TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 181
TOXIC POLLUTION PREVENTION INNOVATION PLANS
SUBPART A: INTRODUCTION
Section
181.101 Purpose
181.102 Definitions
SUBPART B: CONTENT OF INNOVATION PLANS
Section
181.201 Content of Innovation Plans
181.202 Level of Innovation Plan Detail
181.203 Proprietary Information
SUBPART C: CRITERIA FOR AGENCY CONCURRENCE WITH INNOVATION PLANS
Section
181.301 Criteria for Agency Concurrence with Innovation Plans
181.302 Agency Nonconcurrence
181.303 Agency Follow-up
181.304 Time for Agency Review
SUBPART D: APPEAL
Section
181.401 Appeal
AUTHORITY: Implementing and authorized by Section 6(d) of the Toxic
Pollution Prevention Act (P.A. 86-914, effective January 1, 1990).
SOURCE: Adopted at 14 Ill. Reg. 14392, effective August 22, 1990.
SUBPART A: INTRODUCTION
Section 181.101 Purpose
a) The Toxic Pollution Prevention Act (P.A. 86-914, effective January
1, 1990) provides that after January 1, 1990, any person may
submit to the Agency a plan to use an innovative production
process to achieve toxic pollution prevention. An innovative
production process may consist of a new application of technology
or a combination of existing technologies that have not previously
been implemented together. If the Agency concurs with a proposed
innovation plan, it shall make every reasonable effort to
accommodate the proposed innovative production process, including:
1) Expedited coordination and processing of any applicable
permit applications;
2) Cooperation, as appropriate with any request for an
applicable variance, adjusted standard, or site specific
standard pursuant to the Environmental Protection Act (Ill.
Rev. Stat. 1987, ch. 111 1/2, par. 1001 et seq.);
3) Appropriate technical assistance to avoid or eliminate any
potential compliance problems resulting from the proposed
innovative production process.
b) In providing this accommodation with innovation plans with which
it has concurred, the Agency shall consider whether such
accommodation would be feasible under applicable law and also
whether such accommodation would be consistent with prudent
environmental practices. (Section 6(c) of the Act)
Section 181.102 Definitions
"Act" means the Toxic Pollution Prevention Act.
"Agency" means the Illinois Environmental Protection Agency.
"EP Act" means the Environmental Protection Act (Ill. Rev. Stat.
1989, ch. 111 1/2, pars. 1001 et seq.).
"Innovation Plan" means any toxic pollution prevention innovation
plan provided for under Section 6 of the Act.
"Person" means any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust,
political subdivision, state agency, or any other legal entity, or
its legal representative, agent or assigns.
"Release" means emission to the air, discharge to surface waters
or off-site wastewater treatment facilities, or on-site release to
the land, including but not limited to landfills, surface
impoundments and injection wells.
"Toxic Pollution Prevention" means in-plant practices that reduce,
avoid or eliminate:
the use of Toxic substances,
the generation of toxic constituents in wastes,
the disposal or release of toxic substances into the
environment, or
the development or manufacture of products with toxic
constituents, through the application of any of the following
techniques:
input substitution, which refers to replacing a toxic
substance or raw material used in a production process
with a nontoxic or less toxic substance;
product reformulation, which refers to substituting for
an existing end product which is nontoxic or less toxic
upon use, release or disposal;
production process redesign or modification, which
refers to developing and using production processes of a
different design than those currently used;
production process modernization, which refers to
upgrading or replacing existing production process
equipment or methods with other equipment or methods
based on the same production process;
improved operation and maintenance of existing
production process equipment and methods, which refers
to modifying or adding to existing equipment or methods,
including but not limited to such techniques as improved
housekeeping practices, system adjustments, product and
process inspections, and production process control
equipment or methods;
recycling, reuse or extended use of toxic substances by
using equipment or methods which become an integral part
of the production process, including but not limited to
filtration and other closed loop methods.
However, "toxic pollution prevention" shall not include or in any
way be inferred to promote or require incineration, transfer from
one medium of release to another, off-site or out of process waste
recycling, or end of pipe treatment of toxic substances. (Section
3 of the Act)
"Toxic Substance" means any substance listed by the Agency
pursuant to Section 4 of the Act.
"Trade Secret" means any information concerning production
processes employed or substances manufactured, processed or
otherwise used within a facility which the Agency determines to
satisfy the criteria established under Section 3.48 of the
Environmental Protection Act, and to which specific trade secret
trade secret status has been granted by the Agency in accordance
with 2 Ill. Adm. Code 1827.
SUBPART B: CONTENT OF INNOVATION PLANS
Section 181.201 Content of Innovation Plans
An Innovation Plan shall describe:
a) the innovative production process (the detail and nature of the
plan submission should be related to the complexity of the
proposal and should reflect the information available to the
person);
b) the expected benefits;
c) the proposed implementation schedule; and
d) Any potential problems that may occur under the plan with respect
to compliance with state or federal environmental laws or
regulations pertaining to the release or disposal of toxic
substances. (Section 6(a) of the Act)
Section 181.202 Level of Innovation Plan Detail
The level of detail provided in the innovation plan shall be sufficient to
enable the Agency to determine that the criteria for concurrence are
satisfied.
Section 181.203 Proprietary Information
To the extent that the innovation plan contains proprietary information
regarding the innovative production process involved or to the extent it
contains proprietary information regarding a related production process,
the person filing the innovation plan should identify whether the
proprietary information has been determined to constitute a trade secret in
accordance with 2 Ill. Adm. Code 1827. If there is a request for such a
determination pending before the Agency, the person filing the innovation
plan shall include a statement in the innovation plan that such a request
has been made.
SUBPART C: CRITERIA FOR AGENCY CONCURRENCE WITH INNOVATION PLANS
Section 181.301 Criteria for Agency Concurrence with Innovation Plans
The Agency shall concur with a proposed toxic pollution prevention
innovation plan if the owner or operator of the affected facility
demonstrates to the agency that the proposed process:
a) will be effective in toxic pollution prevention;
b) will achieve at least the level of toxic pollution prevention as
other available processes;
c) is not reasonably expected to have any significant adverse effect
on public health or the environment in the course of its
operation, function, or malfunctions; (Section 6(b) of the Act)
and
d) will constitute toxic pollution prevention for a toxic substance.
Section 181.302 Agency Nonconcurrence
If the Agency does not concur with the proposed plan, the Agency shall
provide the owner or operator with a written statement of the reasons for
its refusal to concur, and the owner or operator may modify the plan,
submit a new plan for review, or appeal the decision to the Director
pursuant to Section 181.401. (Section 6(b) of the Act)
Section 181.303 Agency Follow-up
In accordance with Section 6(e) of the Act, the Agency shall monitor the
implementation and effectiveness of any innovation plan with which it has
concurred.
Section 181.304 Time for Agency Review
a) The Agency shall review a proposed innovation plan for
completeness within 45 days of receipt and shall decide
concurrence for a complete plan within 120 days of receipt of such
plan.
b) Upon request of the owner or operator, the Agency shall review a
permit application for an innovative production process for which
it has concurred in the innovation plan within 60 days of receipt
of the complete permit application. In circumstances involving an
opportunity for public comment on the Agency draft permit pursuant
to Title X of the EP Act, it will not be possible for the permit
to be issued within this 60 day period. The complete permit
application must be filed within 2 years of the Agency concurrence
in the innovation plan.
c) Upon request of the owner or operator, the Agency shall make every
reasonable effort to accommodate an innovative production process
for which it has concurred in the innovation plan, through
cooperation, as appropriate, with any request for an applicable
variance, adjusted standard, or site specific standard, provided
the specific request is duly filed within 2 years of the date of
concurrence by the Agency with the innovation plan. Such
accommodation shall be achieved to the extent feasible under
applicable law and consistent with prudent environmental
practices.
d) The Agency's time limit for deciding its concurrence in innovation
plans is 120 days from receipt, but the allotted time for most
permit and all variance decisions is less than that (see Titles IX
and X of the EP Act). Accordingly, the Agency will not be able to
respond to concurrent submittals of innovation plans and permit
applications or variance petitions.
SUBPART D: APPEAL
Section 181.401 Appeal
The owner or operator submitting an innovation plan may appeal any Agency
decision regarding the innovation plan by filing an appeal in writing with
the Director of the Agency within 30 days of the Agency decision. The
Agency Director shall respond in writing within 30 days of receipt of the
appeal with his/her decision regarding the matter, including reasons
therefor. The decision of the Director shall be based upon the criteria
set out in the Act and this Part.