Illinois General Assembly - Full Text of HB5939
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Full Text of HB5939  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Barbara Flynn Currie


415 ILCS 5/Tit. XVIII heading new
415 ILCS 5/59 new
415 ILCS 5/59.1 new
415 ILCS 5/59.2 new
415 ILCS 5/59.3 new
415 ILCS 5/59.4 new
415 ILCS 5/59.5 new
415 ILCS 5/59.6 new
415 ILCS 5/59.7 new

    Amends the Environmental Protection Act. Creates a new Title in the Act concerning the regulation of coal and coke storage, processing, and transloading. Provides for minimum setbacks for coal and coke facilities, sets limits for quantities of fugitive dust permitted from facilities, establishes specified requirements for storage of coal and coke products, requires permits for construction and operation of facilities, regulates the loading and unloading, paving, and cleaning of facilities. Requires monitoring and testing, record keeping, and reporting to the Illinois Environmental Protection Agency. Effective immediately.

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HB5939LRB098 20256 MGM 55630 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 the heading of Title XVIII and Sections 59, 59.1, 59.2,
659.3, 59.4, 59.5, 59.6, and 59.7 as follows:
7    (415 ILCS 5/Tit. XVIII heading new)
Title XVIII: Coal and Coke Regulation

9    (415 ILCS 5/59 new)
10    Sec. 59. Purpose. The purpose of this Title is to prescribe
11specific operating and maintenance practices to minimize
12emissions of airborne particulate matter from the storage,
13processing, and transloading of coke and coal near specific
15    (415 ILCS 5/59.1 new)
16    Sec. 59.1. Applicability. This Title applies to any person
17that owns or operates a coke or coal storage, processing, or
18transloading facility, that is located within 5,000 feet of the
19property line of a residence, childcare service, preschool,
20primary or secondary school, outdoor recreational area,
21hospital, nursing home, community center, place of worship, or



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1any place of public accommodation, that is not a coal mine, oil
2refinery, or coke plant, and that does not store coke or coal
3solely for use at the facility as either a fuel or as an
4ingredient in a manufacturing process.
5    (415 ILCS 5/59.2 new)
6    Sec. 59.2. Definitions. As used in this Title:
7    "Accumulation" means any surface deposit of coke or coal
8greater than 3 ounces in one square foot other than inside an
9approved storage area, conveyor, transport vehicle, slurry
10bin, water collection channel, or separation pond.
11    "ASTM" means the American Society for Testing and
13    "Chemical stabilizer" means any chemical dust suppressant
14that is not prohibited for the uses proposed in these rules or
15by any other applicable law, and that meets all applicable
16specifications required by any federal, State, or local agency.
17    "Coal" means a solid, brittle, carbonaceous rock
18classified as anthracite, bituminous, subbituminous, or
19lignite by ASTM Designation D388-77.
20    "Coke" means a solid carbonaceous material derived from the
21distillation of coal or from oil refinery coker units or other
22cracking processes. "Coke" includes metallurgical coke and
23petroleum coke.
24    "Enclosed structure" means any completely roofed and
25walled structure or building.



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1    "Facility" means all contiguous land, and any adjacent or
2proximate property under common control or ownership, and
3structures, other appurtenances, and improvements on the land,
4used for the storage, processing, or transloading of coke or
5coal, that is located within 5,000 feet of the property line of
6a residence, childcare service, preschool, primary or
7secondary school, outdoor recreational area, hospital, nursing
8home, community center, place of worship, or any other place of
9public accommodation that is not a coal mine, oil refinery, or
10coke plant, and that does not store coke or coal solely for use
11at the facility as either a fuel or as an ingredient in a
12manufacturing process.
13    "Fugitive dust" means any solid particulate matter that
14becomes airborne by natural or human-made activities.
15"Fugitive dust" does not include particulate matter emitted
16from a properly permitted exhaust stack equipped with air
17pollution control equipment.
18    "Materials received" means coke and coal received at a
19facility by any means, including by car, truck, railcar,
20off-road mobile heavy equipment, or marine vessel, such as a
21boat or barge.
22    "Metallurgical coke" means a carbon material resulting
23from the manufactured purification of multifarious blends of
24bituminous coal.
25    "Moist" means having a moisture content that is in no place
26less than 8.3% by weight for coke, and 7.6% by weight for coal.



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1    "Owner or operator" means any person who has legal title to
2any facility, who has charge, care, or control of and for any
3facility, who is in possession of any facility or any part
4thereof, or who is entitled to control or direct the management
5of any facility.
6    "Petroleum coke" means the solid carbonaceous residue
7produced from a coker after cracking and distillation from
8petroleum refining or upgrading operations.
9    "Place of public accommodation" includes, but is not
10limited to:
11        (1) an inn, hotel, motel, or other place of lodging,
12    except for an establishment located within a building that
13    contains not more than 5 units for rent or hire and that is
14    actually occupied by the proprietor of the establishment;
15        (2) a restaurant, bar, or other establishment serving
16    food or drink;
17        (3) a motion picture house, theater, concert hall,
18    stadium, or other place of exhibition or entertainment;
19        (4) an auditorium, convention center, lecture hall, or
20    other place of public gathering;
21        (5) a bakery, grocery store, clothing store, hardware
22    store, shopping center, or other sales or rental
23    establishment;
24        (6) a laundromat, dry-cleaner, bank, barber shop,
25    beauty shop, travel service, shoe repair service, funeral
26    parlor, gas station, office of an accountant or lawyer,



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1    pharmacy, insurance office, professional office of a
2    health care provider, hospital, or other service
3    establishment;
4        (7) a terminal, depot, or other station used for
5    specified public transportation;
6        (8) a museum, library, gallery, or other place of
7    public display or collection;
8        (9) a park, zoo, amusement park, or other place of
9    recreation;
10        (10) a nursery, day care center, elementary,
11    secondary, undergraduate, or postgraduate school, or other
12    place of education;
13        (11) a senior citizen center, homeless shelter, food
14    bank, adoption agency, or other social service center
15    establishment; and
16        (12) a gymnasium, health spa, bowling alley, golf
17    course, or other place of exercise or recreation.
18    "Process" or "processing" means any chemical, industrial,
19commercial, or manufacturing operation or activity that
20changes the physical or chemical properties of a substance and
21that causes, or has the potential to cause, the emission of
22airborne particles, including, but not limited to, crushing,
23blending, washing, mixing, and screening.
24    "Road" means any route with evidence of repeated prior
25travel by vehicles.
26    "Separation pond" means a container for separating coke or



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1coal from water by gravity, which has a liquid water surface at
2all points.
3    "Transfer point" means any location at a facility where
4coke or coal that is being moved, carried, conveyed, or
5transported is dropped or deposited.
6    "Vehicle" means any car, truck, railcar, off-road mobile
7heavy equipment, or marine vessel such as a boat or barge.
8    "Water spray system" means a dust suppression technique
9that uses water or water-based solutions delivered through
10pipes, tubes, or hoses that are fitted with one or more
12    (415 ILCS 5/59.3 new)
13    Sec. 59.3. Requirements.
14    (a) It shall be unlawful for the property line of a
15facility to be within 1,000 feet of the property line of a
16residence, childcare service, preschool, primary or secondary
17school, outdoor recreational area, hospital, or nursing home or
18within 660 feet from the property line of a community center,
19place of worship, or any place of public accommodation that is
20not, or does not contain, a residence, childcare service,
21preschool, primary or secondary school, outdoor recreational
22area, hospital, or nursing home.
23    (b) The owner or operator of a facility shall not accept
24coke from any source unless coke from that source has
25previously undergone a hazardous waste determination, analyzed



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1as if the coke was a solid waste, in accordance with State law
2and administrative rules, and that determination has
3established that the coke is not a hazardous waste.
4    (c) The owner or operator of a facility shall not cause or
5allow the emission of any fugitive dust:
6        (1) that is visible beyond the property line of the
7    facility; or
8        (2) within the property line of the facility at any
9    coke or coal storage pile, transfer point, entrance or exit
10    to an enclosed structure, roadway, or parking area that,
11    for a period or periods aggregating more than 3 minutes in
12    any one hour or 6 minutes in any continuous 24-hour period,
13    is equal to or greater than 5% opacity, unless a more
14    stringent emission limit is specified elsewhere in this
15    Title or rules adopted thereunder.
16    (d) Before commencing construction and operation of an
17enclosure required by subsection (f) of Section 59.3, the owner
18or operator of a facility must obtain, respectively, a
19construction permit, an air operating permit, and a National
20Pollutant Discharge Elimination System (NPDES) permit from the
21Agency. The Agency may impose requirements, in addition to the
22requirements set forth in this Title, as conditions of the
23facility's construction, air operating, and NPDES permits.
24    (e) The owner or operator of a facility shall prepare,
25submit, and follow a fugitive dust plan. The fugitive dust plan
26shall expire one year after its approval date. Updated fugitive



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1dust plans must be submitted to the Agency for review and
2approval on or before January 31 of each year, provided that
3the first fugitive dust plan shall be submitted no later than
490 days after the effective date of this Title or, for
5facilities that are constructed or become subject to this Title
6after the effective date of this Title, before receiving any
7coke or coal. The Agency shall promptly post proposed fugitive
8dust plans on its website and hold a 30-day public comment
10    If there is any change, modification, or addition to any
11facility component described in an approved fugitive dust plan,
12the facility owner or operator shall submit an amended fugitive
13dust plan to the Agency for review and approval within 15 days
14of that change, modification, or addition. The Agency shall
15promptly post the amended fugitive dust plan on its website and
16hold a 15-day public comment period.
17    After reviewing a proposed fugitive dust plan or amended
18fugitive dust plan and taking into consideration all public
19comments received, the Agency shall only approve a plan if (1)
20the plan ensures compliance with all substantive and
21administrative requirements set forth in this Title and any
22other applicable rules and (2) the Agency determines that the
23facility will not create a public nuisance or adversely impact
24the surrounding area, environment, or property uses and will
25not otherwise pose a threat to public health and welfare.
26    The fugitive dust plan shall include, at a minimum, the



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1following components:
2        (1) a site map, drawn to scale, depicting the facility
3    boundaries and all buildings, roadways, and utilities. In
4    addition, the site map shall identify all potential
5    emissions points and air pollution control equipment;
6        (2) a description of all control measures, devices, and
7    technologies to be used to minimize and control fugitive
8    dust, including back-up measures, devices, or technologies
9    that will be used if the primary methods are out of
10    service, sufficient to comply with the requirements of this
11    Act, and a description of the personnel, including their
12    qualifications, who will oversee those measures, devices,
13    and technologies;
14        (3) a description of the facility's recordkeeping
15    system, which shall include a schedule for routine
16    inspection and maintenance of the control measures,
17    devices, and technologies, and the title of the person or
18    persons responsible for such maintenance and testing.
19        (4) a description of all air monitoring and testing
20    that will occur at the facility under the requirements of
21    this Title.
22    (f) Coke and coal piles shall be maintained in enclosed
23structures that:
24        (1) are properly maintained, and equipped with and use
25    a permitted air pollution control system sufficient to
26    achieve a control efficiency of 99.95% for fugitive dust



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1    emissions or a maximum outlet concentration of 0.005 grains
2    per cubic foot at designed vents and at any other openings,
3    including entrances and exits;
4        (2) are designed, permitted, and constructed in
5    accordance with applicable building code requirements, in
6    accordance with best management practices to reduce the
7    risk of fire or explosion, and shall be situated on an
8    impermeable base or pad; and
9        (3) on any entrances for coke and coal or vehicles,
10    have overlapping flaps, sliding doors, or other equivalent
11    devices approved in writing by the Agency, which shall
12    remain closed except to allow coal, coke, vehicles, or
13    people to enter and exit. Any device approved by the Agency
14    under this subsection (f) shall achieve the same level of
15    fugitive dust control provided by overlapping flaps or
16    sliding doors.
17    (g) Loading and unloading of coke and coal from trucks
18shall be conducted only in enclosed structures equipped with
19either a water spray system operated to prevent visible dust
20emissions sufficiently to comply with the opacity limits of
21paragraph (2) of subsection (c) of Section 59.3 of this Title,
22or vented to permitted air pollution control equipment that is
23operated during loading and unloading activities and is
24sufficient to comply with the opacity limits of paragraph (2)
25of subsection (c) of Section 59.3 of this Title. The entrances
26and exits of those structures shall have overlapping flaps,



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1sliding doors, which shall remain closed except to allow the
2trucks to enter and exit, or other devices approved in writing
3by the Agency. Any device approved by the Agency under this
4subsection (g) must achieve the same level of fugitive dust
5control provided by overlapping flaps or sliding doors.
6    (h) Loading and unloading of coke and coal from railcars
7shall be conducted only in enclosed structures equipped with
8either a water spray system operated to prevent visible dust
9emissions sufficient to comply with the opacity limits of
10paragraph (2) of subsection (c) of Section 59.3 of this Title,
11or vented to permitted air pollution control equipment that is
12operated during loading and unloading activities and is
13sufficient to comply with the opacity limits of paragraph (2)
14of subsection (c) of Section 59.3 of this Title. The entrances
15and exits of those structures shall have overlapping flaps,
16sliding doors, which shall remain closed except to allow the
17railcars to enter and exit, or other devices approved in
18writing by the Agency. Any device approved by the Agency under
19this subsection (h) must achieve the same level of fugitive
20dust control provided by overlapping flaps or sliding doors.
21    (i) Loading and unloading of coke and coal from boats and
22barges shall be conducted only through fully enclosed equipment
23or equipment such as vacuum or screw-type loaders and unloaders
24that the owner or operator of the facility demonstrates will
25control fugitive dust emissions during operations sufficient
26to comply with the opacity limits of paragraph (2) of



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1subsection (c) of Section 59.3 of this Title.
2    (j) The following areas shall be paved with an impermeable
3material and in a manner sufficient to handle the expected
4level of traffic at the facility and maintained as such:
5        (1) all non-road ground surfaces within the facility
6    where accumulations might occur; and
7        (2) all roads and vehicle movement areas within the
8    facility that are used for transporting or moving coke or
9    coal.
10    (k) In order to clean roads of accumulations, the owner or
11operator of a facility shall clean any road that is used to
12transport coke or coal inside or within one quarter mile of the
13perimeter of the facility with a street sweeper and comply with
14the following requirements:
15        (1) the street sweeper shall employ a water spray and
16    vacuum system to prevent fugitive dust during street
17    sweeping and shall either dispose of sweepings in a
18    permitted solid waste facility or return them to the
19    facility for reuse and storage in an enclosed structure;
20        (2) the street sweeping shall be frequent enough that
21    not more than 4 hours elapses between each street sweeper
22    cleaning or after every 100 truck material receipts or
23    dispatches, but not less than one time daily when the
24    facility is operating.
25        (3) the owner or operator of a facility shall record
26    the date and time when street sweeping was performed and



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1    the truck count.
2        (4) the owner or operator of a facility shall begin
3    cleaning up spills of more than 3 pounds of coke or coal,
4    or spills that cover more than a square foot, within one
5    hour, and continue cleanup operations until the spill is
6    removed.
7    (l) The owner or operator of a facility shall maintain all
8areas within the facility, including, but not limited to, rail
9tracks, and all roads and rail tracks within one quarter-mile
10of the facility free of any accumulation.
11    (m) All conveyors shall be enclosed.
12    (n) Fugitive dust emissions from all transfer points shall
13be controlled with one of the following methods, as necessary
14to meet any applicable emission limits, including, but not
15limited to, the 5% opacity limit contained in paragraph (2) of
16subsection (c) of Section 59.3 of this Title:
17        (1) total enclosure;
18        (2) a water spray system sufficient to control fugitive
19    dust emissions during operations;
20        (3) venting to air pollution control equipment which is
21    in full operation and permitted by the Agency; or
22        (4) transfer only moist coke and coal and conduct the
23    transfer only in an overhead truck trailer, railcar, barge
24    or boat loader, or chute with a hopper, such that the
25    exposed drop does not exceed 2 feet from the top of the
26    vehicle.



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1    (o) When transport of coke or coal to or from the facility
2is by truck, the owner or operator shall ensure that:
3        (1) all trucks adhere to the posted speed limit within
4    the facility, which shall be no more than 8 miles per hour;
5        (2) coke and coal is received or transferred only in
6    truck trailers that, within one quarter-mile of the
7    perimeter of the facility, are driven only on paved roads;
8        (3) all outgoing material transport trucks, whether
9    loaded or empty, are cleaned so that:
10            (A) every part of every tractor, trailer, or tire
11        exterior surface, excluding the inside of the trailers
12        if covered under the requirements of subsection (p), is
13        free of all loose coke and coal; and
14            (B) the coke and coal removed by the truck cleaning
15        operation is collected and recycled or otherwise
16        properly disposed of so that it does not result in
17        fugitive dust emissions.
18        (4) all outgoing material transport trucks, whether
19    loaded or empty, pass through a wheel wash station and pass
20    over rumble strips that will vibrate the trucks and shake
21    off loose coal, coke, and dust;
22        (5) owners or operators of facilities shall conduct
23    visual observations and testing of at least one truck per
24    calendar quarter to determine compliance with this
25    subsection (o).
26    (p) The owner or operator of a facility shall not cause or



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1allow coke or coal to be loaded into any truck trailer,
2railcar, or barge unless it is subsequently and immediately
3covered before leaving the facility, and shall not accept any
4coke or coal delivered to the facility unless the delivery
5vehicle is covered in one of the following manners as necessary
6to prevent fugitive dust emissions, as determined by the
8        (1) a continuous tarp that completely covers the truck
9    trailer, railcar top, or barge. The tarp shall be installed
10    or the trailer, railcar, or barge constructed to prevent
11    wind from entering over the leading edge into the interior
12    of the vehicle; or
13        (2) a solid sliding cover that is kept completely
14    closed.
15    (q) The owner or operator of a facility shall not cause or
16allow coke or coal to be loaded into any vehicle such that the
17vehicle leaks or may leak coke or coal or liquid containing
18coke or coal. If a vehicle leaks coke or coal or liquid
19containing coke or coal within the facility, the owner or
20operator shall clean the affected property within one hour with
21a street sweeper or water.
22    (415 ILCS 5/59.4 new)
23    Sec. 59.4. Monitoring and testing. The owner or operator of
24a facility shall conduct continuous ambient air quality
25monitoring for PM10 and PM2.5, as well as opacity and visible



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1emissions testing using approved methods and protocols for
2determining visible emissions and opacity, such as digital
3opacity monitoring or the United States Environmental
4Protection Agency's Method 9 or 9D, as applicable, by a trained
5and certified professional. Opacity and visible emissions
6testing shall be conducted on at least a quarterly basis and
7under a range of weather and atmospheric conditions that are
8representative of conditions at the facility. The owner or
9operator shall include proposed continuous ambient air quality
10monitoring and opacity and visible emissions testing protocols
11in its fugitive dust plan submission to the Agency for
12approval. Air monitoring results shall be made available to the
13public on the Agency's website.
14    (415 ILCS 5/59.5 new)
15    Sec. 59.5. Recordkeeping.
16    (a) The owner or operator of a facility shall:
17        (1) record daily the type and amount of material, in
18    tons, delivered to and taken from the facility for each
19    24-hour period;
20        (2) record, on a monthly basis, the total quantity of
21    coke and coal, in tons, at the facility at the end of each
22    month;
23        (3) record daily, street sweeping;
24        (4) record the time of discovery, condition (moist or
25    dry, depth of material, or both) and removal of any



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1    accumulations pursuant to subsection (i) of Section 59.3 of
2    this Title; and
3        (5) record the time of discovery, condition (moist or
4    dry and depth of material) and cleanup of any spills under
5    paragraph (4) of subsection (k) of this Title.
6    (b) All records required to be kept under this Title shall
7be kept and maintained at the facility and be available for
8inspection for a minimum of 3 years from the date the record is
10    (415 ILCS 5/59.6 new)
11    Sec. 59.6. Reporting. The owner or operator of a facility
12shall provide quarterly reports to the Agency containing the
13following information:
14    (a) A summary of the fugitive dust control measures
15performed during the required reporting period, including an
16explanation of any periods when the procedures outlined in the
17facility's fugitive dust plan were not followed and the
18corrective actions taken, as well as any spills and subsequent
19cleanups that took place under paragraph (4) of subsection (k)
20of this Title.
21    (b) If there was a malfunction during the reporting period
22of any device or equipment at a facility used primarily to
23control or reduce the emission of fugitive dust, the report
24shall include the number, duration, and a brief description for
25each type of malfunction that occurred during the reporting



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1period and which caused or may have caused any applicable
2emission limitation to be exceeded. The report must also
3include a description of actions taken by an owner or operator
4during a malfunction to minimize emissions, including actions
5taken to correct a malfunction.
6    (c) If compliance with any part of this Title relies on the
7moisture content of coke or coal, each calendar week the owner
8or operator shall collect representative samples of coke and
9coal and test the moisture content of these samples using ASTM
10Procedure D 3302 for coal and ASTM Procedure D 3172 and D 4931
11for coke. The owner or operator shall conduct sampling until 3
12consecutive tests at the facility, taken at least 24 hours
13apart, show moisture contents of 8.3% by weight or greater for
14coke and 7.6% by weight or greater for coal. The owner or
15operator shall submit the test results to the Agency as part of
16the facility's quarterly reports.
17    (d) Quarterly reports shall be due to the Agency within 30
18days of the end of each quarter. Quarters end on March 31, June
1930, September 30, and December 31.
20    (d-5) All monitoring and testing results generated under
21Section 59.4.
22    (415 ILCS 5/59.7 new)
23    Sec. 59.7. Other laws. This Title in no way affects the
24responsibilities of the owner or operator of a facility to
25comply with all other applicable federal, State, and municipal



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1laws, ordinances, or rules. The provisions of any ordinance or
2rule of any municipality that are more protective of the public
3health and welfare than the requirements of this Title are not
4preempted by this Title. Any municipality or unit of local
5government, including non-home-rule municipalities and units
6of local government, may adopt laws or ordinances that require
7owners or operators of any chemical, industrial, commercial, or
8manufacturing operation that processes coke or coal to comply
9with pollution control and related compliance, monitoring,
10recordkeeping, and reporting requirements that are more
11stringent than those under this Title.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.