Illinois

Emission standards for data center backup generator permits

Enacted legislation or regulation

In effect This instrument is recorded as currently in effect as of the dataset date.

Scope

Public Act 104-0458 (Senate Bill 25, the Clean and Reliable Grid Affordability Act) amends section 39 of the Illinois Environmental Protection Act (415 ILCS 5/39). Air pollution construction permits for diesel backup generators at a data center, as defined in 20 ILCS 605/605-1025, that are applied for 6 months after the act takes effect and that need a FESOP or Title V permit must meet standards at least as protective as EPA Tier 4 non-road diesel standards; natural-gas backup generators must meet standards at least as protective as Tier 2. The generators may operate only as emergency or standby units, with the outage allowance the act states.

Geographic scope
Illinois
Jurisdiction
State
Authority type
Legislature
Issuing authority
Illinois General Assembly

Dates

Adopted
8 January 2026
Effective
1 June 2026
Scheduled expiration
See completion condition
Ended
Not recorded as ended
Completion condition
The act states no expiration. Its generator standards apply to permit applications made 6 months after the effective date; that applicability date is not stored as a separate day.
Source document
The source page states no document date
Last checked
23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)

Summary

Illinois Public Act 104-0458 sets emission standards for backup generators at data centers that seek air construction permits. Diesel backup generators must meet standards at least as protective as Tier 4, and natural-gas units standards at least as protective as Tier 2, for covered permit applications made 6 months after the act's effective date, and they may operate only as emergency or standby units. The Governor approved the act on 8 January 2026 and it took effect on 1 June 2026. This record covers only the data center generator provisions, not the act's other grid provisions.

What this does not establish

  • The approval and effective dates come from the official bill-status page for SB 25, a supporting source.
  • The act's other large-load and grid provisions are not data-center-specific and are not part of this record.
  • No Illinois EPA or Pollution Control Board rule or guidance implementing the generator standards was found on the agencies' rulemaking pages opened on 23 September 2026.
  • The exact start of the 6-month applicability window was not computed.
  • The compiled 415 ILCS 5/39 on ilga.gov shows a later amendment by Public Act 104-747, effective 1 January 2027, that adds PFAS sampling provisions for NPDES permits; the data center backup generator paragraphs read the same in the versions before and after that amendment.

Unresolved questions

  • How the Illinois EPA will apply the standards to pending applications was not established.

Relationships

Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.

Sources

Primary source

https://www.ilga.gov/Documents/Legislation/PublicActs/104/PDF/104-0458.pdf

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