Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 187 - REGULATORY INNOVATION PROJECTS
Subpart D - PROCEDURES
Section 187.400 - Letter of Intent; Agency Response
Universal Citation: 35 IL Admin Code ยง 187.400
Current through Register Vol. 48, No. 38, September 20, 2024
a) In order to initiate the process of entering into an EMSA, the sponsor of a proposed pilot project shall submit a letter of intent to the Director that shall include:
1) A general description of the proposed
pilot project;
2) Identification of
each environmental statute, regulation and permit that is applicable to the
proposed pilot project and any permit appeals, variances, or adjusted standard
petitions which are currently applicable to the proposed pilot project or are
pending before the Illinois Pollution Control Board or any court;
3) A statement by the sponsor regarding the
compliance status of the proposed pilot project and its sponsor, owner and
operator with all applicable State and federal environmental statutes and
regulations. Any changes to the compliance status of the proposed pilot project
and its sponsor, owner and operator during development of an EMSA must be
promptly reported to the Agency; and
4) Identification of persons or groups whom
the sponsor believes should serve as members of the stakeholder group in the
development and implementation of the proposed pilot project.
b) The Agency shall respond in writing to a letter of intent within 60 days after receipt of such letter. Such response shall include a determination of whether the letter of intent contains the information required by subsection (a) of this Section, as well as a determination whether development of an EMSA for the proposed pilot project is warranted.
1) If the Agency determines that
the letter of intent does not contain information required by subsection (a) of
this Section, it may identify such information and provide the sponsor with an
opportunity to revise and resubmit the letter of intent.
2) If the Agency determines that the proposed
pilot project, as described in the letter of intent, does not warrant
development of an EMSA, it shall state the basis for its decision.
3) If the Agency determines that the proposed
pilot project, as described in the letter of intent, contains the information
prescribed by subsection (a) of this Section and warrants development of an
EMSA, it shall notify the sponsor that it may proceed with development of a
draft EMSA.
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