Section 106.704  Termination Under Section 52.3-4(b) or (b-5) of the Act

a)         To terminate an EMSA under Section 52.3-4(b) of the Act, the Agency must determine that the sponsor's performance under the EMSA has failed to:

1)         Achieve emissions reductions or reductions in discharges of wastes beyond the otherwise applicable statutory and regulatory requirements through pollution prevention or other suitable means; or

2)         Achieve real environmental risk reduction or foster environmental compliance by other persons regulated under the Act in a manner that is clearly superior to the existing regulatory system.  [415 ILCS 5/52.3-1(b)]

b)         To terminate an EMSA under Section 52.3-4(b-5) of the Act, the Agency must determine that the sponsor's participation in the Federal Performance Track Program has ceased. [415 ILCS 5/52.3-4(b-5)]

c)         If the Agency terminates an EMSA under Section 52.3-4(b) or (b-5) of the Act, the sponsor may file an appeal with the Board.  Appeals to the Board will be under 35 Ill. Adm. Code 105.Subparts A and B.

(Source:  Amended at 41 Ill. Reg. 10104, effective July 5, 2017)