(a)The Agency may enter into an initial Environmental Management System Agreement with any person regulated under this Act to implement innovative environmental measures that relate to or involve provisions of this Act, even if one or more of the terms of such an Agreement would be inconsistent with an otherwise applicable statute or regulation of this State. Participation in this program is limited to those persons who have submitted an Environmental Management System Agreement that is acceptable to the Agency and who are not currently subject to enforcement action under this Act.
(b)The Agency may adopt rules to implement this Section. Without limiting the generality of this authority, those regulations may, among other things:
(1)Specify the criteria an applicant must meet to partici
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(a) The Agency may enter into an initial Environmental Management System Agreement with any person regulated under this Act to implement innovative environmental measures that relate to or involve provisions of this Act, even if one or more of the terms of such an Agreement would be inconsistent with an otherwise applicable statute or regulation of this State. Participation in this program is limited to those persons who have submitted an Environmental Management System Agreement that is acceptable to the Agency and who are not currently subject to enforcement action under this Act. (b) The Agency may adopt rules to implement this Section. Without limiting the generality of this authority, those regulations may, among other things: (1) Specify the criteria an applicant must meet to participate in this program. (2) Specify the minimum contents of a proposed Environmental Management System Agreement, including, without limitation, the following: (A) requiring identification of all State and federal statutes, rules, and regulations applicable to the facility; (B) requiring identification of all statutes, rules, and regulations that are inconsistent with one or more terms of the proposed Environmental Management System Agreement; (C) requiring a statement of how the proposed Environmental Management System Agreement will achieve one or more of the purposes of this Section; (D) requiring identification of those members of the general public, representatives of local communities, and environmental groups who may have an interest in the Environmental Management System Agreement; and (E) requiring identification of how a participant will demonstrate ongoing compliance with the terms of its Environmental Management System Agreement, which may include an evaluation of a participant's performance under the Environmental Management System Agreement by a third party acceptable to the Agency. Compliance with the Agreement shall be determined not less than annually. (3) Specify the procedures for review by the Agency of Environmental Management System Agreements. (4) Specify the procedures for public participation in, including notice of and comment on, Environmental Management System Agreements and stakeholder involvement in design and implementation of specific projects that are undertaken. (5) Specify the procedures for voluntary termination of an Environmental Management System Agreement. (6) Specify the type of performance guarantee to be provided by an applicant for participation in this program. The nature of the performance guarantee shall be directly related to the complexity of and environmental risk associated with the proposed Environmental Management System Agreement. (c) The Agency shall propose by December 31, 1996, and the Board shall promulgate, criteria and procedures for involuntary termination of Environmental Management System Agreements. The Board shall complete such rulemaking no later than 180 days after receipt of the Agency's proposal. (d) After July 1, 2003, the Agency may enter into an initial Environmental Management System Agreement with any participant in the Federal Performance Track Program, in accordance with the following: (1) The participant submits, in writing, a proposed Environmental Management System Agreement to the Agency. (1.5) The Agency shall provide notice to the public, including an opportunity for public comment and hearing in accordance with the procedures set forth in 35 Ill. Adm. Code Part 164, on each proposal filed with the Agency under this subsection (d). (2) The Agency shall have 120 days after the public comment period, unless the participant grants an extension, to execute a proposed Environmental Management System Agreement. (3) Failure to execute an agreement shall be deemed a rejection. (4) A rejection of a proposed Environmental Management System Agreement by the Agency shall not be appealable.