SB3227 96TH GENERAL ASSEMBLY

LRB096 20473 JDS 36128 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3227

Introduced 2/9/2010, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

415 ILCS 5/9.14 new

Amends the Environmental Protection Act. Provides that the owner or operator of certain emissions sources generating electricity in this State through coal combustion must meet a mercury emissions standard. Provides that if the owner or operator of these emissions sources is unable to comply with the standard through existing control technologies, then he or she may apply to the Agency for an alternative emissions limit for the emissions source. Sets forth provisions for establishing the alternative emissions limit. Provides that upon the establishment of the alternative emissions limit for an affected source, the Agency shall incorporate the alternative emissions limit into the CAAPP permit for the affected emissions source. Provides that an owner or operator complying with the provisions for obtaining an alternative emissions limit shall not be in violation of the mercury emissions standard so long as that owner or operator operates and maintains the affected source in a manner consistent with good air pollution control practices for the minimization of mercury emissions and until the owner or operator obtains the alternative emissions limit for the affected source from the Agency. Sets forth certain test methods to be used to demonstrate compliance with the mercury emission rate requirement. Requires the owner or operator of an affected emissions source to report to the Agency the results of the required tests. Provides for Agency review of the mercury standards adopted. Authorizes the Agency to adopt rules as necessary for the implementation of these mercury emission standards.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by adding Section 9.14 as follows:

(415 ILCS 5/9.14 new)

Sec. 9.14. Mercury emission standards.

(a) As used in this Section:

"Affected source" means any emissions source that generates electricity in the State and combusts coal in an amount greater than 10% of its total heat input on a rolling 12 month basis.

"Alternative emissions limit" means a mercury emissions limit established by the Agency for an affected source.

"Calendar quarter" means the period of January 1 to March 31, inclusive, April 1 to June 30, inclusive, July 1 to September 30, inclusive, or October 1 to December 31, inclusive.

"Fluidized bed combustion unit" means a combustion unit in which fuel is introduced into a layer of solid particles kept in turbulent motion by air that is forced into the layer from below, resulting in a thorough mixing and intimate contact of the fuel and other reactants.

"Inlet conditions" means either: (i) The concentration of mercury in the flue gas exiting the combustion source prior to application of any air pollution control device or (ii) in the case of a fluidized bed combustion unit, the concentration of mercury input to the combustion source based on representative fuel sampling and analysis, as determined by the Agency.

"Mercury" means mercury and mercury compounds in either a gaseous or particulate form.

"TBtu" means trillion BTU of heat input.

(b) On and after July 1, 2013, the owner or operator of an affected source or sources must: (i) meet a mercury emissions rate of equal to or less than 0.6 pounds of mercury per TBtu, or (ii) meet a mercury emissions rate equal to a 90% reduction of mercury from the measured inlet conditions for the affected source, whichever emissions rate is more readily achievable by the affected source, as determined by the owner or operator of the affected source. Compliance with this mercury emission standard shall be demonstrated through stack tests conducted by affected sources in accordance with the provisions of subsection (e) of this Section.

(c) If the owner or operator of any affected source properly installs and operates control technology designed to achieve the mercury emissions rate requirement of subsection (b) and the technology fails to achieve the required emission rate, the owner or operator shall notify the Agency of the failure prior to February 1, 2014. The owner or operator of such an affected source shall submit quarterly stack tests from the affected source to the Agency for evaluation and establishment of an alternative emissions limit for that affected source based upon the optimal performance of properly installed and operated control technology. The Agency shall establish the alternative emissions limit for affected sources complying with the requirements of this subsection (c) no later than April 1, 2015.

Upon the establishment of an alternative emissions limit for an affected source, the Agency shall incorporate the alternative emissions limit into the CAAPP permit issued pursuant to Section 39.5 of this Act for the affected source. Thereafter, upon any application for renewal of the permit, the Agency shall conduct a review of the affected source's alternative emissions limit and may impose a more stringent alternative emissions limit based upon any new data regarding the demonstrated control capabilities of the type of control technology installed and operated at the affected source.

(d) An owner or operator of an affected source complying with the provisions of subsection (c) shall be in compliance with the mercury emissions requirements of subsection (b) for the period beginning July 1, 2013, and ending on the date of the issuance of an alternative emissions limit, unless that owner or operator operates and maintains the affected source, including any associated air pollution control equipment, in a manner inconsistent with good air pollution control practices for the minimization of mercury emissions, as determined by the Agency. In determining whether the owner or operator of the affected source operates and maintains the affected source in a manner consistent with good air pollution control practices for the minimization of mercury emissions, the Agency may review the emissions monitoring results and operating and maintenance procedures of the source and may inspect the affected source.

(e) Any stack test used to demonstrate compliance with the mercury emissions rate requirements of subsection (b) of this Section or used in the establishment or compliance with an alternative emissions limit pursuant to subsection (c) of this Section, shall be based on the average of the stack tests conducted during the 2 most recent calendar quarters for an affected source and shall be conducted on a calendar quarter basis in accordance with the United States Environmental Protection Agency's Method 29 for the determination of metal emissions from stationary sources, as set forth in 40 CFR 60, Appendix A, as amended from time to time, or any other alternative method approved by the United States Environmental Protection Agency or the Illinois Environmental Protection Agency. Stack tests shall be conducted while combusting coal or coal blends that are representative of the coal or coal blends combusted at the affected source during the calendar quarter represented by the stack test.

If the Agency determines that continuous emission monitors for mercury in flue gases are commercially available and can perform in accordance with National Institute of Technology Standards, or other methodology approved by the United States Environmental Protection Agency, the owner or operator of any affected source shall properly install and operate continuous emission monitors and shall not be required to conduct stack testing on a calendar quarter basis. When reporting compliance with the mercury emissions rate requirement of subsection (b) or (c) of this Section, as applicable, the owner or operator of an affected source shall use an average of the continuous emission monitor data recorded at the affected source during the most recent calendar quarter.

(f) The owner or operator of any affected source shall, for each calendar quarter, report to the Agency the results of any stack test or average of the continuous emission monitor data, as applicable, used to demonstrate compliance with the provisions of this subsection. The reports shall be submitted on forms as may be prescribed by the Agency.

(g) On or before July 1, 2017, the Agency shall conduct a review of the mercury emission limits applicable to all affected sources in the State. On or after July 1, 2017, the Agency may adopt regulations imposing mercury emission limits that are more stringent than the emissions requirements provided for in subsection (b) or (c) of this Section.

(h) The Agency shall have the authority to adopt rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary for the implementation of this Section.