Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 187 - REGULATORY INNOVATION PROJECTS
Subpart D - PROCEDURES
Section 187.406 - Criteria for Approval of an EMSA

Current through Register Vol. 48, No. 38, September 20, 2024

a) In accordance with Section 52.3 -1 of the Act, the Agency may approve an EMSA only if the sponsor demonstrates that the proposed pilot project would:

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 underthe Act in a manner that is clearly superior to the existing regulatory means.

b) An EMSA under this Part shall contain adequate provisions to ensure that its terms and conditions are performed by the sponsor. Performance of the terms and conditions of an EMSA must be measurable and verifiable, and shall be monitored, documented and reported by a sponsor in a clear and complete manner.

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