Gov. Pritzker Signs Coal Ash Pollution Prevention Act

Statement

Governor JB Pritzker today signed sweeping legislation to prevent coal ash from polluting communities across the state of Illinois.

"Coal ash is a public health issue and a pollution issue, and the state of Illinois is taking action to keep communities safe," said Governor JB Pritzker. "This new law will protect our precious groundwater and rivers from toxic chemicals that can harm our residents. With the Trump administration loosening standards on coal ash, Illinois is raising the bar to protect our environment and the health of people across our state."

Senate Bill 9 prohibits coal ash discharge into the environment, requires IEPA approval for permitting and closures of coal combustion residual (CCR) surface impoundments such as landfills and piles, guarantees financial assurances from CCR owners or operators for future closure or maintenance costs, and directs the IEPA to propose new rules to the Pollution Control Board around the regulation of coal ash in the state, which it will then implement within 12 months.

The new coal ash regulations will be developed by IEPA within eight months and must satisfy the following requirements:

* Must be at least as protective and comprehensive as the federal regulations or amendment promulgated by the U.S. EPA
* Specify the minimum contents of permit applications.
* Specify which types of permits include requirements for closure, post-closure, remediation, and other requirements.
* Specify when permit applications must be submitted.
* Specify standards for review and approval by IEPA for permit applications.
* Specify meaningful public participation procedures and other methods and procedures.
* Prescribe the type and amount of the performance bonds or other securities required.
* Specify a procedure to identify areas of environmental justice concern.
* Specify a method to prioritize CCR surface impoundments required to close if not specified by the U.S. EPA.
* Define when complete removal is achieved.
* Describe the process for identifying an alternative source of contamination when the owner/operator believes it is not from the impoundment.

The new law also directs new funds into the Environmental Protection Permit and Inspection Fund to help IEPA run the program. Power plant owners will pay an initial fee of $50,000 for closed impoundments and $75,000 for those that haven't completed closure. Annual fees will begin on July 1, 2020: $25,000 for those that haven't completed closure and $15,000 for each impoundment that's closed but hasn't completed post-closure care.

Senate Bill 9 takes effect immediately.

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