HB3278 104TH GENERAL ASSEMBLY

LRB104 11856 BDA 21946 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3278

Introduced 2/18/2025, by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

415 ILCS 5/29.5 new
5 ILCS 100/5-45.65 new

Specifies that the amendatory Act may be referred to as the Plastic Pellet Free Waters Act. Amends the Environmental Protection Act. Requires the Environmental Protection Agency to adopt rules establishing effluent limitations for wastewater, spills, and runoff associated with the production, transport, and packaging of plastic pellets and other preproduction plastic materials. Amends the Illinois Administrative Procedure Act to grant the Agency emergency rulemaking powers. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. References to Act.This Act may be referred to as the Plastic Pellet Free Waters Act.

Section 5. The Environmental Protection Act is amended by adding Section 29.5 as follows:

(415 ILCS 5/29.5 new)

Sec. 29.5. Rules establishing effluent limitations for wastewater, spills, and runoff associated with the production, transport, and packaging of plastic pellets or other preproduction plastic materials. Not later than 60 days after the effective date of this amendatory Act of the 104th General Assembly, the Environmental Protection Agency shall adopt rules to ensure that:

(1) the discharge of plastic pellets or other preproduction plastic materials, including discharge into wastewater and runoff, from facilities regulated under 40 CFR 414 or 40 CFR 463, as in effect on the effective date of this Act, is prohibited in this State;

(2) the discharge of plastic pellets or other preproduction plastic materials, including discharge into wastewater and other runoff, from a point source, as defined in the Federal Water Pollution Control Act, that makes, uses, packages, or transports those plastic pellets and other preproduction plastic materials is prohibited in this State; and

(3) the requirements under paragraphs (1) and (2) are reflected in:

(A) all wastewater, stormwater, and other permits issued by the Agency under this Act or pursuant to the Federal Water Pollution Control Act to facilities and other point sources, as defined in the Federal Water Pollution Control Act, that make, use, package, or transport plastic pellets or other preproduction plastic materials, as determined by the Director, in addition to other applicable limits and standards; and

(B) all standards of performance promulgated under Section 312(p) of the Federal Water Pollution Control Act (33 U.S.C. 1322(p)) that are applicable to point sources, as defined in Section 502 of that Act (33 U.S.C. 1362 and 33 U.S.C. 1329), that make, use, package, or transport plastic pellets or other preproduction plastic materials, as determined by the Director of the Environmental Protection Agency of the State of Illinois.

Section 10. The Illinois Administrative Procedure Act is amended by adding Section 5-45.65 as follows:

(5 ILCS 100/5-45.65 new)

Sec. 5-45.65. Emergency rulemaking; Plastic-Pellet-Free Waters Act. To provide for the expeditious and timely implementation of this amendatory Act of the 104th General Assembly, emergency rules implementing Section 29.5 of the Environmental Protection Act may be adopted by the Environmental Protection Agency in accordance with Section 5-45. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 104th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.