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1 | AN ACT concerning energy facilities.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 3.330 and by adding Section 39.9 as follows: | ||||||
6 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32) | ||||||
7 | Sec. 3.330. Pollution control facility. | ||||||
8 | (a) "Pollution control facility" is any waste storage site, | ||||||
9 | sanitary
landfill, waste disposal site, waste transfer | ||||||
10 | station, waste treatment
facility, or waste incinerator. This | ||||||
11 | includes sewers, sewage treatment
plants, and any other | ||||||
12 | facilities owned or operated by sanitary districts
organized | ||||||
13 | under the Metropolitan Water Reclamation District Act. | ||||||
14 | The following are not pollution control facilities: | ||||||
15 | (1) (blank); | ||||||
16 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
17 | 761.42; | ||||||
18 | (3) sites or facilities used by any person conducting a | ||||||
19 | waste storage,
waste treatment, waste disposal, waste | ||||||
20 | transfer or waste incineration
operation, or a combination | ||||||
21 | thereof, for wastes generated by such person's
own | ||||||
22 | activities, when such wastes are stored, treated, disposed | ||||||
23 | of,
transferred or incinerated within the site or facility |
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1 | owned, controlled or
operated by such person, or when such | ||||||
2 | wastes are transported within or
between sites or | ||||||
3 | facilities owned, controlled or operated by such person; | ||||||
4 | (4) sites or facilities at which the State is | ||||||
5 | performing removal or
remedial action pursuant to Section | ||||||
6 | 22.2 or 55.3; | ||||||
7 | (5) abandoned quarries used solely for the disposal of | ||||||
8 | concrete, earth
materials, gravel, or aggregate debris | ||||||
9 | resulting from road construction
activities conducted by a | ||||||
10 | unit of government or construction activities due
to the | ||||||
11 | construction and installation of underground pipes, lines, | ||||||
12 | conduit
or wires off of the premises of a public utility | ||||||
13 | company which are
conducted by a public utility; | ||||||
14 | (6) sites or facilities used by any person to | ||||||
15 | specifically conduct a
landscape composting operation; | ||||||
16 | (7) regional facilities as defined in the Central | ||||||
17 | Midwest Interstate
Low-Level Radioactive Waste Compact; | ||||||
18 | (8) the portion of a site or facility where coal | ||||||
19 | combustion wastes are
stored or disposed of in accordance | ||||||
20 | with subdivision (r)(2) or (r)(3) of
Section 21; | ||||||
21 | (9) the portion of a site or facility used for the | ||||||
22 | collection,
storage or processing of waste tires as defined | ||||||
23 | in Title XIV; | ||||||
24 | (10) the portion of a site or facility used for | ||||||
25 | treatment of
petroleum contaminated materials by | ||||||
26 | application onto or incorporation into
the soil surface and |
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1 | any portion of that site or facility used for storage
of | ||||||
2 | petroleum contaminated materials before treatment. Only | ||||||
3 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
4 | are exempt under this subdivision (10); | ||||||
5 | (11) the portion of a site or facility where used oil | ||||||
6 | is collected or
stored prior to shipment to a recycling or | ||||||
7 | energy recovery facility, provided
that the used oil is | ||||||
8 | generated by households or commercial establishments, and
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9 | the site or facility is a recycling center or a business | ||||||
10 | where oil or gasoline
is sold at retail; | ||||||
11 | (11.5) processing sites or facilities that receive | ||||||
12 | only on-specification used oil, as defined in 35 Ill. | ||||||
13 | Admin. Code 739, originating from used oil collectors for | ||||||
14 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
15 | produce products for sale to off-site petroleum | ||||||
16 | facilities, if these processing sites or facilities are: | ||||||
17 | (i) located within a home rule unit of local government | ||||||
18 | with a population of at least 30,000 according to the 2000 | ||||||
19 | federal census, that home rule unit of local government has | ||||||
20 | been designated as an Urban Round II Empowerment Zone by | ||||||
21 | the United States Department of Housing and Urban | ||||||
22 | Development, and that home rule unit of local government | ||||||
23 | has enacted an ordinance approving the location of the site | ||||||
24 | or facility and provided funding for the site or facility; | ||||||
25 | and (ii) in compliance with all applicable zoning | ||||||
26 | requirements;
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1 | (12) the portion of a site or facility utilizing coal | ||||||
2 | combustion waste
for stabilization and treatment of only | ||||||
3 | waste generated on that site or
facility when used in | ||||||
4 | connection with response actions pursuant to the federal
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5 | Comprehensive Environmental Response, Compensation, and | ||||||
6 | Liability Act of 1980,
the federal Resource Conservation | ||||||
7 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
8 | Protection Act or as authorized by the Agency; | ||||||
9 | (13) the portion of a site or facility accepting | ||||||
10 | exclusively general
construction or demolition debris, | ||||||
11 | located in a county with a population over
500,000 as of | ||||||
12 | January 1, 2000, and operated and located in accordance | ||||||
13 | with Section 22.38 of this Act; | ||||||
14 | (14) the portion of a site or facility, located within | ||||||
15 | a unit of local government that has enacted local zoning | ||||||
16 | requirements, used to accept, separate, and process | ||||||
17 | uncontaminated broken concrete, with or without protruding | ||||||
18 | metal bars, provided that the uncontaminated broken | ||||||
19 | concrete and metal bars are not speculatively accumulated, | ||||||
20 | are at the site or facility no longer than one year after | ||||||
21 | their acceptance, and are returned to the economic | ||||||
22 | mainstream in the form of raw materials or products; | ||||||
23 | (15) the portion of a site or facility located in a | ||||||
24 | county with a population over 3,000,000 that has obtained | ||||||
25 | local siting approval under Section 39.2 of this Act for a | ||||||
26 | municipal waste incinerator on or before July 1, 2005 and |
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1 | that is used for a non-hazardous waste transfer station;
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2 | (16) a site or facility that temporarily holds in | ||||||
3 | transit for 10 days or less, non-petruscible solid waste in | ||||||
4 | original containers, no larger in capacity than 500 | ||||||
5 | gallons, provided that such waste is further transferred to | ||||||
6 | a recycling, disposal, treatment, or storage facility on a | ||||||
7 | non-contiguous site and provided such site or facility | ||||||
8 | complies with the applicable 10-day transfer requirements | ||||||
9 | of the federal Resource Conservation and Recovery Act of | ||||||
10 | 1976 and United States Department of Transportation | ||||||
11 | hazardous material requirements. For purposes of this | ||||||
12 | Section only, "non-petruscible solid waste" means waste | ||||||
13 | other than municipal garbage that does not rot or become | ||||||
14 | putrid, including, but not limited to, paints, solvent, | ||||||
15 | filters, and absorbents;
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16 | (17)
the portion of a site or facility located in a | ||||||
17 | county with a population greater than 3,000,000 that has | ||||||
18 | obtained local siting approval, under Section 39.2 of this | ||||||
19 | Act, for a municipal waste incinerator on or before July 1, | ||||||
20 | 2005 and that is used for wood combustion facilities for | ||||||
21 | energy recovery that accept and burn only wood material, as | ||||||
22 | included in a fuel specification approved by the Agency;
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23 | (18)
a transfer station used exclusively for landscape | ||||||
24 | waste, including a transfer station where landscape waste | ||||||
25 | is ground to reduce its volume, where the landscape waste | ||||||
26 | is held no longer than 24 hours from the time it was |
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1 | received; and
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2 | (19) the portion of a site or facility that (i) is used | ||||||
3 | for the composting of food scrap, livestock waste, crop | ||||||
4 | residue, uncontaminated wood waste, or paper waste, | ||||||
5 | including, but not limited to, corrugated paper or | ||||||
6 | cardboard, and (ii) meets all of the following | ||||||
7 | requirements: | ||||||
8 | (A) There must not be more than a total of 30,000 | ||||||
9 | cubic yards of livestock waste in raw form or in the | ||||||
10 | process of being composted at the site or facility at | ||||||
11 | any one time. | ||||||
12 | (B) All food scrap, livestock waste, crop residue, | ||||||
13 | uncontaminated wood waste, and paper waste must, by the | ||||||
14 | end of each operating day, be processed and placed into | ||||||
15 | an enclosed vessel in which air flow and temperature | ||||||
16 | are controlled, or all of the following additional | ||||||
17 | requirements must be met: | ||||||
18 | (i) The portion of the site or facility used | ||||||
19 | for the composting operation must include a | ||||||
20 | setback of at least 200 feet from the nearest | ||||||
21 | potable water supply well. | ||||||
22 | (ii) The portion of the site or facility used | ||||||
23 | for the composting operation must be located | ||||||
24 | outside the boundary of the 10-year floodplain or | ||||||
25 | floodproofed. | ||||||
26 | (iii) The portion of the site or facility used |
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1 | for the composting operation must be located at | ||||||
2 | least one-eighth of a mile from the nearest | ||||||
3 | residence, other than a residence located on the | ||||||
4 | same property as the site or facility. | ||||||
5 | (iv) The portion of the site or facility used | ||||||
6 | for the composting operation must be located at | ||||||
7 | least one-eighth of a mile from the property line | ||||||
8 | of all of the following areas: | ||||||
9 | (I) Facilities that primarily serve to | ||||||
10 | house or treat people that are | ||||||
11 | immunocompromised or immunosuppressed, such as | ||||||
12 | cancer or AIDS patients; people with asthma, | ||||||
13 | cystic fibrosis, or bioaerosol allergies; or | ||||||
14 | children under the age of one year. | ||||||
15 | (II) Primary and secondary schools and | ||||||
16 | adjacent areas that the schools use for | ||||||
17 | recreation. | ||||||
18 | (III) Any facility for child care licensed | ||||||
19 | under Section 3 of the Child Care Act of 1969; | ||||||
20 | preschools; and adjacent areas that the | ||||||
21 | facilities or preschools use for recreation. | ||||||
22 | (v) By the end of each operating day, all food | ||||||
23 | scrap, livestock waste, crop residue, | ||||||
24 | uncontaminated wood waste, and paper waste must be | ||||||
25 | (i) processed into windrows or other piles and (ii) | ||||||
26 | covered in a manner that prevents scavenging by |
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1 | birds and animals and that prevents other | ||||||
2 | nuisances. | ||||||
3 | (C) Food scrap, livestock waste, crop residue, | ||||||
4 | uncontaminated wood waste, paper waste, and compost | ||||||
5 | must not be placed within 5 feet of the water table. | ||||||
6 | (D) The site or facility must meet all of the | ||||||
7 | requirements of the Wild and Scenic Rivers Act (16 | ||||||
8 | U.S.C. 1271 et seq.). | ||||||
9 | (E) The site or facility must not (i) restrict the | ||||||
10 | flow of a 100-year flood, (ii) result in washout of | ||||||
11 | food scrap, livestock waste, crop residue, | ||||||
12 | uncontaminated wood waste, or paper waste from a | ||||||
13 | 100-year flood, or (iii) reduce the temporary water | ||||||
14 | storage capacity of the 100-year floodplain, unless | ||||||
15 | measures are undertaken to provide alternative storage | ||||||
16 | capacity, such as by providing lagoons, holding tanks, | ||||||
17 | or drainage around structures at the facility. | ||||||
18 | (F) The site or facility must not be located in any | ||||||
19 | area where it may pose a threat of harm or destruction | ||||||
20 | to the features for which: | ||||||
21 | (i) an irreplaceable historic or | ||||||
22 | archaeological site has been listed under the | ||||||
23 | National Historic Preservation Act (16 U.S.C. 470 | ||||||
24 | et seq.) or the Illinois Historic Preservation | ||||||
25 | Act; | ||||||
26 | (ii) a natural landmark has been designated by |
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1 | the National Park Service or the Illinois State | ||||||
2 | Historic Preservation Office; or | ||||||
3 | (iii) a natural area has been designated as a | ||||||
4 | Dedicated Illinois Nature Preserve under the | ||||||
5 | Illinois Natural Areas Preservation Act. | ||||||
6 | (G) The site or facility must not be located in an | ||||||
7 | area where it may jeopardize the continued existence of | ||||||
8 | any designated endangered species, result in the | ||||||
9 | destruction or adverse modification of the critical | ||||||
10 | habitat for such species, or cause or contribute to the | ||||||
11 | taking of any endangered or threatened species of | ||||||
12 | plant, fish, or wildlife listed under the Endangered | ||||||
13 | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | ||||||
14 | Endangered Species Protection Act ; and . | ||||||
15 | (20) the portion of a site or facility that is located | ||||||
16 | entirely within a home rule unit having a population of no | ||||||
17 | less than 120,000 and no more than 135,000, according to | ||||||
18 | the 2000 federal census, and that meets all of the | ||||||
19 | following requirements: | ||||||
20 | (i) the portion of the site or facility is used | ||||||
21 | exclusively to perform testing of a thermochemical | ||||||
22 | conversion technology using only woody biomass, | ||||||
23 | collected as landscape waste within the boundaries | ||||||
24 | of the home rule unit, as the hydrocarbon feedstock | ||||||
25 | for the production of synthetic gas in accordance | ||||||
26 | with Section 39.9 of this Act; |
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1 | (ii) the portion of the site or facility is in | ||||||
2 | compliance with all applicable zoning | ||||||
3 | requirements; and | ||||||
4 | (iii) a complete application for a | ||||||
5 | demonstration permit at the portion of the site or | ||||||
6 | facility has been submitted to the Agency in | ||||||
7 | accordance with Section 39.9 of this Act within one | ||||||
8 | year after the effective date of this amendatory | ||||||
9 | Act of the 96th General Assembly. | ||||||
10 | (b) A new pollution control facility is: | ||||||
11 | (1) a pollution control facility initially permitted | ||||||
12 | for development or
construction after July 1, 1981; or | ||||||
13 | (2) the area of expansion beyond the boundary of a | ||||||
14 | currently permitted
pollution control facility; or | ||||||
15 | (3) a permitted pollution control facility requesting | ||||||
16 | approval to
store, dispose of, transfer or incinerate, for | ||||||
17 | the first time, any special
or hazardous waste. | ||||||
18 | (Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; | ||||||
19 | 95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. | ||||||
20 | 8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; revised | ||||||
21 | 10-1-09.) | ||||||
22 | (415 ILCS 5/39.9 new) | ||||||
23 | Sec. 39.9. Thermochemical conversion technology | ||||||
24 | demonstration permit. | ||||||
25 | (a) The purpose of this Section is to provide for the |
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1 | permitting and testing of thermochemical conversion technology | ||||||
2 | ("TCT") on a pilot-scale basis. | ||||||
3 | (b) For purposes of this Section: | ||||||
4 | "Thermochemical conversion" means the application of heat | ||||||
5 | to woody biomass, collected as landscape waste within the | ||||||
6 | boundaries of the host unit of local government, in order to | ||||||
7 | convert that material to a synthetic gas ("syngas") that can be | ||||||
8 | processed for use as a fuel for the production of electricity | ||||||
9 | and process heat, for the production of ethanol or hydrogen to | ||||||
10 | be used as transportation fuel, or for both of those purposes. | ||||||
11 | To qualify as thermochemical conversion, the thermochemical | ||||||
12 | conversion technology must not continuously operate at | ||||||
13 | temperatures exceeding an hourly average of 2,000°F, must | ||||||
14 | operate at or near atmospheric pressure with no intentional or | ||||||
15 | forced addition of air or oxygen, must use electricity for the | ||||||
16 | source of heat, and must be designed to produce more energy | ||||||
17 | than it consumes. | ||||||
18 | "Thermochemical conversion technology demonstration | ||||||
19 | permit" or "TCTDP" means a demonstration permit issued by the | ||||||
20 | Agency's Bureau of Air Permit Section under this Section. The | ||||||
21 | TCT will be considered a process emission unit. | ||||||
22 | "Thermochemical conversion technology processing facility" | ||||||
23 | means a facility constructed and operated for the purpose of | ||||||
24 | conducting thermochemical conversion under this Section. | ||||||
25 | "Woody biomass" means the fibrous cellular substance | ||||||
26 | consisting largely of cellulose, hemicellulose, and lignin |
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1 | from trees and shrubs collected as landscape waste. "Woody | ||||||
2 | biomass" also includes bark and leaves from trees and shrubs, | ||||||
3 | but does not include other wastes or foreign materials. | ||||||
4 | (c) The Agency may, under the authority of subsection (b) | ||||||
5 | of Section 9 and subsection (a) of Section 39 of the Act, issue | ||||||
6 | a TCTDP to an applicant for field testing of a thermochemical | ||||||
7 | conversion technology processing facility to demonstrate that | ||||||
8 | the thermochemical conversion technology can reliably produce | ||||||
9 | syngas that can be processed for use as a fuel for the | ||||||
10 | production of electricity and process heat, for the production | ||||||
11 | of ethanol or hydrogen to be used as transportation fuel, or | ||||||
12 | for both purposes. The TCTDP shall be subject to the following | ||||||
13 | conditions: | ||||||
14 | (1) The application for a TCTDP must demonstrate that | ||||||
15 | the thermochemical conversion technology processing | ||||||
16 | facility is not a major source of air pollutants but is | ||||||
17 | eligible for an air permit issued pursuant to 35 Ill. Adm. | ||||||
18 | Code 201.169. The application must demonstrate that the | ||||||
19 | potential to emit carbon monoxide (CO), sulfur dioxide | ||||||
20 | (SO 2 ), nitrogen oxides (NOx), and particulate matter (PM, | ||||||
21 | PM10) individually for each pollutant does not exceed 79.9 | ||||||
22 | tons per year; that the potential to emit volatile organic | ||||||
23 | material (VOM) does not exceed 24.9 tons per year; that the | ||||||
24 | potential to emit individual hazardous air pollutants | ||||||
25 | (HAPs) does not exceed 7.9 tons per year; and that the | ||||||
26 | potential to emit combined total HAPs does not exceed 19.9 |
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1 | tons per year. | ||||||
2 | (2) The applicant for a TCTDP must perform emissions | ||||||
3 | testing during the permit period, as required by the | ||||||
4 | Agency, and submit the results of that testing to the | ||||||
5 | Agency, as specified in the TCTDP, within 60 days after the | ||||||
6 | completion of testing. | ||||||
7 | (3) During the permit period the applicant for a TCTDP | ||||||
8 | may not convert more than 4 tons per day of woody biomass | ||||||
9 | in the thermochemical conversion technology processing | ||||||
10 | facility. | ||||||
11 | (4) The applicant for a TCTDP must demonstrate that the | ||||||
12 | proposed project meets the criteria defining | ||||||
13 | thermochemical conversion in subsection (b) of this | ||||||
14 | Section. | ||||||
15 | (5) The applicant for a TCTDP must submit application | ||||||
16 | fees in accordance with subsection (c) of Section 9.12 of | ||||||
17 | this Act, excluding the fees under subparagraph (B) of | ||||||
18 | paragraph (2) of subsection (c) of that Section. | ||||||
19 | (6) A complete application for a TCTDP must be filed in | ||||||
20 | accordance with this Section and submitted to the Agency | ||||||
21 | within one year after the effective date of this amendatory | ||||||
22 | Act of the 96th General Assembly. | ||||||
23 | (7) In addition to the TCTDP, the applicant for a TCTDP | ||||||
24 | must obtain applicable water pollution control permits | ||||||
25 | before constructing or operating the thermochemical | ||||||
26 | conversion technology processing facility and applicable |
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1 | waste management permits before the facility receives | ||||||
2 | woody biomass collected as landscape waste. In addition to | ||||||
3 | authorizing receipt and treatment by thermochemical | ||||||
4 | conversion of woody biomass, waste management permits may | ||||||
5 | authorize, and establish limits for, storage and | ||||||
6 | pre-processing of woody biomass for the exclusive use of | ||||||
7 | the thermochemical conversion technology processing | ||||||
8 | facility. Woody biomass received at the facility and all | ||||||
9 | mineral ash and other residuals from the thermochemical | ||||||
10 | conversion process must be managed in accordance with | ||||||
11 | applicable provisions of this Act and rules and permit | ||||||
12 | conditions adopted under the authority of this Act. The | ||||||
13 | facility must be closed in accordance with applicable | ||||||
14 | permit conditions.
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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