[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0397
SB861 Enrolled LRB9201356LDtm
AN ACT in relation to environmental matters.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended
by changing Sections 52.3-1 and 52.3-2 as follows:
(415 ILCS 5/52.3-1)
Sec. 52.3-1. Findings; purpose.
(a) The General Assembly finds that:
(1) During the last decade, considerable expertise
in pollution prevention, sophisticated emissions
monitoring and tracking techniques, compliance auditing
methods, stakeholder involvement, and innovative
approaches to control pollution have been developed.
(2) Substantial opportunities exist to reduce the
amount of or prevent adverse impacts from emissions or
discharges of pollutants or wastes through the use of
innovative and cost effective measures not currently
recognized by or allowed under existing environmental
laws, rules, and regulations.
(3) There are persons regulated under this Act who
have demonstrated excellence and leadership in
environmental compliance or stewardship or pollution
prevention and, through the implementation of innovative
measures, who can achieve further reductions in emissions
or discharges of pollutants or wastes or continued
environmental stewardship.
(4) Current environmental laws and regulations
have, in some instances, resulted in burdensome
transactional requirements that are unnecessarily costly
and complex for regulated entities and have proven to be
frustrating to the public that is concerned about
environmental protection.
(5) The goals of environmental protection will be
best served by promoting and evaluating the efforts of
those persons who are ready to achieve measurable and
verifiable pollution reductions in excess of the
otherwise applicable statutory and regulatory
requirements or who can demonstrate real environmental
risk reduction, promote pollution prevention, foster
superior environmental compliance by other persons
regulated under this Act, and who can improve stakeholder
involvement in environmental decision making.
(6) The United States Environmental Protection
Agency is operating a pilot program entitled "Regulatory
Reinvention (XL) Pilot Project," 60 Federal Register
27282 (May 23, 1995) (Federal XL Program), to allow
members of the regulated community the flexibility to
develop alternative strategies that will replace specific
regulatory requirements on the condition that they
produce greater environmental benefits, reduce
administrative burdens, and enhance public participation.
There should be a process that allows a proposal accepted
under the Federal XL Program to be implemented at the
State level if the proposal achieves one or more of the
purposes of this Section and is acceptable to the Agency.
(7) A process for implementing and evaluating
innovative environmental measures on a pilot project
basis should be developed and implemented in this State.
(b) It is the purpose of this Section to create a
voluntary pilot program by which the Agency may enter into
Environmental Management System Agreements with persons
regulated under this Act to implement innovative
environmental measures not otherwise recognized or allowed
under existing laws and regulations of this State if those
measures:
(1) achieve emissions reductions or reductions in
discharges or wastes beyond the otherwise applicable
statutory and regulatory requirements through pollution
prevention or other suitable means; or
(2) achieve real environmental risk reduction or
foster environmental compliance by other persons
regulated under this Act in a manner that is clearly
superior to the existing regulatory system.
These Agreements may include proposals accepted under the
Federal XL Program, provided the proposals achieve one or
more purposes of subsection (b)(1) or (2) of this Section and
are acceptable to the Agency.
(c) This program is a voluntary pilot program.
Participation is at the discretion of the Agency, and any
decision by the Agency to reject an initial proposal under
this Section is not appealable. The Agency's authority to
execute initial Agreements under this Section shall terminate
on December 31, 2001. An initial Agreement may be renewed for
appropriate time 5 year periods after December 31, 2001 if
the Agency finds the Agreement continues to meet applicable
requirements and the purposes of this Section.
(d) The Agency shall develop and make publicly available
a program guidance document regarding participation in the
pilot program. A draft document shall be distributed for
review and comment by interested parties and a final document
shall be completed by December 1, 1996. At a minimum, this
document shall include the following:
(1) The approximate number of projects that the
Agency envisions being part of the pilot program.
(2) The types of projects and facilities that the
Agency believes would be most useful to be a part of the
pilot program.
(3) A description of potentially useful
environmental management systems, such as ISO 14000.
(4) A description of suitable Environmental
Performance Plans, including appropriate provisions or
opportunities for promoting pollution prevention and
sustainable development.
(5) A description of practices and procedures to
ensure that performance is measurable and verifiable.
(6) A characterization of less-preferred practices
that can generate adverse consequences such as
multi-media pollutant transfers.
(7) A description of suitable practices for
productive stakeholder involvement in project development
and implementation that may include, but need not be
limited to, consensus-based decision making and
appropriate technical assistance.
(e) The Agency has the authority to develop and
distribute written guidance, fact sheets, or other documents
that explain, summarize, or describe programs operated under
this Act or regulations. The written guidance, fact sheets,
or other documents shall not be considered rules and shall
not be subject to the Illinois Administrative Procedure Act.
(Source: P.A. 89-465, eff. 6-13-96.)
(415 ILCS 5/52.3-2)
Sec. 52.3-2. Agency authority; scope of agreement.
(a) On or before December 31, 2001, The Agency may enter
into an initial Environmental Management System Agreement
Agreements with any person regulated under this Act to
implement innovative environmental measures that relate to or
involve provisions of this Act, even if one or more of the
terms of such an Agreement would be inconsistent with an
otherwise applicable statute or regulation of this State.
Participation in this program is limited to those persons who
have submitted an Environmental Management System Agreement
that is acceptable to the Agency and who are not currently
subject to enforcement action under this Act.
(b) The Agency may adopt rules to implement this Section
if less than 6 Agreements are executed, but shall adopt rules
to implement this Section if 6 or more Agreements are
executed. Without limiting the generality of this authority,
those regulations may, among other things:
(1) Specify the criteria an applicant must meet to
participate in this program.
(2) Specify the minimum contents of a proposed
Environmental Management System Agreement, including,
without limitation, the following:
(A) requiring identification of all State and
federal statutes, rules, and regulations applicable
to the facility;
(B) requiring identification of all statutes,
rules, and regulations that are inconsistent with
one or more terms of the proposed Environmental
Management System Agreement;
(C) requiring a statement of how the proposed
Environmental Management System Agreement will
achieve one or more of the purposes of this Section;
(D) requiring identification of those members
of the general public, representatives of local
communities, and environmental groups who may have
an interest in the Environmental Management System
Agreement; and
(E) requiring identification of how a
participant will demonstrate ongoing compliance with
the terms of its Environmental Management System
Agreement, which may include an evaluation of a
participant's performance under the Environmental
Management System Agreement by a third party
acceptable to the Agency. Compliance with the
Agreement shall be determined not less than
annually.
(3) Specify the procedures for review by the Agency
of Environmental Management System Agreements.
(4) Specify the procedures for public participation
in, including notice of and comment on, Environmental
Management System Agreements and stakeholder involvement
in design and implementation of specific projects that
are undertaken.
(5) Specify the procedures for voluntary
termination of an Environmental Management System
Agreement.
(6) Specify the type of performance guarantee to be
provided by an applicant for participation in this
program. The nature of the performance guarantee shall
be directly related to the complexity of and
environmental risk associated with the proposed
Environmental Management System Agreement.
(c) The Agency shall propose by December 31, 1996, and
the Board shall promulgate, criteria and procedures for
involuntary termination of Environmental Management System
Agreements. The Board shall complete such rulemaking no later
than 180 days after receipt of the Agency's proposal.
(d) On or before December 31, 2001, the Agency may enter
into initial Environmental Management System Agreements prior
to adopting rules under this Section, if the proposals for
the Agreements have been accepted under the Federal XL
Program, in accordance with the following:
(1) An applicant shall submit, in writing, a
proposed Environmental Management System Agreement to the
Director of the Agency.
(2) The Agency shall have 120 days to review a
proposed Environmental Management System Agreement.
(3) The Agency's failure to notify an applicant in
writing that it has accepted a proposal shall be deemed a
rejection.
(4) A rejection of a proposed Environmental
Management System Agreement by the Agency shall not be
appealable.
(5) The Agency shall provide notice to the public,
including an opportunity for public comment and hearing
in accordance with the procedures set forth in 35 Ill.
Adm. Code Part 164, on each proposal accepted by the
Agency under this subsection (d). The Agency shall
provide such notice, including an opportunity for public
comment and hearing, prior to executing an Environmental
Management System Agreement.
(6) Prior to promulgation of rules under Section
52.3-2(c), each Agreement shall specify the terms and
conditions under which the Agency may terminate the
Agreement.
(7) Each Agreement shall provide for appropriate
stakeholder involvement in a manner that is conducive to
productive participation, equitable decision making and
open exchange of information in developing and
implementing the Agreement.
(Source: P.A. 89-465, eff. 6-13-96.)
Passed in the General Assembly May 23, 2001.
Approved August 16, 2001.
[ Top ]