As part of its published regulatory agenda, the Illinois Environmental Protection Agency (IEPA) has proposed changes to the regulations governing Annual Emissions Reports, often called “AERs.” (That agenda is available here, beginning on page 591 of the report.)
The AERs rule requires permitted sources to report air pollution emissions data of regulated air pollutants. 35 Ill. Adm. Code 254. However, since the Illinois Pollution Control Board allowed the Emissions Reduction Market System (ERMS) program to expire,[1] IEPA is planning to propose amendments to remove reporting requirements related to the ERMS program from AERs. (Obviously with the elimination of the program, sources that participated in ERMS are no longer required to submit seasonal emissions data to IEPA under Part 254.)
IEPA also stated that it intends to clarify and eliminate other unnecessary reporting requirements in the rule, such as provisions for annual throughput and tanks. It did not, however, provide any additional details about those possible changes.
The Takeaway
While the main purpose of the amendments will be eliminating the ERMS, the regulated community will need to review the proposed amendments carefully to assess any changes in yearly reporting requirements. We will post updates when additional information is available. (The Regulatory Agenda indicated the new rules are expected to be proposed in Spring or Summer 2022.)
[1] The Board determined that the program no longer effectively provided environmental benefits.
PartnerMichael P. Murphy focuses his practice in the area of environmental law, including litigating enforcement matters before state and federal courts and administrative agencies, assisting clients with environmental compliance ...