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Illinois Environmental Law

Finding aid for Illinois statutory law and regulation related to environmental protection. Also includes information about state sustainabiilty initiatives and energy efficiency standards.

The Illinois rulemaking process

In Illinois, the General Assembly passes laws. Administrative agencies pass regulations, called administrative rules in Illinois, to explain how the law should be carried out. When agencies wish to adopt or change rules that affect anyone outside the agency itself, they must follow certain rulemaking procedures outlined in the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100]. Through the IAPA, the General Assembly delegates to executive branch State agencies authority to implement statutory law (Public Acts) through administrative law (rules/regulations). For example, a statute may establish a grant program and place it under the authority of a State agency. The agency will then propose administrative rules addressing details such as the application process and eligibility criteria.

The Environmental Protection Act gives the Illinois Pollution Control Board the authority to determine, define, and implement environmental rules, which the Illinois Environmental Protection Agency enforces. The Illinois Emergency Management Agency has regulatory authority over chemical safety and specific aspects of Emergency Planning and Community Right-to-Know (EPCRA). The Illinois Department of Agriculture regulates pesticides, pest control, livestock management facilities, and soil and water conservation districts. The Illinois Department of Natural Resources deals with conservation and mining and minerals regulations. The Office of the State Fire Marshall and Illinois EPA oversee Illinois' underground storage tank program. The Illinois Department of Public Health has programs that touch many aspects of environmental health.

Illinois Environmental Rules

Title 35 of the Illinois Administrative Code covers most environmental rules. These include:

  • Permits And General Provisions
  • Emission Reduction Programs
  • Emission Standards And Limitations For Stationary Sources
  • Toxic Air Contaminants
  • Open Burning
  • Emission Standards And Limitations For Mobile Sources
  • Air Quality Standards And Episodes
  • Water Monitoring And Reporting
  • Treatment Plant Permits and Certification
  • Sewage and Wastewater Regulations
  • Agriculture Related Water Pollution
  • Public Water Supplies
  • Hazardous Waste Operating Requirements
  • Underground Injection Control And Underground Storage Tank Programs
  • Risk Based Cleanup Objectives
  • Illinois "Superfund" Program
  • Right to Know

and many other rules and regulations relating to safe waste removal, noise control, etc.