Illinois rules would set greenhouse gas permit exemptions and emissions deadlines

Air pollution construction and operating permits would not be required solely because of greenhouse gas emissions in specified situations. The rules cover equipment, sites, and sources that are not subject to federal or state greenhouse gas regulation or are otherwise not covered by the section or agency rules. The exemptions would not excuse owners or operators from following other applicable environmental rules. The same permit treatment would apply if federal law, a federal court action, or presidential or federal agency action removes federal greenhouse gas authority. After such an event, new permits could not include greenhouse gas terms while the event remains effective. Owners and operators with existing greenhouse gas permit terms could ask the Agency to revise or repeal those terms. The permit limits would apply when one of the listed federal actions occurs and would continue while that action remains effective.

Large greenhouse-gas-emitting units would have to reduce carbon dioxide and related pollutant emissions to zero by deadlines based on fuel, ownership, location, and operating characteristics. The requirements cover coal-, oil-, and gas-fired electric generating units and other fossil-fuel units above the stated capacity threshold, including public and private units and some combined heat and power units. Some gas-fired units would face earlier deadlines in or near environmental justice or eligible communities. Other units would have interim reduction, operating-hour, or existing-emissions limits before their final deadlines. Units could use retirement, 100% green hydrogen, or another commercially proven technology that achieves zero carbon emissions. The text does not allow ordinary regulatory variances or other relief from these emissions obligations. Deadlines range from January 1, 2030 through January 1, 2045, with some interim reductions beginning January 1, 2030, January 1, 2035, or January 1, 2040.

Units could keep operating temporarily after an emissions deadline when a grid operator or the Illinois Commerce Commission determines that continued operation is needed for reliability or emergency backup. The exception covers large greenhouse-gas-emitting units, including electric generating units, participating in a regional transmission organization and certain units that do not participate. A participating unit must provide required retirement documentation and cooperate with the regional transmission organization. A nonparticipating unit could continue as emergency backup only with Illinois Commerce Commission approval. The Agency and Illinois Power Agency would need to develop a reliability plan if studies show a resource adequacy or reliability problem. The Commerce Commission could approve the plan only if it addresses the problem with the least emissions and considers reliable, affordable, efficient, and sustainable electric service. Temporary operation would last only until the identified grid problem is resolved or for the duration approved in a reliability plan.