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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

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:

Expedited coordination and processing of any applicable

permit applications;

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.);

Appropriate technical assistance to avoid or eliminate any

potential compliance problems resulting from the proposed

innovative production process.

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:

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);

the expected benefits;

the proposed implementation schedule;

and

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:

will be effective in toxic pollution prevention;

will achieve at least the level of toxic pollution prevention as

other available processes;

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.