in its Emissions & Generation Resource Integrated Database (eGrid), or its successor. "Carbon dioxide equivalent emissions" or "CO 2 e" means the sum total of the mass amount of emissions in tons per year, calculated by multiplying the mass amount of each of the 6 greenhouse gases specified in Section 3.207, in tons per year, by its associated global warming potential as set forth in 40 CFR 98, subpart A, table A-1 or its successor, and then adding them all together. "Cogeneration" or "combined heat and power" refers to any system that, either simultaneously or sequentially, produces electricity and useful thermal energy from a single fuel source. "Copollutants" refers to the 6 criteria pollutants that have been identified by the United States Environmental Protection Agency pursuant to the Clean Air Act. "Electric generating unit" or "EGU" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system that serves a generator that has a nameplate capacity greater than 25 MWe and produces electricity for sale. "Environmental justice community" means the definition of that term based on existing methodologies and findings, used and as may be updated by the Illinois Power Agency and its program administrator in the Illinois Solar for All Program. "Equity investment eligible community" or "eligible community" means the geographic areas throughout Illinois that would most benefit from equitable investments by the State designed to combat discrimination and foster sustainable economic growth. Specifically, eligible community means the following areas: (1) areas where residents have been historically |
| excluded from economic opportunities, including opportunities in the energy sector, as defined as R3 areas pursuant to Section 10-40 of the Cannabis Regulation and Tax Act; and
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(2) areas where residents have been historically
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| subject to disproportionate burdens of pollution, including pollution from the energy sector, as established by environmental justice communities as defined by the Illinois Power Agency pursuant to the Illinois Power Agency Act, excluding any racial or ethnic indicators.
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"Equity investment eligible person" or "eligible person" means the persons who would most benefit from equitable investments by the State designed to combat discrimination and foster sustainable economic growth. Specifically, eligible person means the following people:
(1) persons whose primary residence is in an equity
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| investment eligible community;
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(2) persons whose primary residence is in a
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| municipality, or a county with a population under 100,000, where the closure of an electric generating unit or mine has been publicly announced or the electric generating unit or mine is in the process of closing or closed within the last 5 years;
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(3) persons who are graduates of or currently
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| enrolled in the foster care system; or
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(4) persons who were formerly incarcerated.
"Existing emissions" means:
(1) for CO 2 e, the total average tons-per-year of CO 2 e
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| emitted by the EGU or large GHG-emitting unit either in the years 2018 through 2020 or, if the unit was not yet in operation by January 1, 2018, in the first 3 full years of that unit's operation; and
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(2) for any copollutant, the total average
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| tons-per-year of that copollutant emitted by the EGU or large GHG-emitting unit either in the years 2018 through 2020 or, if the unit was not yet in operation by January 1, 2018, in the first 3 full years of that unit's operation.
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"Green hydrogen" means a power plant technology in which an EGU creates electric power exclusively from electrolytic hydrogen, in a manner that produces zero carbon and copollutant emissions, using hydrogen fuel that is electrolyzed using a 100% renewable zero carbon emission energy source.
"Large greenhouse gas-emitting unit" or "large GHG-emitting unit" means a unit that is an electric generating unit or other fossil fuel-fired unit that itself has a nameplate capacity or
serves a generator that has a nameplate capacity greater than 25 MWe and that produces electricity, including, but not limited to, coal-fired, coal-derived, oil-fired, natural gas-fired, and cogeneration units.
"NO x emission rate" means the plant annual NO x total output emission rate as measured by the United States Environmental Protection Agency in its Emissions & Generation Resource Integrated Database (eGrid), or its successor, in the most recent year for which data is available.
"Public greenhouse gas-emitting units" or "public GHG-emitting unit" means large greenhouse gas-emitting units, including EGUs, that are wholly owned, directly or indirectly, by one or more municipalities, municipal corporations, joint municipal electric power agencies, electric cooperatives, or other governmental or nonprofit entities, whether organized and created under the laws of Illinois or another state.
"SO 2 emission rate" means the "plant annual SO 2 total output emission rate" as measured by the United States Environmental Protection Agency in its Emissions & Generation Resource Integrated Database (eGrid), or its successor, in the most recent year for which data is available.
(g) All EGUs and large greenhouse gas-emitting units that use coal or oil as a fuel and are not public GHG-emitting units shall permanently reduce all CO 2 e and copollutant emissions to zero no later than January 1, 2030.
(h) All EGUs and large greenhouse gas-emitting units that
use coal as a fuel and are public GHG-emitting units shall
permanently reduce CO 2 e emissions to
zero no later than December 31, 2045. Any source or plant with such units must also reduce their CO 2 e emissions by 45% from existing emissions by no later than January 1, 2035. If the emissions reduction requirement is not achieved by December 31, 2035, the plant shall retire one or more units or otherwise reduce its CO 2 e emissions by 45% from existing emissions by June 30, 2038.
(i) All EGUs and large greenhouse gas-emitting units that use gas as a fuel and are not public GHG-emitting units shall permanently reduce all CO 2 e and copollutant emissions to zero, including through unit retirement or the use of 100% green hydrogen or other similar technology that is commercially proven to achieve zero carbon emissions, according to the following:
(1) No later than January 1, 2030: all EGUs and large
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| greenhouse gas-emitting units that have a NO x emissions rate of greater than 0.12 lbs/MWh or a SO 2 emission rate of greater than 0.006 lb/MWh, and are located in or within 3 miles of an environmental justice community designated as of January 1, 2021 or an equity investment eligible community.
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(2) No later than January 1, 2040: all EGUs and large
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| greenhouse gas-emitting units that have a NO x emission rate of greater than 0.12 lbs/MWh or a SO 2 emission rate greater than 0.006 lb/MWh, and are not located in or within 3 miles of an environmental justice community designated as of January 1, 2021 or an equity investment eligible community. After January 1, 2035, each such EGU and large greenhouse gas-emitting unit shall reduce its CO 2 e emissions by at least 50% from its existing emissions for CO 2 e, and shall be limited in operation to, on average, 6 hours or less per day, measured over a calendar year, and shall not run for more than 24 consecutive hours except in emergency conditions, as designated by a Regional Transmission Organization or Independent System Operator.
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(3) No later than January 1, 2035: all EGUs and large
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| greenhouse gas-emitting units that began operation prior to the effective date of this amendatory Act of the 102nd General Assembly and have a NO x emission rate of less than or equal to 0.12 lb/MWh and a SO 2 emission rate less than or equal to 0.006 lb/MWh, and are located in or within 3 miles of an environmental justice community designated as of January 1, 2021 or an equity investment eligible community. Each such EGU and large greenhouse gas-emitting unit shall reduce its CO 2 e emissions by at least 50% from its existing emissions for CO 2 e no later than January 1, 2030.
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(4) No later than January 1, 2040: All remaining EGUs
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| and large greenhouse gas-emitting units that have a heat rate greater than or equal to 7000 BTU/kWh. Each such EGU and Large greenhouse gas-emitting unit shall reduce its CO 2 e emissions by at least 50% from its existing emissions for CO 2 e no later than January 1, 2035.
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(5) No later than January 1, 2045: all remaining EGUs
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| and large greenhouse gas-emitting units.
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(j) All EGUs and large greenhouse gas-emitting units that use gas as a fuel and are public GHG-emitting units shall permanently reduce all CO 2 e and copollutant emissions to zero, including through unit retirement or the use of 100% green hydrogen or other similar technology that is commercially proven to achieve zero carbon emissions by January 1, 2045.
(k) All EGUs and large greenhouse gas-emitting units that utilize combined heat and power or cogeneration technology shall permanently reduce all CO 2 e and copollutant emissions to zero, including through unit retirement or the use of 100% green hydrogen or other similar technology that is commercially proven to achieve zero carbon emissions by January 1, 2045.
(k-5) No EGU or large greenhouse gas-emitting unit that uses gas as a fuel and is not a public GHG-emitting unit may emit, in any 12-month period, CO 2 e or copollutants in excess of that unit's existing emissions for those pollutants.
(l) Notwithstanding subsections (g) through (k-5), large GHG-emitting units including EGUs may temporarily continue emitting CO 2 e and copollutants after any applicable deadline specified in any of subsections (g) through (k-5) if it has been determined, as described in paragraphs (1) and (2) of this subsection, that ongoing operation of the EGU is necessary to maintain power grid supply and reliability or ongoing operation of large GHG-emitting unit that is not an EGU is necessary to serve as an emergency backup to operations. Up to and including the occurrence of an emission reduction deadline under subsection (i), all EGUs and large GHG-emitting units must comply with the following terms:
(1) if an EGU or large GHG-emitting unit that is a
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| participant in a regional transmission organization intends to retire, it must submit documentation to the appropriate regional transmission organization by the appropriate deadline that meets all applicable regulatory requirements necessary to obtain approval to permanently cease operating the large GHG-emitting unit;
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(2) if any EGU or large GHG-emitting unit that is a
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| participant in a regional transmission organization receives notice that the regional transmission organization has determined that continued operation of the unit is required, the unit may continue operating until the issue identified by the regional transmission organization is resolved. The owner or operator of the unit must cooperate with the regional transmission organization in resolving the issue and must reduce its emissions to zero, consistent with the requirements under subsection (g), (h), (i), (j), (k), or (k-5), as applicable, as soon as practicable when the issue identified by the regional transmission organization is resolved; and
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(3) any large GHG-emitting unit that is not a
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| participant in a regional transmission organization shall be allowed to continue emitting CO 2 e and copollutants after the zero-emission date specified in subsection (g), (h), (i), (j), (k), or (k-5), as applicable, in the capacity of an emergency backup unit if approved by the Illinois Commerce Commission.
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(m) No variance, adjusted standard, or other regulatory relief otherwise available in this Act may be granted to the emissions reduction and elimination obligations in this Section.
(n) By June 30 of each year, beginning in 2025, the Agency shall prepare and publish on its website a report setting forth the actual greenhouse gas emissions from individual units and the aggregate statewide emissions from all units for the prior year.
(o) Every 5 years beginning in 2025, the Environmental Protection Agency, Illinois Power Agency, and Illinois Commerce Commission shall jointly prepare, and release publicly, a report to the General Assembly that examines the State's current progress toward its renewable energy resource development goals, the status of CO 2 e and copollutant emissions reductions, the current status and progress toward developing and implementing green hydrogen technologies, the current and projected status of electric resource adequacy and reliability throughout the State for the period beginning 5 years ahead, and proposed solutions for any findings. The Environmental Protection Agency, Illinois Power Agency, and Illinois Commerce Commission shall consult PJM Interconnection, LLC and Midcontinent Independent System Operator, Inc., or their respective successor organizations regarding forecasted resource adequacy and reliability needs, anticipated new generation interconnection, new transmission development or upgrades, and any announced large GHG-emitting unit closure dates and include this information in the report. The report shall be released publicly by no later than December 15 of the year it is prepared. If the Environmental Protection Agency, Illinois Power Agency, and Illinois Commerce Commission jointly conclude in the report that the data from the regional grid operators, the pace of renewable energy development, the pace of development of energy storage and demand response utilization, transmission capacity, and the CO 2 e and copollutant emissions reductions required by subsection (i) or (k-5) reasonably demonstrate that a resource adequacy shortfall will occur, including whether there will be sufficient in-state capacity to meet the zonal requirements of MISO Zone 4 or the PJM ComEd Zone, per the requirements of the regional transmission organizations, or that the regional transmission operators determine that a reliability violation will occur during the time frame the study is evaluating, then the Illinois Power Agency, in conjunction with the Environmental Protection Agency shall develop a plan to reduce or delay CO 2 e and copollutant emissions reductions requirements only to the extent and for the duration necessary to meet the resource adequacy and reliability needs of the State, including allowing any plants whose emission reduction deadline has been identified in the plan as creating a reliability concern to continue operating, including operating with reduced emissions or as emergency backup where appropriate. The plan shall also consider the use of renewable energy, energy storage, demand response, transmission development, or other strategies to resolve the identified resource adequacy shortfall or reliability violation.
(1) In developing the plan, the Environmental
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| Protection Agency and the Illinois Power Agency shall hold at least one workshop open to, and accessible at a time and place convenient to, the public and shall consider any comments made by stakeholders or the public. Upon development of the plan, copies of the plan shall be posted and made publicly available on the Environmental Protection Agency's, the Illinois Power Agency's, and the Illinois Commerce Commission's websites. All interested parties shall have 60 days following the date of posting to provide comment to the Environmental Protection Agency and the Illinois Power Agency on the plan. All comments submitted to the Environmental Protection Agency and the Illinois Power Agency shall be encouraged to be specific, supported by data or other detailed analyses, and, if objecting to all or a portion of the plan, accompanied by specific alternative wording or proposals. All comments shall be posted on the Environmental Protection Agency's, the Illinois Power Agency's, and the Illinois Commerce Commission's websites. Within 30 days following the end of the 60-day review period, the Environmental Protection Agency and the Illinois Power Agency shall revise the plan as necessary based on the comments received and file its revised plan with the Illinois Commerce Commission for approval.
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(2) Within 60 days after the filing of the revised
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| plan at the Illinois Commerce Commission, any person objecting to the plan shall file an objection with the Illinois Commerce Commission. Within 30 days after the expiration of the comment period, the Illinois Commerce Commission shall determine whether an evidentiary hearing is necessary. The Illinois Commerce Commission shall also host 3 public hearings within 90 days after the plan is filed. Following the evidentiary and public hearings, the Illinois Commerce Commission shall enter its order approving or approving with modifications the reliability mitigation plan within 180 days.
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(3) The Illinois Commerce Commission shall only
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| approve the plan if the Illinois Commerce Commission determines that it will resolve the resource adequacy or reliability deficiency identified in the reliability mitigation plan at the least amount of CO 2 e and copollutant emissions, taking into consideration the emissions impacts on environmental justice communities, and that it will ensure adequate, reliable, affordable, efficient, and environmentally sustainable electric service at the lowest total cost over time, taking into account the impact of increases in emissions.
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(4) If the resource adequacy or reliability
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| deficiency identified in the reliability mitigation plan is resolved or reduced, the Environmental Protection Agency and the Illinois Power Agency may file an amended plan adjusting the reduction or delay in CO 2 e and copollutant emission reduction requirements identified in the plan.
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(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
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(415 ILCS 5/9.16) Sec. 9.16. Control of ethylene oxide sterilization sources. (a) As used in this Section: "Ethylene oxide sterilization operations" means the process of using ethylene oxide at an ethylene oxide sterilization source to make one or more items free from microorganisms, pathogens, or both microorganisms and pathogens. "Ethylene oxide sterilization source" means any stationary source with ethylene oxide usage that would subject it to the emissions standards in 40 CFR 63.362. "Ethylene oxide sterilization source" does not include beehive fumigators, research or laboratory facilities, hospitals, doctors' offices, clinics, or other stationary sources for which the primary purpose is to provide medical services to humans or animals. "Exhaust point" means any point through which ethylene oxide-laden air exits an ethylene oxide sterilization source. "Stationary source" has the meaning set forth in subsection 1 of Section 39.5. (b) Beginning 180 days after June 21, 2019 (the effective date of Public Act 101-22), no person shall conduct ethylene oxide sterilization operations, unless the ethylene oxide sterilization source captures, and demonstrates that it captures, 100% of all ethylene oxide emissions and reduces ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source by at least 99.9% or to 0.2 parts per million. (1) Within 180 days after June 21, 2019 (the |
| effective date of Public Act 101-22) for any existing ethylene oxide sterilization source, or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after June 21, 2019 (the effective date of Public Act 101-22) as an ethylene oxide sterilization source under this Section, the owner or operator of the ethylene oxide sterilization source shall conduct an initial emissions test in accordance with all of the requirements set forth in this paragraph (1) to verify that ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source have been reduced by at least 99.9% or to 0.2 parts per million:
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(A) At least 30 days prior to the scheduled
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| emissions test date, the owner or operator of the ethylene oxide sterilization source shall submit a notification of the scheduled emissions test date and a copy of the proposed emissions test protocol to the Agency for review and written approval. Emissions test protocols submitted to the Agency shall address the manner in which testing will be conducted, including, but not limited to:
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(i) the name of the independent third party
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| company that will be performing sampling and analysis and the company's experience with similar emissions tests;
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(ii) the methodologies to be used;
(iii) the conditions under which emissions
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| tests will be performed, including a discussion of why these conditions will be representative of maximum emissions from each of the 3 cycles of operation (chamber evacuation, back vent, and aeration) and the means by which the operating parameters for the emission unit and any control equipment will be determined;
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(iv) the specific determinations of emissions
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| and operations that are intended to be made, including sampling and monitoring locations; and
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(v) any changes to the test method or methods
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| proposed to accommodate the specific circumstances of testing, with justification.
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(B) The owner or operator of the ethylene oxide
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| sterilization source shall perform emissions testing in accordance with an Agency-approved test protocol and at representative conditions to verify that ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source have been reduced by at least 99.9% or to 0.2 parts per million. The duration of the test must incorporate all 3 cycles of operation for determination of the emission reduction efficiency.
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(C) Upon Agency approval of the test protocol,
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| any source that first becomes subject to regulation after June 21, 2019 (the effective date of Public Act 101-22) as an ethylene oxide sterilization source under this Section may undertake ethylene oxide sterilization operations in accordance with the Agency-approved test protocol for the sole purpose of demonstrating compliance with this subsection (b).
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(D) The owner or operator of the ethylene oxide
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| sterilization source shall submit to the Agency the results of any and all emissions testing conducted after June 21, 2019 (the effective date of Public Act 101-22), until the Agency accepts testing results under subparagraph (E) of paragraph (1) of this subsection (b), for any existing source or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after June 21, 2019 (the effective date of Public Act 101-22) as an ethylene oxide sterilization source under this Section. The results documentation shall include at a minimum:
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(i) a summary of results;
(ii) a description of test method or methods,
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| including description of sample points, sampling train, analysis equipment, and test schedule;
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(iii) a detailed description of test
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| conditions, including process information and control equipment information; and
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(iv) data and calculations, including copies
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| of all raw data sheets, opacity observation records and records of laboratory analyses, sample calculations, and equipment calibration.
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(E) Within 30 days of receipt, the Agency shall
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| accept, accept with conditions, or decline to accept a stack testing protocol and the testing results submitted to demonstrate compliance with paragraph (1) of this subsection (b). If the Agency accepts with conditions or declines to accept the results submitted, the owner or operator of the ethylene oxide sterilization source shall submit revised results of the emissions testing or conduct emissions testing again. If the owner or operator revises the results, the revised results shall be submitted within 15 days after the owner or operator of the ethylene oxide sterilization source receives written notice of the Agency's conditional acceptance or rejection of the emissions testing results. If the owner or operator conducts emissions testing again, such new emissions testing shall conform to the requirements of this subsection (b).
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(2) The owner or operator of the ethylene oxide
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| sterilization source shall conduct emissions testing on all exhaust points at the ethylene oxide sterilization source at least once each calendar year to demonstrate compliance with the requirements of this Section and any applicable requirements concerning ethylene oxide that are set forth in either United States Environmental Protection Agency rules or Board rules. Annual emissions tests required under this paragraph (2) shall take place at least 6 months apart. An initial emissions test conducted under paragraph (1) of this subsection (b) satisfies the testing requirement of this paragraph (2) for the calendar year in which the initial emissions test is conducted.
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(3) At least 30 days before conducting the annual
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| emissions test required under paragraph (2) of this subsection (b), the owner or operator shall submit a notification of the scheduled emissions test date and a copy of the proposed emissions test protocol to the Agency for review and written approval. Emissions test protocols submitted to the Agency under this paragraph (3) must address each item listed in subparagraph (A) of paragraph (1) of this subsection (b). Emissions testing shall be performed in accordance with an Agency-approved test protocol and at representative conditions. In addition, as soon as practicable, but no later than 30 days after the emissions test date, the owner or operator shall submit to the Agency the results of the emissions testing required under paragraph (2) of this subsection (b). Such results must include each item listed in subparagraph (D) of paragraph (1) of this subsection (b).
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(4) If the owner or operator of an ethylene oxide
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| sterilization source conducts any emissions testing in addition to tests required by Public Act 101-22, the owner or operator shall submit to the Agency the results of such emissions testing within 30 days after the emissions test date.
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(5) The Agency shall accept, accept with conditions,
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| or decline to accept testing results submitted to demonstrate compliance with paragraph (2) of this subsection (b). If the Agency accepts with conditions or declines to accept the results submitted, the owner or operator of the ethylene oxide sterilization source shall submit revised results of the emissions testing or conduct emissions testing again. If the owner or operator revises the results, the revised results shall be submitted within 15 days after the owner or operator of the ethylene oxide sterilization source receives written notice of the Agency's conditional acceptance or rejection of the emissions testing results. If the owner or operator conducts emissions testing again, such new emissions testing shall conform to the requirements of this subsection (b).
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(c) If any emissions test conducted more than 180 days after June 21, 2019 (the effective date of Public Act 101-22) fails to demonstrate that ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source have been reduced by at least 99.9% or to 0.2 parts per million, the owner or operator of the ethylene oxide sterilization source shall immediately cease ethylene oxide sterilization operations and notify the Agency within 24 hours of becoming aware of the failed emissions test. Within 60 days after the date of the test, the owner or operator of the ethylene oxide sterilization source shall:
(1) complete an analysis to determine the root cause
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| of the failed emissions test;
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(2) take any actions necessary to address that root
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(3) submit a report to the Agency describing the
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| findings of the root cause analysis, any work undertaken to address findings of the root cause analysis, and identifying any feasible best management practices to enhance capture and further reduce ethylene oxide levels within the ethylene oxide sterilization source, including a schedule for implementing such practices; and
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(4) upon approval by the Agency of the report
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| required by paragraph (3) of this subsection, restart ethylene oxide sterilization operations only to the extent necessary to conduct additional emissions test or tests. The ethylene oxide sterilization source shall conduct such emissions test or tests under the same requirements as the annual test described in paragraphs (2) and (3) of subsection (b). The ethylene oxide sterilization source may restart operations once an emissions test successfully demonstrates that ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source have been reduced by at least 99.9% or to 0.2 parts per million, the source has submitted the results of all emissions testing conducted under this subsection to the Agency, and the Agency has approved the results demonstrating compliance.
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(d) Beginning 180 days after June 21, 2019 (the effective date of Public Act 101-22) this amendatory Act of the 101st General Assembly for any existing source or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after June 21, 2019 (the effective date of Public Act 101-22) as an ethylene oxide sterilization source under this Section, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source submits for review and approval by the Agency a plan describing how the owner or operator will continuously collect emissions information at the ethylene oxide sterilization source. This plan must also specify locations at the ethylene oxide sterilization source from which emissions will be collected and identify equipment used for collection and analysis, including the individual system components.
(1) The owner or operator of the ethylene oxide
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| sterilization source must provide a notice of acceptance of any conditions added by the Agency to the plan, or correct any deficiencies identified by the Agency in the plan, within 3 business days after receiving the Agency's conditional acceptance or denial of the plan.
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(2) Upon the Agency's approval of the plan, the owner
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| or operator of the ethylene oxide sterilization source shall implement the plan in accordance with its approved terms.
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(e) Beginning 180 days after June 21, 2019 (the effective date of Public Act 101-22) for any existing source or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after June 21, 2019 (the effective date of Public Act 101-22) as an ethylene oxide sterilization source under this Section, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source submits for review and approval by the Agency an Ambient Air Monitoring Plan.
(1) The Ambient Air Monitoring Plan shall include, at
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| a minimum, the following:
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(A) Detailed plans to collect and analyze air
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| samples for ethylene oxide on at least a quarterly basis near the property boundaries of the ethylene oxide sterilization source and at community locations with the highest modeled impact pursuant to the modeling conducted under subsection (f). Each quarterly sampling under this subsection shall be conducted over a multiple-day sampling period.
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(B) A schedule for implementation.
(C) The name of the independent third party
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| company that will be performing sampling and analysis and the company's experience with similar testing.
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(2) The owner or operator of the ethylene oxide
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| sterilization source must provide a notice of acceptance of any conditions added by the Agency to the Ambient Air Monitoring Plan, or correct any deficiencies identified by the Agency in the Ambient Air Monitoring Plan, within 3 business days after receiving the Agency's conditional acceptance or denial of the plan.
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(3) Upon the Agency's approval of the plan, the owner
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| or operator of the ethylene oxide sterilization source shall implement the Ambient Air Monitoring Plan in accordance with its approved terms.
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(f) Beginning 180 days after June 21, 2019 (the effective date of Public Act 101-22) for any existing source or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after June 21, 2019 (the effective date of Public Act 101-22) as an ethylene oxide sterilization source under this Section, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source has performed dispersion modeling and the Agency approves such modeling.
(1) Dispersion modeling must:
(A) be conducted using accepted United States
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| Environmental Protection Agency methodologies, including 40 CFR Part 51, Appendix W, except that no background ambient levels of ethylene oxide shall be used;
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(B) use emissions and stack parameter data from
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| the emissions test conducted in accordance with paragraph (1) of subsection (b), and use 5 years of hourly meteorological data that is representative of the source's location; and
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(C) use a receptor grid that extends to at least
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| one kilometer around the source and ensure the modeling domain includes the area of maximum impact, with receptor spacing no greater than every 50 meters starting from the building walls of the source extending out to a distance of at least one-half kilometer, then every 100 meters extending out to a distance of at least one kilometer.
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(2) The owner or operator of the ethylene oxide
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| sterilization source shall submit revised results of all modeling if the Agency accepts with conditions or declines to accept the results submitted.
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(g) A facility permitted to emit ethylene oxide that has been subject to a seal order under Section 34 is prohibited from using ethylene oxide for sterilization or fumigation purposes, unless (i) the facility can provide a certification to the Agency by the supplier of a product to be sterilized or fumigated that ethylene oxide sterilization or fumigation is the only available method to completely sterilize or fumigate the product and (ii) the Agency has certified that the facility's emission control system uses technology that produces the greatest reduction in ethylene oxide emissions currently available. The certification shall be made by a company representative with knowledge of the sterilization requirements of the product. The certification requirements of this Section shall apply to any group of products packaged together and sterilized as a single product if sterilization or fumigation is the only available method to completely sterilize or fumigate more than half of the individual products contained in the package.
A facility is not subject to the requirements of this subsection if the supporting findings of the seal order under Section 34 are found to be without merit by a court of competent jurisdiction.
(h) If an entity, or any parent or subsidiary of an entity, that owns or operates a facility permitted by the Agency to emit ethylene oxide acquires by purchase, license, or any other method of acquisition any intellectual property right in a sterilization technology that does not involve the use of ethylene oxide, or by purchase, merger, or any other method of acquisition of any entity that holds an intellectual property right in a sterilization technology that does not involve the use of ethylene oxide, that entity, parent, or subsidiary shall notify the Agency of the acquisition within 30 days of acquiring it. If that entity, parent, or subsidiary has not used the sterilization technology within 3 years of its acquisition, the entity shall notify the Agency within 30 days of the 3-year period elapsing.
An entity, or any parent or subsidiary of an entity, that owns or operates a facility permitted by the Agency to emit ethylene oxide that has any intellectual property right in any sterilization technology that does not involve the use of ethylene oxide shall notify the Agency of any offers that it makes to license or otherwise allow the technology to be used by third parties within 30 days of making the offer.
An entity, or any parent or subsidiary of an entity, that owns or operates a facility permitted by the Agency to emit ethylene oxide shall provide the Agency with a list of all U.S. patent registrations for sterilization technology that the entity, parent, or subsidiary has any property right in. The list shall include the following:
(1) The patent number assigned by the United States
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| Patent and Trademark Office for each patent.
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(2) The date each patent was filed.
(3) The names and addresses of all owners or
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| assignees of each patent.
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(4) The names and addresses of all inventors of each
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(i) If a CAAPP permit applicant applies to use ethylene oxide as a sterilant or fumigant at a facility not in existence prior to January 1, 2020, the Agency shall issue a CAAPP permit for emission of ethylene oxide only if:
(1) the nearest school or park is at least 10 miles
|
| from the permit applicant in counties with populations greater than 50,000;
|
|
(2) the nearest school or park is at least 15 miles
|
| from the permit applicant in counties with populations less than or equal to 50,000; and
|
|
(3) within 7 days after the application for a CAAPP
|
| permit, the permit applicant has published its permit request on its website, published notice in a local newspaper of general circulation, and provided notice to:
|
|
(A) the State Representative for the
|
| representative district in which the facility is located;
|
|
(B) the State Senator for the legislative
|
| district in which the facility is located;
|
|
(C) the members of the county board for the
|
| county in which the facility is located; and
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|
(D) the local municipal board members and
|
|
(j) The owner or operator of an ethylene oxide sterilization source must apply for and obtain a construction permit from the Agency for any modifications made to the source to comply with the requirements of Public Act 101-22, including, but not limited to, installation of a permanent total enclosure, modification of airflow to create negative pressure within the source, and addition of one or more control devices. Additionally, the owner or operator of the ethylene oxide sterilization source must apply for and obtain from the Agency a modification of the source's operating permit to incorporate such modifications made to the source. Both the construction permit and operating permit must include a limit on ethylene oxide usage at the source.
(k) Nothing in this Section shall be interpreted to excuse the ethylene oxide sterilization source from complying with any applicable local requirements.
(l) The owner or operator of an ethylene oxide sterilization source must notify the Agency within 5 days after discovering any deviation from any of the requirements in this Section or deviations from any applicable requirements concerning ethylene oxide that are set forth in this Act, United States Environmental Protection Agency rules, or Board rules. As soon as practicable, but no later than 5 business days, after the Agency receives such notification, the Agency must post a notice on its website and notify the members of the General Assembly from the Legislative and Representative Districts in which the source in question is located, the county board members of the county in which the source in question is located, the corporate authorities of the municipality in which the source in question is located, and the Illinois Department of Public Health.
(m) The Agency must conduct at least one unannounced inspection of all ethylene oxide sterilization sources subject to this Section per year. Nothing in this Section shall limit the Agency's authority under other provisions of this Act to conduct inspections of ethylene oxide sterilization sources.
(n) The Agency shall conduct air testing to determine the ambient levels of ethylene oxide throughout the State. The Agency shall, within 180 days after June 21, 2019 (the effective date of Public Act 101-22), submit rules for ambient air testing of ethylene oxide to the Board.
(Source: P.A. 101-22, eff. 6-21-19; 102-558, eff. 8-20-21.)
|
(415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
Sec. 10. Regulations.
(A) The Board, pursuant to procedures prescribed in Title VII of
this Act, may adopt regulations to promote the purposes of this Title.
Without limiting the generality of this authority, such regulations may
among other things prescribe:
(a) (Blank);
(b) Emission standards specifying the maximum amounts |
| or concentrations of various contaminants that may be discharged into the atmosphere;
|
|
(c) Standards for the issuance of permits for
|
| construction, installation, or operation of any equipment, facility, vehicle, vessel, or aircraft capable of causing or contributing to air pollution or designed to prevent air pollution;
|
|
(d) Standards and conditions regarding the sale,
|
| offer, or use of any fuel, vehicle, or other article determined by the Board to constitute an air-pollution hazard;
|
|
(e) Alert and abatement standards relative to
|
| air-pollution episodes or emergencies constituting an acute danger to health or to the environment;
|
|
(f) Requirements and procedures for the inspection of
|
| any equipment, facility, vehicle, vessel, or aircraft that may cause or contribute to air pollution;
|
|
(g) Requirements and standards for equipment and
|
| procedures for monitoring contaminant discharges at their sources, the collection of samples, and the collection, reporting, and retention of data resulting from such monitoring.
|
|
(B) The Board may adopt regulations and emission standards that are applicable or that may become applicable to stationary emission sources located in all areas of the State in accordance with any of the following:
(1) that are required by federal law;
(2) that are otherwise part of the State's attainment
|
| plan and are necessary to attain the national ambient air quality standards; or
|
|
(3) that are necessary to comply with the
|
| requirements of the federal Clean Air Act.
|
|
(C) The Board may not adopt any regulation banning the burning of landscape
waste throughout the State generally. The Board may, by regulation, restrict
or prohibit the burning of landscape waste within
any geographical area of the State if it determines based on medical and
biological evidence generally accepted by the scientific community that
such burning will produce in the atmosphere of that geographical area
contaminants in sufficient quantities and of such characteristics and
duration as to be injurious to human, plant, or animal life or health.
(D) The Board shall adopt regulations requiring the owner or operator of
a gasoline dispensing system that dispenses more than 10,000 gallons of
gasoline per month to install and operate a system for the recovery of
gasoline vapor emissions arising from the fueling of motor vehicles that
meets the requirements of Section 182 of the federal Clean Air Act (42 U.S.C.
7511a). These regulations shall apply only in areas of the State that are
classified as moderate, serious, severe, or extreme nonattainment areas for
ozone pursuant to Section 181 of the federal Clean Air Act (42 U.S.C. 7511),
but shall not apply in such areas classified as moderate nonattainment
areas for ozone if the Administrator of the U.S. Environmental Protection
Agency promulgates standards for vehicle-based (onboard) systems for the
control of vehicle refueling emissions pursuant to Section 202(a)(6) of the
federal Clean Air Act (42 U.S.C. 7521(a)(6)) by November 15, 1992.
(E) The Board shall not adopt or enforce any regulation requiring the use
of a tarpaulin or other covering on a truck, trailer, or other vehicle that is
stricter than the requirements of Section 15-109.1 of the Illinois Vehicle
Code. To the extent that it is in conflict with this subsection, the Board's
rule codified as 35 Ill. Adm. Code 212.315 is hereby superseded.
(F) Any person who, prior to June 8, 1988, has filed a timely Notice of
Intent to Petition for an Adjusted RACT Emissions Limitation and who
subsequently timely files a completed petition for an adjusted RACT
emissions limitation pursuant to 35 Ill. Adm. Code Part 215, Subpart I,
shall be subject to the procedures contained in Subpart I but shall be
excluded by operation of law from 35 Ill. Adm. Code Part 215, Subparts PP,
QQ, and RR, including the applicable definitions in 35 Ill. Adm. Code Part
211. Such persons shall instead be subject to a separate regulation which
the Board is hereby authorized to adopt pursuant to the adjusted RACT
emissions limitation procedure in 35 Ill. Adm. Code Part 215, Subpart I.
In its final action on the petition, the Board shall create a separate rule
which establishes Reasonably Available Control Technology (RACT) for such
person. The purpose of this procedure is to create separate and
independent regulations for purposes of SIP submittal, review, and approval
by USEPA.
(G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code 218.720
through 218.730 and 219.720 through 219.730, are hereby repealed by
operation of law and are rendered null and void and of no force and effect.
(H) In accordance with subsection (b) of Section 7.2, the Board shall adopt ambient air quality standards specifying the maximum permissible short-term and long-term concentrations of various contaminants in the atmosphere; those standards shall be identical in substance to the national ambient air quality standards promulgated by the Administrator of the United States Environmental Protection Agency in accordance with Section 109 of the Clean Air Act. The Board may consolidate into a single rulemaking under this subsection all such federal regulations adopted within a period of time not to exceed 6 months. The provisions and requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act, relating to procedures for rulemaking, shall not apply to identical in substance regulations adopted pursuant to this subsection. However, the Board shall provide for notice and public comment before adopted rules are filed with the Secretary of State. 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, air quality standards more stringent than the standards promulgated by the Administrator, pursuant to the rulemaking requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 103-154, eff. 6-30-23.)
|
(415 ILCS 5/12) (from Ch. 111 1/2, par. 1012) (Text of Section before amendment by P.A. 103-801 ) Sec. 12. Actions prohibited. No person shall: (a) Cause or threaten or allow the discharge of any |
| contaminants into the environment in any State so as to cause or tend to cause water pollution in Illinois, either alone or in combination with matter from other sources, or so as to violate regulations or standards adopted by the Pollution Control Board under this Act.
|
|
(b) Construct, install, or operate any equipment,
|
| facility, vessel, or aircraft capable of causing or contributing to water pollution, or designed to prevent water pollution, of any type designated by Board regulations, without a permit granted by the Agency, or in violation of any conditions imposed by such permit.
|
|
(c) Increase the quantity or strength of any
|
| discharge of contaminants into the waters, or construct or install any sewer or sewage treatment facility or any new outlet for contaminants into the waters of this State, without a permit granted by the Agency.
|
|
(d) Deposit any contaminants upon the land in such
|
| place and manner so as to create a water pollution hazard.
|
|
(e) Sell, offer, or use any article in any area in
|
| which the Board has by regulation forbidden its sale, offer, or use for reasons of water pollution control.
|
|
(f) Cause, threaten or allow the discharge of any
|
| contaminant into the waters of the State, as defined herein, including but not limited to, waters to any sewage works, or into any well or from any point source within the State, without an NPDES permit for point source discharges issued by the Agency under Section 39(b) of this Act, or in violation of any term or condition imposed by such permit, or in violation of any NPDES permit filing requirement established under Section 39(b), or in violation of any regulations adopted by the Board or of any order adopted by the Board with respect to the NPDES program.
|
|
No permit shall be required under this subsection and
|
| under Section 39(b) of this Act for any discharge for which a permit is not required under the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto.
|
|
For all purposes of this Act, a permit issued by the
|
| Administrator of the United States Environmental Protection Agency under Section 402 of the Federal Water Pollution Control Act, as now or hereafter amended, shall be deemed to be a permit issued by the Agency pursuant to Section 39(b) of this Act. However, this shall not apply to the exclusion from the requirement of an operating permit provided under Section 13(b)(i).
|
|
Compliance with the terms and conditions of any
|
| permit issued under Section 39(b) of this Act shall be deemed compliance with this subsection except that it shall not be deemed compliance with any standard or effluent limitation imposed for a toxic pollutant injurious to human health.
|
|
In any case where a permit has been timely applied
|
| for pursuant to Section 39(b) of this Act but final administrative disposition of such application has not been made, it shall not be a violation of this subsection to discharge without such permit unless the complainant proves that final administrative disposition has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.
|
|
(g) Cause, threaten or allow the underground
|
| injection of contaminants without a UIC permit issued by the Agency under Section 39(d) of this Act, or in violation of any term or condition imposed by such permit, or in violation of any regulations or standards adopted by the Board or of any order adopted by the Board with respect to the UIC program.
|
|
No permit shall be required under this subsection and
|
| under Section 39(d) of this Act for any underground injection of contaminants for which a permit is not required under Part C of the Safe Drinking Water Act (P.L. 93-523), as amended, unless a permit is authorized or required under regulations adopted by the Board pursuant to Section 13 of this Act.
|
|
(h) Introduce contaminants into a sewage works from
|
| any nondomestic source except in compliance with the regulations and standards adopted by the Board under this Act.
|
|
(i) Beginning January 1, 2013 or 6 months after the
|
| date of issuance of a general NPDES permit for surface discharging private sewage disposal systems by the Illinois Environmental Protection Agency or by the United States Environmental Protection Agency, whichever is later, construct or install a surface discharging private sewage disposal system that discharges into the waters of the United States, as that term is used in the Federal Water Pollution Control Act, unless he or she has a coverage letter under a NPDES permit issued by the Illinois Environmental Protection Agency or by the United States Environmental Protection Agency or he or she is constructing or installing the surface discharging private sewage disposal system in a jurisdiction in which the local public health department has a general NPDES permit issued by the Illinois Environmental Protection Agency or by the United States Environmental Protection Agency and the surface discharging private sewage disposal system is covered under the general NPDES permit.
|
|
(Source: P.A. 96-801, eff. 1-1-10; 97-1081, eff. 8-24-12.)
(Text of Section after amendment by P.A. 103-801 )
Sec. 12. Actions prohibited. No person shall:
(a) Cause or threaten or allow the discharge of any
|
| contaminants into the environment in any State so as to cause or tend to cause water pollution in Illinois, either alone or in combination with matter from other sources, or so as to violate regulations or standards adopted by the Pollution Control Board under this Act. Notwithstanding any provision of law to the contrary, compliance with the terms and conditions of a permit issued under Section 39(b) of the Act for a permit that authorizes reuse of wastewater for irrigation shall be deemed compliance with this subsection.
|
|
(b) Construct, install, or operate any equipment,
|
| facility, vessel, or aircraft capable of causing or contributing to water pollution, or designed to prevent water pollution, of any type designated by Board regulations, without a permit granted by the Agency, or in violation of any conditions imposed by such permit.
|
|
(c) Increase the quantity or strength of any
|
| discharge of contaminants into the waters, or construct or install any sewer or sewage treatment facility or any new outlet for contaminants into the waters of this State, without a permit granted by the Agency.
|
|
(d) Deposit any contaminants upon the land in such
|
| place and manner so as to create a water pollution hazard.
|
|
(e) Sell, offer, or use any article in any area in
|
| which the Board has by regulation forbidden its sale, offer, or use for reasons of water pollution control.
|
|
(f) Cause, threaten or allow the discharge of any
|
| contaminant into the waters of the State, as defined herein, including but not limited to, waters to any sewage works, or into any well or from any point source within the State, without an NPDES permit for point source discharges issued by the Agency under Section 39(b) of this Act, or in violation of any term or condition imposed by such permit, or in violation of any NPDES permit filing requirement established under Section 39(b), or in violation of any regulations adopted by the Board or of any order adopted by the Board with respect to the NPDES program.
|
|
No permit shall be required under this subsection and
|
| under Section 39(b) of this Act for any discharge for which a permit is not required under the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto.
|
|
For all purposes of this Act, a permit issued by the
|
| Administrator of the United States Environmental Protection Agency under Section 402 of the Federal Water Pollution Control Act, as now or hereafter amended, shall be deemed to be a permit issued by the Agency pursuant to Section 39(b) of this Act. However, this shall not apply to the exclusion from the requirement of an operating permit provided under Section 13(b)(i).
|
|
Compliance with the terms and conditions of any
|
| permit issued under Section 39(b) of this Act shall be deemed compliance with this subsection except that it shall not be deemed compliance with any standard or effluent limitation imposed for a toxic pollutant injurious to human health.
|
|
In any case where a permit has been timely applied
|
| for pursuant to Section 39(b) of this Act but final administrative disposition of such application has not been made, it shall not be a violation of this subsection to discharge without such permit unless the complainant proves that final administrative disposition has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.
|
|
(g) Cause, threaten or allow the underground
|
| injection of contaminants without a UIC permit issued by the Agency under Section 39(d) of this Act, or in violation of any term or condition imposed by such permit, or in violation of any regulations or standards adopted by the Board or of any order adopted by the Board with respect to the UIC program.
|
|
No permit shall be required under this subsection and
|
| under Section 39(d) of this Act for any underground injection of contaminants for which a permit is not required under Part C of the Safe Drinking Water Act (P.L. 93-523), as amended, unless a permit is authorized or required under regulations adopted by the Board pursuant to Section 13 of this Act.
|
|
(h) Introduce contaminants into a sewage works from
|
| any nondomestic source except in compliance with the regulations and standards adopted by the Board under this Act.
|
|
(i) Beginning January 1, 2013 or 6 months after the
|
| date of issuance of a general NPDES permit for surface discharging private sewage disposal systems by the Illinois Environmental Protection Agency or by the United States Environmental Protection Agency, whichever is later, construct or install a surface discharging private sewage disposal system that discharges into the waters of the United States, as that term is used in the Federal Water Pollution Control Act, unless he or she has a coverage letter under a NPDES permit issued by the Illinois Environmental Protection Agency or by the United States Environmental Protection Agency or he or she is constructing or installing the surface discharging private sewage disposal system in a jurisdiction in which the local public health department has a general NPDES permit issued by the Illinois Environmental Protection Agency or by the United States Environmental Protection Agency and the surface discharging private sewage disposal system is covered under the general NPDES permit.
|
|
(Source: P.A. 103-801, eff. 1-1-25.)
|
(415 ILCS 5/12.2) (from Ch. 111 1/2, par. 1012.2)
Sec. 12.2.
Water pollution construction permit fees.
(a) Beginning July 1, 2003, the Agency shall
collect a fee in the amount set forth in this Section:
(1) for any sewer which requires a construction |
| permit under paragraph (b) of Section 12, from each applicant for a sewer construction permit under paragraph (b) of Section 12 or regulations adopted hereunder; and
|
|
(2) for any treatment works, industrial pretreatment
|
| works, or industrial wastewater source that requires a construction permit under paragraph (b) of Section 12, from the applicant for the construction permit. However, no fee shall be required for a treatment works or wastewater source directly covered and authorized under an NPDES permit issued by the Agency, nor for any treatment works, industrial pretreatment works, or industrial wastewater source (i) that is under or pending construction authorized by a valid construction permit issued by the Agency prior to July 1, 2003, during the term of that construction permit, or (ii) for which a completed construction permit application has been received by the Agency prior to July 1, 2003, with respect to the permit issued under that application.
|
|
(b) Each applicant or person required to pay a fee under this Section
shall submit the fee to the Agency along with the permit application. The
Agency shall deny any construction permit application for which a fee is
required under this Section that does not contain the appropriate fee.
(c) The amount of the fee is as follows:
(1) A $100 fee shall be required for any sewer
|
| constructed with a design population of 1.
|
|
(2) A $400 fee shall be required for any sewer
|
| constructed with a design population of 2 to 20.
|
|
(3) A $800 fee shall be required for any sewer
|
| constructed with a design population greater than 20 but less than 101.
|
|
(4) A $1200 fee shall be required for any sewer
|
| constructed with a design population greater than 100 but less than 500.
|
|
(5) A $2400 fee shall be required for any sewer
|
| constructed with a design population of 500 or more.
|
|
(6) A $1,000 fee shall be required for any industrial
|
| wastewater source that does not require pretreatment of the wastewater prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
|
|
(7) A $3,000 fee shall be required for any industrial
|
| wastewater source that requires pretreatment of the wastewater for non-toxic pollutants prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
|
|
(8) A $6,000 fee shall be required for any industrial
|
| wastewater source that requires pretreatment of the wastewater for toxic pollutants prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
|
|
(9) A $2,500 fee shall be required for construction
|
| relating to land application of industrial sludge or spray irrigation of industrial wastewater.
|
|
All fees collected by the Agency under this Section shall be deposited into
the Environmental Protection Permit and Inspection Fund in accordance with
Section 22.8.
(d) Prior to a final Agency decision on a permit application for which
a fee has been paid under this Section, the applicant may propose
modification to the application in accordance with this Act and regulations
adopted hereunder without any additional fee becoming due, unless the
proposed modifications cause an increase in the design population served by
the sewer specified in the permit application before the modifications
or the modifications cause a change in the applicable fee category stated
in subsection (c). If the modifications cause such an increase or change
the fee category and the increase results in additional fees being due under
subsection (c), the applicant shall submit the additional fee to the Agency
with the proposed modifications.
(e) No fee shall be due under this Section from:
(1) any department, agency or unit of State
|
| government for installing or extending a sewer;
|
|
(2) any unit of local government with which the
|
| Agency has entered into a written delegation agreement under Section 4 which allows such unit to issue construction permits under this Title, or regulations adopted hereunder, for installing or extending a sewer; or
|
|
(3) any unit of local government or school district
|
| for installing or extending a sewer where both of the following conditions are met:
|
|
(i) the cost of the installation or extension is
|
| paid wholly from monies of the unit of local government or school district, State grants or loans, federal grants or loans, or any combination thereof; and
|
|
(ii) the unit of local government or school
|
| district is not given monies, reimbursed or paid, either in whole or in part, by another person (except for State grants or loans or federal grants or loans) for the installation or extension.
|
|
(f) The Agency may establish procedures relating to the collection of
fees under this Section. The Agency shall not refund any fee paid to it
under this Section. Notwithstanding the provisions of any rule adopted
before July 1, 2003 concerning fees under this Section, the Agency
shall assess and collect the fees imposed under subdivision (a)(2) of this
Section and the increases in the fees imposed under subdivision (a)(1) of
this Section beginning on July 1, 2003, for all completed applications
received on or after that date.
(g) Notwithstanding any other provision of this Act, the Agency shall,
not later than 45 days following the receipt of both an application for a
construction permit and the fee required by this Section, either approve
that application and issue a permit or tender to the applicant a written
statement setting forth with specificity the reasons for the disapproval of
the application and denial of a permit. If the Agency takes no final action
within 45 days after the filing of the application for a permit, the applicant
may deem the permit issued.
(h) For purposes of this Section:
"Toxic pollutants" means those pollutants defined in Section 502(13) of
the federal Clean Water Act and regulations adopted pursuant to that Act.
"Industrial" refers to those industrial users referenced in Section 502(13)
of the federal Clean Water Act and regulations adopted pursuant to that Act.
"Pretreatment" means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to or in lieu of discharging or otherwise
introducing those pollutants into a publicly owned treatment works or publicly
regulated treatment works.
(Source: P.A. 93-32, eff. 7-1-03.)
|
(415 ILCS 5/12.5)
Sec. 12.5. NPDES discharge fees; sludge permit fees.
(a) Beginning July 1, 2003, the Agency shall assess and collect annual fees
(i) in the amounts set forth in subsection (e) for all discharges that require
an NPDES permit under subsection (f) of Section 12, from each person holding an
NPDES permit authorizing those discharges (including a person who continues to
discharge under an expired permit pending renewal), and (ii) in the amounts
set forth in subsection (f) of this Section for all activities that require a
permit under subsection (b) of Section 12, from each person holding a domestic
sewage sludge generator or user permit.
Each person subject to this Section must remit the applicable annual fee to
the Agency in accordance with the requirements set forth in this Section and
any rules adopted pursuant to this Section.
(b) Within 30 days after the effective date of this Section, and each year thereafter, except when a fee is not due because of the operation of subsection (c), the Agency shall send a fee notice by mail
to each existing permittee subject to a fee under this Section at his or her
address of record. The notice shall state the amount of the applicable annual
fee and the date by which payment is required.
Except as provided in subsection (c) with respect to initial fees under
new permits and certain modifications of existing permits, fees payable under
this Section are due by the date
specified in the fee notice, which shall be no less than 30 days after the date
the fee notice is mailed by the Agency.
(c) The initial annual fee for discharges under a new NPDES
permit or for activity under a new
sludge generator or sludge user
permit must be remitted to the Agency prior to the issuance of the permit.
The Agency shall provide notice of the amount of the fee to the applicant
during its review of the application. In the case of a new
NPDES
or sludge permit issued during the months of January through June, the Agency
may prorate the initial annual fee payable under this Section.
The initial annual fee for discharges or other activity under a general
NPDES permit must be remitted to the Agency as part of the application
for coverage under that general permit.
Beginning January 1, 2010, in the case of construction site storm water discharges for which a coverage letter under a general NPDES permit or individual NPDES permit has been issued or for which the application for coverage under an NPDES permit has been filed with the Agency, no annual fee shall be due after payment of an initial annual fee in the amount provided in subsection (e)(10) of this Section.
If a requested modification to an existing NPDES permit causes a change in
the applicable fee categories under subsection (e) that results in an increase
in the required fee, the permittee must pay to the Agency the amount of the
increase, prorated for the number of months remaining before the next July 1,
before the modification is granted.
(d) Failure to submit the fee required under this Section by the due
date constitutes a violation of this Section. Late payments shall incur an
interest penalty, calculated at the rate in effect from time to time for tax
delinquencies under subsection (a) of Section 1003 of the Illinois Income Tax
Act, from the date the fee is due until the date the fee payment is received
by the Agency.
(e) The annual fees applicable to discharges under NPDES permits are as
follows:
(1) For NPDES permits for publicly owned treatment |
| works, other facilities for which the wastewater being treated and discharged is primarily domestic sewage, and wastewater discharges from the operation of public water supply treatment facilities, the fee is:
|
|
(i) $1,500 for the 12 months beginning July 1,
|
| 2003 and $500 for each subsequent year, for facilities with a Design Average Flow rate of less than 100,000 gallons per day;
|
|
(ii) $5,000 for the 12 months beginning July 1,
|
| 2003 and $2,500 for each subsequent year, for facilities with a Design Average Flow rate of at least 100,000 gallons per day but less than 500,000 gallons per day;
|
|
(iii) $7,500 for facilities with a Design Average
|
| Flow rate of at least 500,000 gallons per day but less than 1,000,000 gallons per day;
|
|
(iv) $15,000 for facilities with a Design Average
|
| Flow rate of at least 1,000,000 gallons per day but less than 5,000,000 gallons per day;
|
|
(v) $30,000 for facilities with a Design Average
|
| Flow rate of at least 5,000,000 gallons per day but less than 10,000,000 gallons per day; and
|
|
(vi) $50,000 for facilities with a Design Average
|
| Flow rate of 10,000,000 gallons per day or more.
|
|
(2) For NPDES permits for treatment works or sewer
|
| collection systems that include combined sewer overflow outfalls, the fee is:
|
|
(i) $1,000 for systems serving a tributary
|
| population of 10,000 or less;
|
|
(ii) $5,000 for systems serving a tributary
|
| population that is greater than 10,000 but not more than 25,000; and
|
|
(iii) $20,000 for systems serving a tributary
|
| population that is greater than 25,000.
|
|
The fee amounts in this subdivision (e)(2) are in
|
| addition to the fees stated in subdivision (e)(1) when the combined sewer overflow outfall is contained within a permit subject to subsection (e)(1) fees.
|
|
(3) For NPDES permits for mines producing coal, the
|
|
(4) For NPDES permits for mines other than mines
|
| producing coal, the fee is $5,000.
|
|
(5) For NPDES permits for industrial activity where
|
| toxic substances are not regulated, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
|
|
(i) $1,000 for a facility with a Design Average
|
| Flow rate that is not more than 10,000 gallons per day;
|
|
(ii) $2,500 for a facility with a Design Average
|
| Flow rate that is more than 10,000 gallons per day but not more than 100,000 gallons per day; and
|
|
(iii) $10,000 for a facility with a Design
|
| Average Flow rate that is more than 100,000 gallons per day.
|
|
(6) For NPDES permits for industrial activity where
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| toxic substances are regulated, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
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(i) $15,000 for a facility with a Design Average
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| Flow rate that is not more than 250,000 gallons per day; and
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(ii) $20,000 for a facility with a Design Average
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| Flow rate that is more than 250,000 gallons per day.
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(7) For NPDES permits for industrial activity
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| classified by USEPA as a major discharge, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
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(i) $30,000 for a facility where toxic substances
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(ii) $50,000 for a facility where toxic
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| substances are regulated.
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(8) For NPDES permits for municipal separate storm
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| sewer systems, the fee is $1,000.
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(9) For NPDES permits for industrial storm water, the
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(10) For NPDES permits for construction site storm
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(A) for applications received before January 1,
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(B) for applications received on or after January
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(i) $250 if less than 5 acres are disturbed;
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(ii) $750 if 5 or more acres are disturbed.
(11) For an NPDES permit for a Concentrated Animal
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| Feeding Operation (CAFO), the fee is:
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|
(A) $750 for a Large CAFO, as defined in 40
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|
(B) $350 for a Medium CAFO, as defined in 40
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|
(C) $150 for a Small CAFO, as defined in 40
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|
(f) The annual fee for activities under a permit that authorizes applying
sludge on land is $2,500 for a sludge generator permit and $5,000 for a sludge
user permit.
(g) More than one of the annual fees specified in subsections (e) and (f)
may be applicable to a permit holder. These fees are in addition to any other
fees required under this Act.
(h) The fees imposed under this Section do not apply to the State or any
department or agency of the State, nor to any school district, or to any private sewage disposal system as defined in the Private Sewage Disposal Licensing Act (225 ILCS 225/).
(i) The Agency may adopt rules to administer the fee program established
in this Section. The Agency may include provisions pertaining to invoices,
notice of late payment, refunds, and disputes concerning the amount or timeliness of
payment. The Agency may set forth procedures and criteria for the acceptance
of payments. The absence of such rules does not affect the duty of the Agency
to immediately begin the assessment and collection of fees under this Section.
(j) All fees and interest penalties collected by the Agency under this
Section shall be deposited into the Illinois Clean Water Fund, which is
hereby created as a special fund in the State treasury. Gifts,
supplemental environmental project funds, and grants may be deposited into
the Fund. Investment earnings on moneys held in the Fund shall be credited
to the Fund.
Subject to appropriation, the moneys in the Fund shall be used by the
Agency to carry out the Agency's clean water activities.
(k) Except as provided in subsection (l) or Agency rules, fees paid to the Agency under this Section are not refundable.
(l) The Agency may refund the difference between (a) the amount paid by any person under subsection (e)(1)(i) or (e)(1)(ii) of this Section for the 12 months beginning July 1, 2004 and (b) the amount due under subsection (e)(1)(i) or (e)(1)(ii) as established by this amendatory Act of the 93rd General Assembly.
(Source: P.A. 96-245, eff. 8-11-09; 97-962, eff. 8-15-12.)
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