Chapter 415 — ENVIRONMENTAL SAFETY

(415 ILCS 5/58.9) Sec. 58.9. Liability. (a) Cost assignment. (1) Notwithstanding any other provisions of this Act to the contrary, including subsection (f) of Section 22.2, in no event may the Agency, the State of Illinois, or any person bring an action pursuant to this Act or th…

(415 ILCS 5/59) Sec. 59. Definitions. As used in this Title: "Carbon dioxide capture project" mean a project or facility that: (1) uses equipment to capture a significant quantity of carbon dioxide directly from the ambient air or uses a process to separate carbon dioxide from in…

(415 ILCS 5/59.1) Sec. 59.1. Carbon capture permit requirements. For air construction permit applications for carbon dioxide capture projects at existing sources submitted on or after July 18, 2024 (the effective date of Public Act 103-651), no permit may be issued unless all of …

(415 ILCS 5/59.10) Sec. 59.10. Financial assurance. (a) The owner or operator of a sequestration activity permitted in accordance with this Act shall maintain financial assurance in an amount equal to or greater than the cost estimate calculated in accordance with paragraph (11) …

(415 ILCS 5/59.11) Sec. 59.11. Insurance. (a) The owner or operator of a carbon sequestration facility permitted in accordance with this Act shall maintain insurance to cover wrongful death, bodily injuries, property damages, and public or private losses related to a release from…

(415 ILCS 5/59.12) Sec. 59.12. Ownership of carbon dioxide; liability. (a) The owner or operator of a sequestration activity permitted in accordance with this Act may be subject to liability for any and all damage, including, but not limited to, wrongful death, bodily injuries, o…

(415 ILCS 5/59.13) Sec. 59.13. Carbon Sequestration Long-Term Trust Fund. The Carbon Dioxide Sequestration Long-Term Trust Fund is hereby created as a State trust fund in the State treasury. The Fund may receive deposits of moneys made available from any source. All moneys in the…

(415 ILCS 5/59.14) Sec. 59.14. Water Resources Fund. The Water Resources Fund is hereby created as a special fund in the State treasury to be administered by the Department of Natural Resources. The Fund shall be used by the Department of Natural Resources for administrative cost…

(415 ILCS 5/59.15) Sec. 59.15. Environmental Justice Grant Fund. The Environmental Justice Grant Fund is hereby created as a special fund in the State treasury to be administered by the Agency. The Fund shall be used by the Agency to make grants to eligible entities, including, b…

(415 ILCS 5/59.16) Sec. 59.16. Carbon Dioxide Sequestration Administrative Fund. The Carbon Dioxide Sequestration Administrative Fund is hereby created as a special fund within the State treasury to be administered by the Agency. Moneys in the fund may be used: (1) for Agency adm…

(415 ILCS 5/59.17) Sec. 59.17. Sequestration annual tonnage fee. (a) Beginning July 1, 2025, and each July 1 thereafter, each sequestration operator shall report to the Agency the tons of carbon dioxide injected in the prior 12 months. (b) If the sequestration operator does not p…

(415 ILCS 5/59.18) (Section scheduled to be repealed on January 1, 2032) Sec. 59.18. Mahomet Aquifer Advisory Study Commission. (a) The Mahomet Aquifer Advisory Study Commission is hereby created to study and review any reports submitted to the Mahomet Aquifer Advisory Study Comm…

(415 ILCS 5/59.2) Sec. 59.2. Report on minimum carbon capture standards and the deployment of carbon capture and sequestration technology. By December 1, 2028, the Agency, in consultation with Illinois Emergency Management Agency and Office of Homeland Security, the Illinois Comm…

(415 ILCS 5/59.3) Sec. 59.3. Minimum carbon dioxide capture efficiency rulemaking authority. The Agency may propose, and the Board may adopt, rules to establish a minimum carbon capture efficiency rate for carbon capture projects. The Agency may propose, and the Board may adopt, …

(415 ILCS 5/59.4) Sec. 59.4. Report on the status and impact of carbon capture and sequestration. Beginning July 1, 2029, and every 5 years thereafter, the Agency shall submit a report to the Governor and General Assembly that includes, for each carbon dioxide capture project in …

(415 ILCS 5/59.5) Sec. 59.5. Prohibitions. (a) No person shall conduct a carbon sequestration activity without a permit issued by the Agency under Section 59.6. This prohibition does not apply to any carbon sequestration activity in existence and permitted by the United States En…

(415 ILCS 5/59.6) Sec. 59.6. Sequestration permit; application contents. An application to obtain a carbon sequestration permit under this Act shall contain, at a minimum, the following: (1) A map and accompanying description that clearly identifies the location of all carbon seq…

(415 ILCS 5/59.7) Sec. 59.7. Sequestration permit application fee. Upon submission of a sequestration facility permit application, and in addition to any other fees required by law, the sequestration operator shall remit to the Agency an initial, one-time permit application fee o…

(415 ILCS 5/59.8) Sec. 59.8. Public participation. Prior to issuing a permit for carbon sequestration activity, the Agency shall issue a public notice of the permit application and draft permit. The public notice shall include a link to a website where copies of the permit applic…

(415 ILCS 5/59.9) Sec. 59.9. Closure. The owner or operator of a carbon sequestration activity permitted in accordance with this Act shall monitor the site during the post-injection site care period, which shall be no less than 30 years after the last date of injection, as well a…

(415 ILCS 5/6.1) (from Ch. 111 1/2, par. 1006.1) Sec. 6.1. The Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) shall conduct studies of the effects of all State and federal sulfur dioxide regulations and emission standards on the…

(415 ILCS 5/6.2) (from Ch. 111 1/2, par. 1006.2) Sec. 6.2. (Repealed). (Source: P.A. 84-1438. Repealed by P.A. 89-445, eff. 2-7-96.)

(415 ILCS 5/7) (from Ch. 111 1/2, par. 1007) Sec. 7. Public inspection; fees. (a) All files, records, and data of the Agency, the Board, and the Department shall be open to reasonable public inspection and may be copied upon payment of reasonable fees to be established where appr…

(415 ILCS 5/7.1) (from Ch. 111 1/2, par. 1007.1) Sec. 7.1. (a) All articles representing a trade secret reported to or otherwise obtained by the Agency, the Board or the Department in connection with any examination, inspection or proceeding under this Act, shall be considered co…

(415 ILCS 5/7.2) (from Ch. 111 1/2, par. 1007.2) Sec. 7.2. Identical in substance rulemakings. (a) In the context of a mandate that the Board adopt regulations to secure federal authorization for a program, regulations that are "identical in substance" means State regulations whi…

(415 ILCS 5/7.3) (from Ch. 111 1/2, par. 1007.3) Sec. 7.3. (a) The Board in its discretion may submit the following for publication in the Illinois Register as it deems appropriate: (1) a regulatory agenda to solicit comments concerning any rule that the Board is considering for …

(415 ILCS 5/7.4) (from Ch. 111 1/2, par. 1007.4) Sec. 7.4. All moneys received by the Pollution Control Board from the collection of fees, photo reproduction costs and the sale of opinions and orders, shall be deposited into the Pollution Control Board Fund, a special fund which …

(415 ILCS 5/7.5) (from Ch. 111 1/2, par. 1007.5) Sec. 7.5. Filing fees. (a) The Board shall collect filing fees as prescribed in this Act. The fees shall be deposited in the Pollution Control Board Fund. The filing fees shall be as follows: Petition for site-specific regulation, …

(415 ILCS 5/7.6) Sec. 7.6. Electronic posting of permit information. Beginning January 1, 2014, the Agency shall maintain the following information on its website: (1) a description of each type of permit it issues and the persons subject to each type of permit; (2) a description…

(415 ILCS 5/8) (from Ch. 111 1/2, par. 1008) Sec. 8. The General Assembly finds that pollution of the air of this State constitutes a menace to public health and welfare, creates public nuisances, adds to cleaning costs, accelerates the deterioration of materials, adversely affec…

(415 ILCS 5/9) (from Ch. 111 1/2, par. 1009) Sec. 9. Acts prohibited. No person shall: (a) Cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as to cause or tend to cause air pollution in Illinois, either alone or in combi…

(415 ILCS 5/9.1) (from Ch. 111 1/2, par. 1009.1) Sec. 9.1. (a) The General Assembly finds that the federal Clean Air Act, as amended, and regulations adopted pursuant thereto establish complex and detailed provisions for State-federal cooperation in the field of air pollution con…

(415 ILCS 5/9.10) Sec. 9.10. Fossil fuel-fired electric generating plants. (a) The General Assembly finds and declares that: (1) fossil fuel-fired electric generating plants are a significant source of air emissions in this State and have become the subject of a number of importa…

(415 ILCS 5/9.11) Sec. 9.11. Great Lakes Areas of Concern; mercury. (a) The General Assembly finds that: (1) The government of the United States of America and the government of Canada have entered into agreements on Great Lakes water quality by signature of the Great Lakes Water…

(415 ILCS 5/9.12) Sec. 9.12. Construction permit fees for air pollution sources. (a) An applicant for a new or revised air pollution construction permit shall pay a fee, as established in this Section, to the Agency at the time that he or she submits the application for a constru…

(415 ILCS 5/9.12a) Sec. 9.12a. Notice. When a permit for a new facility is required by this Title II, the Agency shall provide notice: (i) by certified or registered mail or, upon request, electronically, to the State Senator and State Representative of the district where the fac…

(415 ILCS 5/9.13) Sec. 9.13. Asbestos fees. (a) For any site for which the owner or operator must file an original 10-day notice of intent to renovate or demolish pursuant to 40 CFR 61.145(b) (part of the federal asbestos National Emission Standard for Hazardous Air Pollutants or…

(415 ILCS 5/9.14) Sec. 9.14. Registration of smaller sources. (a) After the effective date of rules implementing this Section, the owner or operator of an eligible source shall annually register with the Agency instead of complying with the requirement to obtain an air pollution …

(415 ILCS 5/9.15) (Text of Section before amendment by P.A. 104-458) Sec. 9.15. Greenhouse gases. (a) An air pollution construction permit shall not be required due to emissions of greenhouse gases if the equipment, site, or source is not subject to regulation, as defined by 40 C…

(415 ILCS 5/9.16) Sec. 9.16. Control of ethylene oxide sterilization sources. (a) As used in this Section: "Ethylene oxide sterilization operations" means the process of using ethylene oxide at an ethylene oxide sterilization source to make one or more items free from microorgani…

(415 ILCS 5/9.17) Sec. 9.17. Nonnegligible ethylene oxide emissions sources. (a) In this Section, "nonnegligible ethylene oxide emissions source" means an ethylene oxide emissions source permitted by the Agency that currently emits more than 150 pounds of ethylene oxide as report…

(415 ILCS 5/9.18) Sec. 9.18. (Repealed). (Source: P.A. 103-563, eff. 11-17-23. Repealed internally, eff. 1-1-25.)

(415 ILCS 5/9.19) Sec. 9.19. Refrigerants. A refrigerant designated as approved in accordance with 42 U.S.C. 7671k shall be allowed for use in the State as long as any equipment containing such refrigerant is listed and installed in accordance with safety standards and use condit…

(415 ILCS 5/9.2) (from Ch. 111 1/2, par. 1009.2) Sec. 9.2. Sulfur dioxide emission standards. In granting any alternative emission standard or variance relating to sulfur dioxide emissions from a coal-burning stationary source, the Board may require the use of Illinois coal as a …

(415 ILCS 5/9.20) Sec. 9.20. Fleet Electrification Incentive Program. (a) In this Section: "Eligible electric vehicle" means an electric truck or electric school bus categorized by the United States Environmental Protection Agency Emissions Classifications, using gross vehicle we…

(415 ILCS 5/9.3) (from Ch. 111 1/2, par. 1009.3) Sec. 9.3. Alternative control strategies. (a) The General Assembly finds that control strategies, including emission limitations, alternative but environmentally equivalent to those required by Board regulations or the terms of thi…

(415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4) Sec. 9.4. Municipal waste incineration emission standards. (a) The General Assembly finds: (1) That air pollution from municipal waste incineration may constitute a threat to public health, welfare and the environment. The amounts …

(415 ILCS 5/9.5) (from Ch. 111 1/2, par. 1009.5) Sec. 9.5. (a) The General Assembly finds that: (1) The public health and welfare may be endangered by the release of toxic contaminants into the air which are carcinogenic, teratogenic, mutagenic or otherwise injurious to humans or…

(415 ILCS 5/9.6) (from Ch. 111 1/2, par. 1009.6) Sec. 9.6. Air pollution operating permit fee. (a) For any site for which an air pollution operating permit is required, other than a site permitted solely as a retail liquid dispensing facility that has air pollution control equipm…

(415 ILCS 5/9.7) (from Ch. 111 1/2, par. 1009.7) Sec. 9.7. CFC's. The General Assembly hereby finds that the manufacture and use of chlorofluorocarbons (CFCs) present a serious threat to the environment, and declares it to be the public policy of this State to discourage the unne…