Current through Register Vol. 48, No. 38, September 20, 2024
a) The
Agency and the sponsor shall decide upon an acceptable development schedule for
the EMSA and the proposed pilot project.
b) A sponsor shall submit to the Director a
draft EMSA. At a minimum, the draft EMSA shall include:
1) Identification of the sponsors;
2) Identification of all State and federal
environmental statutes and regulations applicable to the proposed pilot project
and the owner or operator of the proposed pilot project;
3) Identification of any State or federal
environmental statutes and regulations which are inconsistent with the terms of
the draft EMSA and would cease to be applicable should the EMSA be
approved;
4) A description of the
innovative environmental measures being proposed as part of the pilot
project;
5) An explanation of the
manner in which the proposed pilot project will achieve the stated purposes in
subsection (b) of Section 52.3 -1 of the Act;
6) Identification of those members of the
general public, representatives of local communities, and environmental groups
who have an interest in the proposed pilot project;
7) A description of the manner in which the
EMSA will provide for productive involvement by the stakeholder group in the
design and implementation of the proposed pilot project;
8) A description of the measures or
techniques that will be used to demonstrate ongoing compliance with the EMSA,
including, at a minimum, an annual evaluation of the pilot project;
9) Terms and conditions for voluntary
termination of the pilot project; and
10) An explanation of the process by which
statutory or regulatory environmental requirements that become applicable to
the pilot project or its sponsor, owner or operator after the effective date of
the EMSA shall be addressed.
c) Upon submittal of the initial draft EMSA,
a sponsor shall provide an executive summary of the initial draft EMSA and
proposed pilot project described and submitted in accordance with subsection
(b) of this Section to the following persons and inform them that they may
obtain the complete document from either the Agency or the sponsor:
1) Members of the Illinois General Assembly
representing the legislative districts in which the pilot project is
located;
2) The Illinois Attorney
General; and
3) The State's
Attorney of the county in which the pilot project is located.
d) A sponsor shall provide notice,
by publication on a single date in a newspaper of general circulation in the
area in which the proposed pilot project is located, that it has submitted an
initial draft EMSA for consideration by the Agency. Such notice shall include a
statement that interested persons may contact the sponsor to request that they
be named to the stakeholder group in the development and implementation of the
proposed pilot project. The notice shall be provided within 7 calendar days
from the date the initial draft EMSA has been submitted to the Agency in
accordance with subsection (b) of this Section.
e) The Agency shall give preference to and
allow greater incentives in an EMSA for pilot projects that include provisions
for operating sustainably through continuous improvements in products and
processes. Desirable components of a pilot project include, but are not limited
to, the following:
1) Incorporating source
reduction into core business practices;
2) Avoiding the production of waste and
pollution in products and processes;
3) Accounting for total environmental impact
throughout the life cycle of products and services;
4) Improving efficiency in the use of raw
materials, energy, water or other resources;
5) Employing planning processes or techniques
to identify source reduction and product stewardship opportunities;
6) Training and encouraging employees to
identify opportunities for environmental improvement;
7) Protecting and enhancing natural
resources; and
8) Ensuring that
information and reporting systems track progress toward goals and document
improvements.
f) The
Agency shall encourage the development and use of Environmental Management
Systems as part of a pilot project.
g) The Agency shall reject proposed pilot
projects that generate adverse environmental consequences, particularly those
stimulating intermedia pollutant transfers without providing a net
environmental gain.
