State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. LaToya Greenwood


415 ILCS 5/22.62 new

    Amends the Environmental Protection Act. Provides that the disposal by incineration of any perfluoroalkyl and polyfluoroalkyl substance, including, but not limited to, aqueous film forming foam, is prohibited. Provides the Illinois Environmental Protection Agency with rulemaking authority. Provides that if a rule or regulation is published by the USEPA regarding all or part of the subjects of these provisions, the rule or regulation shall be controlling over these provisions. Effective immediately.

LRB102 25097 CPF 34357 b





HB4818LRB102 25097 CPF 34357 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5adding Section 22.62 as follows:
6    (415 ILCS 5/22.62 new)
7    Sec. 22.62. PFAS; incineration.
8    (a) As used in this Section:
9        "Incineration" includes, but is not limited to,
10    burning, combustion, pyrolysis, gasification, or the use
11    of an acid recovery furnace or oxidizer, ore roaster,
12    cement kiln, lightweight aggregate kiln, industrial
13    furnace, boiler, or process heater, but does not include
14    thermal oxidizers when they are operated as a pollution
15    control or resource recovery device at a facility that is
16    using PFAS chemicals.
17        "Perfluoroalkyl and polyfluoroalkyl substances" or
18    "PFAS" means a class of fluorinated organic chemicals
19    containing at least one fully fluorinated carbon atom the
20    list of PFAS defined in the US EPA's Toxic Release
21    Inventory (TRI) developed under Section 313 of the
22    Emergency Planning and Community Right-To-Know Act (EPCRA)
23    and codified in 40 CFR 372.65 and also specifically



HB4818- 2 -LRB102 25097 CPF 34357 b

1    excludes liquid or gaseous fluorocarbon or
2    chlorofluorocarbon products, used chiefly as refrigerants.
3    (b) The disposal by incineration of any perfluoroalkyl and
4polyfluoroalkyl substance, including, but not limited to,
5aqueous film forming foam, is prohibited in Illinois. The
6Agency may propose, and the Board may adopt, any rules or
7regulations it deems necessary in order to carry out the
8provisions of this Section.
9    (c) If a rule or regulation is published by the USEPA in
10the Federal Register regarding all or part of the subjects of
11this Section, one year after its publication the rule or
12regulation shall be controlling over the provisions of this
13Section and any part of this Section conflicting therewith
14shall be inoperative.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.