Illinois Increases Maximum Civil Penalties for Environmental Violations
On June 12, 2025, significant changes were made to the Illinois Environmental Protection Act, as Governor Pritzker signed Public Act 104-0006 into law. This landmark legislation dramatically increases the maximum civil penalties for environmental violations, raising the stakes for non-compliance. Effective June 16, 2025, penalties will soar to $100,000 for each violation and $25,000 for each day the violation persists. Additionally, a new provision ensures that these penalties will adjust annually based on the consumer price index. Discover how these changes could impact businesses and the environment in Illinois.
Illinois Supreme Court Affirms No Private Rights of Action Exist Under Illinois Environmental Protection Act’s Tank Program
The Illinois Supreme Court has confirmed that the Illinois Environmental Protection Act’s Tank Program does not provide a private right of action. Enforcement authority remains exclusively with the state, limiting private parties’ ability to pursue claims under the program and clarifying the scope of liability for regulated entities.
New U.S. EPA PFAS Air Testing Method Shows Progress Toward Emissions Standards
In January 2024, the U.S. EPA released Other Test Method 50 (OTM-50), a new, non-regulatory testing method designed to promote consistent measurement of PFAS-related air emissions. The method supports data collection and may inform future air emissions standards.
Changes to Annual Emissions Reports on Published Agenda for Illinois EPA
The Illinois Environmental Protection Agency (IEPA) has proposed amendments to the Annual Emissions Reports (AERs) rule, 35 Ill. Adm. Code 254, as part of its regulatory agenda. The changes would remove reporting requirements associated with the now-expired Emissions Reduction Market System (ERMS) program, including seasonal emissions reporting. IEPA also indicated that it plans to clarify and eliminate other unnecessary reporting requirements, such as provisions related to annual throughput and tanks, though no further details were provided.