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Project title and location
Advance authorization for modifications by permitted entities with environmental management systems in Illinois

Name of applicant
Illinois Environmental Protection Agency

Name of project contact
Roger Kanerva
Illinois Environmental Protection Agency
Environmental Quality Systems #26
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Phone: (217) 785-5735
Telefax: (217) 785-1312
E-mail: Roger.Kanerva@epa.state.il.us

Cooperation/funding by another federal program

Types of regulatory flexibility: To be determined in consultation with USEPA Affirmation of state support
Renee Cipriano, Director of Illinois EPA, has endorsed this project

Summary Budget Information




The purpose of this multi-media project is to demonstrate that regulated entities which execute environmental management systems can successfully make the following modifications with minimal State involvement:

1. Minor construction that would otherwise entail air pollution control permitting;

2. Modification of RCRA Part B permits (excluding landfills); and

3. Changes in storm water management programs operated by small municipalities under a general NPDES permit.

This project provides specified permitting flexibility using advance authorization for the participating entities. Our vision is that this project will help build confidence in development of an alternative regulatory structure for facilities that invest in establishment of sound environmental management systems. This ability to self-manage environmental performance in an integrated manner with other operations should be an incentive to produce better results on all counts.

The following objectives are established for this project:

1. Potential participants (i.e., companies and local governments) will be identified and screened for suitability.

2. About twelve participants will be selected for permitting flexibility.

3. Minor modifications will occur as needed with continued good environmental performance.

Illinois EPA has statutory and regulatory authority to enter into Environmental Management Systems Agreements (EMSAs) with regulated entities that want to implement "innovative environmental measures." This authority allows the Agency to try out new environmental practices and procedures in lieu of existing environmental protection requirements. Each EMSA has provisions for performance measures, tracking and reporting results. Prior to execution, each EMSA is subject to public notice and comment. Potential participants must be good performers (not under enforcement) and, for this project in particular, implement environmental management systems. This authority will be used for the clean air and RCRA regulated participants. The general permit for Small Municipal Separate Storm Sewers will be used for some participants as well.

Specific features for each permitting program are described as follows:

(1) Minor construction activities at permitted sources - Regulated sources that implement an environmental management system would be considered for this project. Participating sources will be given advance authorization, through an EMSA, so that no state permit for minor construction activity relating to air emissions would be required. As part of this authorization, the facility would still provide prior notification of construction activity, maintain records of the construction activity and any associated annual and seasonal increases or decreases in emissions for such construction activity. Under this approach, each facility would also be subject to an annual emissions cap which ensures that no major construction activity occurs at the source.

(2) RCRA Part B modifications - Illinois EPA will select certain types of modification requests for RCRA Part B permits (excluding landfills) as being suitable for advance authorization. Facilities that have an environmental management system would be candidates for this advance authorization. The advance authorization procedures will be put in place using an EMSA. Facilities would provide a notification and pertinent information to the Illinois EPA prior to making the modification.

The Agency is also pursuing some electronic enhancements for the RCRA permitting process that would assist regulated entities with regulatory decision-making. No permit application "form" is available for a RCRA permit. Rather, a Decision Guide and Checklist is used both in the preparation, and the review of RCRA permit applications to clarify the information needed to demonstrate compliance with the regulations. Electronically linking the three documents would speed up the process for both the applicant and permit reviewer and facilitate compliance with the RCRA permit regulations.

(3) Local storm water management programs - Under the federal Phase II Storm Water Regulations, the Agency will issue a general NPDES permit for the discharges from separate storm sewer systems in Census designated urban areas. The general permit will describe a notice of intent process to be utilized by the applicants. The notice of intent will describe the actions being taken by the applicant to meet the conditions of the permit. These actions are in six different activity areas and are essentially best management practices. This general permit will also provide procedures for selected participants with an environmental management system so that changes may be made to storm water management programs without review and action by the Agency. Participants would also be able to change interim measurable goals within certain constraints.

The Illinois EPA also intends to provide for electronic submittal of these notices of intent via the Agency's web site. Information from the electronic submittal could then be subjected to an automated key word search checking for validity and completeness ensuring that each of the elements are addressed and the applicant is fulfilling their duties under the permit.


This project would take place over approximately three years beginning in January, 2003. The general work plan for this project is as follows:

1. Outreach and communications with regulated entities Beginning in January 2003 Beginning in January 2003 Beginning in January 2003
2. Identify potential participants April 2003 May 2003 February/ March 2003
3. Notice of Intent filed by local governments March 2003
4. General permit execution for participants April 2003
5. Negotiate and execute EMSAs November 2003 December 2003
6. Advance authorization usage as needed by participants 2004-2005 2004-2005 2004-2005
7. Progress reports by participants Annually Annually Annually
8. Performance reviews by Illinois EPA MOP/EOP * MOP/EOP * MOP/EOP *
9. Progress report by Illinois EPA Annually Annually Annually

* Note - (MOP = Middle of Project and EOP = End of Project) Participants will be visited part way through the project and at the end of the project for confirmation of performance.


This project addresses the program criteria as follows:

1. Target priority environmental areas (6.1)

Illinois has two ozone nonattainment areas with ongoing programs to reduce emissions of ozone precursors. We would expect to have some participation by air emissions sources that are located in either one of these two areas which addresses reducing smog, target priority area. The storm water permitting aspect of this project addresses the improving water quality target priority area. The multi-media design of this project also widens the scope to include waste management.

2. Use of incentives as a tool (6.2)

This project involves advance authorization for regulated entities without having to apply for and receive permit approvals from the Illinois EPA. In this way, an incentive is created for participants to make changes that can improve environmental performance.

3. Transferring innovation (6.3)

4. Guaranteeing measures and accountability (6.4)

Illinois EPA has selected proven mechanisms (EMSAs and general permits) to implement the innovation approach. These mechanisms have sound accountability provisions that will help support a successful outcome.



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