Learn more
about Environmental Law at
Schiff Hardin.
For more information, contact one of the following attorneys:
Amy Antoniolli
Kathleen C. Bassi
Stephen J. Bonebrake
Renee Cipriano
Daniel J. Deeb
Jeremy R. Hojnicki
Bina Joshi
Kathryn M. Long
David M. Loring
Jane E. Montgomery
Joshua R. More
Mary Ann Mullin
Paul M. Previde
Gabriel M. Rodriguez
Andrew N. Sawula
Rocky N. Unruh
Sarah D. Youngblood
Schiff Hardin Offices
One Atlantic Center,
Suite 2300
1201 West Peachtree
, GA 30309
225 Franklin Street,
Suite 2600
, MA 02110
6600 Sears Tower
233 S Wacker Drive
, IL 60606
One Westminster Place
Suite 200
, IL 60045
900 Third Avenue
, NY 10022
One Market, Spear Tower
32nd Floor
, CA 94105
1666 K Street, NW
Suite 300
, DC 20006
- - - - - - - - -
Join our mailing list.
Forward this profile to a friend or colleague.
- - - - - - - - - |
|
This Environmental Update summarizes the proposed state environmental legislation currently moving through the 96th Illinois General Assembly. All of the bills discussed below are subject to change through the introduction of amendatory language until the bills have passed through both the Illinois Senate and House. This update reflects the language and status of proposed environmental legislation in Illinois as of April 1, 2009. For questions regarding this Environmental Update, please contact any of the attorneys in Schiff Hardin's Environmental Group.
| DESCRIPTION: |
RENEWABLE FUELS—GRANT ADDITION |
| BILL #: |
HB0680 |
| SPONSOR: |
Rep. Donald L. Moffitt |
| STATUS: |
Passed in House 114-0; Referred to Senate Assignments Committee on March 25, 2009 |
| BILL SUMMARY: |
This bill proposes to amend the Illinois Renewable Fuels Development Program Act. The bill would authorize the Department of Commerce and Economic Opportunity to award, in excess of the annual aggregate grant total, up to $4,000,000 to a grant applicant who installs advanced technologies for water usage, carbon footprint reduction, and other blending improvements designed to optimize processes at the applicant's renewable fuels facility. This bill would be effective immediately. |
| DESCRIPTION: |
EPA—DEBRIS—POPULATION REQ |
| BILL #: |
SB0125 |
| SPONSOR: |
Sen. Terry Link |
| STATUS: |
Passed in Senate 59-0; Referred to House Rules Committee on March 25, 2009 |
| BILL SUMMARY: |
This bill proposes to amend the definition of a "pollution control facility" in the Environmental Protection Act to provide that a "pollution control facility" located in a county with a population over 500,000 as of January 1, 2000 (i.e., Cook, DuPage, Lake and Will Counties), operated and used exclusively for the transfer, storage, or treatment of general construction or demolition debris does not need a permit if the facility was receiving construction or demolition debris on the effective date of the bill. The bill further proposes to amend the Act to require an owner or operator of a "pollution control facility" that accepts exclusively general construction or demolition debris for transfer, storage or treatment to obtain a permit issued by the Illinois Environmental Protection Agency prior to the initial acceptance of general construction or demolition debris at the facility. This bill would be effective immediately. |
| DESCRIPTION: |
EPA—CONSTRUCTION AND DEMO DEBRIS |
| BILL #: |
HB2264 |
| SPONSOR: |
Rep. Thomas Holbrook |
| STATUS: |
Passed House Environment and Energy Committee 19-0 on March 11, 2009 |
| BILL SUMMARY: |
This bill proposes to amend Section 22.51 of the Environmental Protection Act concerning Clean Construction or Demolition Debris (CCDD) fill operations. The bill would add a provision requiring applications for certain CCDD authorizations to contain a site reclamation plan that addresses potential hazards to public health and safety. Currently, a site reclamation plan is not required under the Act. The bill would also add a provision authorizing the Illinois Pollution Control Board to adopt regulations for the use of CCDD at current or former quarries, mines or other excavations that have a site reclamation plan that addresses potential hazards to public health and safety. Such a site reclamation plan is currently not required under the Act. This bill would be effective immediately. |
| DESCRIPTION: |
EPA—RIGHT-TO-KNOW—VAPORS |
| BILL #: |
HB4021 |
| SPONSOR: |
Rep. Frank J. Mautino |
| STATUS: |
Passed House Environment and Energy Committee 19-0 on March 11, 2009 |
| BILL SUMMARY: |
This bill proposes to amend Section 25d of the Environmental Protection Act to require the Illinois Environmental Protection Agency to evaluate the release of contaminants if the Agency determines that the extent of soil, soil gas or groundwater contamination may extend beyond the boundary of the site where the release occurred. The bill further would require the Illinois Environmental Protection Agency to notify the owner of the contaminated property if there is soil or soil gas contamination beyond the boundary of the site where the release occurred that poses a threat of exposure to the public above the applicable Tier 1 remediation objectives based on the current use of the off-site property. This bill would be effective immediately. |
| DESCRIPTION: |
EPA—WASTE—USE DETERMINATIONS |
| BILL #: |
SB2034 |
| SPONSOR: |
Sen. Susan Garrett |
| STATUS: |
Passed Senate Environment Committee 8-0 on March 12, 2009 |
| BILL SUMMARY: |
This bill proposes to create a new Section 22.54 of the Environmental Protection Act by authorizing the Illinois Environmental Protection Agency to make written determinations that certain materials that would otherwise be required to be managed as waste may be managed as non-waste if those materials are used beneficially and in a manner that is protective of human health and the environment. The bill would require applicants for beneficial use determinations to demonstrate that (i) the chemical and physical properties of the material are comparable to similar commercially available materials; (ii) the market demand for the material meets certain requirements; (iii) the material is legitimately beneficially used; (iv) the management and use of the material will not cause, threaten, or allow the release of any contaminant into the environment, except as authorized by law; and (v) the management and use of the material otherwise protects human health and safety and the environment. The bill would authorize applicants to seek review of the Agency's written decisions to disapprove of an application for a determination or to approve of it with conditions. The bill further would require determinations to be effective for a period approved by the Agency, but that period may not exceed five years. In addition, the bill would authorize certain materials to maintain their non-waste status after the effective period of the determination under certain conditions. This bill would prohibit recipients of a determination from managing or using the material that is the subject of the determination in violation of the determination or any conditions imposed by it, unless the material is managed as waste. This bill would be effective immediately. |
| DESCRIPTION: |
GREEN INFRASTRUCTURE ACT |
| BILL #: |
HB2434 |
| SPONSOR: |
Rep. Elaine Nekritz |
| STATUS: |
Passed House Environment and Energy Committee 19-0 on March 11, 2009 |
| BILL SUMMARY: |
This bill proposes to create a new Green Infrastructure for the Clean Water Act. The bill would require the Illinois Environmental Protection Agency to adopt comprehensive storm water management rules that meet certain requirements by July 1, 2012. The bill further would require the Agency, beginning in 2010, to implement a storm water permit fee program that would be adequate to support the adoption and implementation of State storm water regulations as required by the Act. Additionally, the bill would require the Agency to establish a statewide standard for storm water management programs in order to transition toward the use of green infrastructure as the predominant storm water management strategy. The bill would require the Agency to review its rules on the distribution of money from the Water Revolving Fund and to endeavor to establish new criteria that prioritize the use of green infrastructure in all projects involving storm water management and water efficiency. This bill does not specify an effective date. |
| DESCRIPTION: |
EPA—CLEAN AIR—FAST-TRACK |
| BILL #: |
HB3859 |
| SPONSOR: |
Rep. Jack D. Franks |
| STATUS: |
Passed House Environment and Energy Committee 18-1 on March 11, 2009 |
| BILL SUMMARY: |
This bill proposes to reenact Section 28.5 of the Environmental Protection Act, which was repealed through a sunset provision on December 31, 2007. The bill provides that if the Clean Air Act Amendments of 1990 require the adoption of rules other than identical in substance rules, and federal sanctions apply if the state fails to adopt rules, then the Pollution Control Board must adopt rules under fast-track rulemaking if requested to do so by the Illinois Environmental Protection Agency. The bill sets forth the form and procedures for a fast-track rulemaking proposals, and would require the Board to accept evidence and comments on the economic impact of any provision of the rule and to consider the economic impact of the rule in any fast-track rulemaking proceeding. Unlike last year's "fast track rulemaking" bill (SB2639), which did not pass, this bill is substantively identical to the previously existing Section 28.5 and does not contain the Agency's attempt to insert "technical corrections" that would have expanded the scope of the legislation. This bill would be effective immediately. |
| DESCRIPTION: |
EPA—BORON REGULATIONS |
| BILL #: |
SB2122 |
| SPONSOR: |
Sen. Susan Garrett |
| STATUS: |
Passed Senate Environment Committee 8-0 on March 12, 2009 |
| BILL SUMMARY: |
This bill proposes to amend Section 13 of the Environmental Protection Act. The bill would require the Illinois Pollution Control Board to conduct a regulatory proceeding to determine the appropriate water quality and effluent standard for boron, if any. The bill would prohibit the State from enforcing the State boron standard, unless and until the Pollution Control Board determines, in a regulatory proceeding, whether boron standards are appropriate in Illinois. This bill does not specify an effective date. |
| DESCRIPTION: |
GREEN BUILDINGS ACT |
| BILL #: |
HB1013 |
| SPONSOR: |
Rep. Mike Boland |
| STATUS: |
Passed in House 114-0; Referred to Senate Assignments Committee on March 30, 2009 |
| BILL SUMMARY: |
This bill proposes to create the Green Buildings Act. The bill would require that State-funded building construction and major renovations of existing State-owned facilities must meet certain energy and environmental standards of the Leadership in Energy and Environmental Design program rating system, the Green Building Initiative's Green Globes rating system, or an equivalent rating system. The bill would permit waivers of the standards by the Capital Development Board or another agency and specifies the criteria for such waivers. The bill would require the Capital Development Board to analyze and evaluate the Act's green building standards after the earlier of five years, or the completion of ten Board green projects. This bill would be effective immediately. |
| DESCRIPTION: |
BIO-DIESEL FUEL USE |
| BILL #: |
HB2535 |
| SPONSOR: |
Rep. Raymond Poe |
| STATUS: |
Passed in House 114-0; Referred to Senate Assignments Committee on March 30, 2009 |
| BILL SUMMARY: |
This bill proposes to amend the Illinois Vehicle Code. The bill would increase the percentage of bio-diesel blend required to be used by a diesel powered vehicle owned by the State or units of local government of the State when refueling at a bulk central fueling facility from 2% to 5%, unless the engine is designed to operate on a higher percentage. This bill would be effective July 1, 2009. |
| DESCRIPTION: |
GREAT LAKES TASK FORCE |
| BILL #: |
HB3828 |
| SPONSOR: |
Rep. Patricia R. Bellock |
| STATUS: |
Passed in House 114-0; Referred to Senate Assignments Committee on March 26, 2009 |
| BILL SUMMARY: |
This bill proposes to amend the Illinois Lake Management Program Act. The bill would create the Task Force on the Conservation and Quality of the Great Lakes for the protection of the water quality and supply of the Great Lakes. The bill sets forth the membership, powers and duties of the Task Force. The bill further would require the Illinois Environmental Protection Agency, with the assistance of the Illinois Department of Natural Resources, to provide administrative support to the Task Force. This bill would be effective immediately. |
"Owners of Large Commercial and Residential Buildings may be Required to Report Annual Greenhouse Gas Emissions under New U.S. EPA Proposed Rule," Environmental Update (March 17, 2009)
"New National Mandatory Greenhouse Gas Reporting Rule Proposed by U.S. EPA: All Sectors of the Economy Impacted," Environmental Update (March 13, 2009)
"EPA Proposes to Regulate Additional Stationary Internal Combustion Engines," Environmental Update (March 6, 2009)
"Court Orders Tennessee Valley Authority to Install and Operate Pollution Controls at Power Plants Estimated to Cost $1 Billion," Environmental Update (January 16, 2009)
Schiff Hardin's diverse environmental practice advises clients engaged in a wide variety of industries and commercial endeavors such as electric generation, natural gas distribution and production, chemical manufacturing, auto and auto parts manufacturing, consumer goods manufacturing, real estate development and investments by financial institutions and equity investors.
For more information, contact us.
|
