Full Text of SB3121 98th General Assembly
SB3121 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3121 Introduced 2/7/2014, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: | | 415 ILCS 5/3.386 new | | 415 ILCS 5/3.388 new | | 415 ILCS 5/9.4 | from Ch. 111 1/2, par. 1009.4 | 415 ILCS 5/22.16b | from Ch. 111 1/2, par. 1022.16b |
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Amends the Environmental Protection Act. Changes the definition of "municipal waste incineration" to exclude the combustion of certain materials that might otherwise qualify as municipal waste. Makes, as a result, the Act's municipal waste incineration emission standards inapplicable to facilities where those waste-derived materials are combusted. Authorizes the Illinois Pollution Control Board to determine, based solely on certain federal standards, which of these waste-derived materials do not qualify as municipal waste. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 9.4 and 22.16b and by adding Sections 3.386 | 6 | | and 3.388 as follows: | 7 | | (415 ILCS 5/3.386 new) | 8 | | Sec. 3.386. Refuse-derived fuel. "Refuse-derived fuel" | 9 | | means a type of municipal solid waste produced by processing | 10 | | municipal solid waste through shredding and size | 11 | | classification. "Refuse-derived fuel" includes all classes of | 12 | | refuse-derived fuel ranging in density from low-density fluff | 13 | | refuse-derived fuel through densified refuse-derived fuel and | 14 | | pelletized refuse-derived fuel. "Refuse-derived fuel" shall | 15 | | not include bio-derived fuels. | 16 | | (415 ILCS 5/3.388 new) | 17 | | Sec. 3.388. Bio-derived fuel. "Bio-derived fuel" means any | 18 | | fuel produced from biomass, solid waste, or mixtures thereof, | 19 | | by using a carbonization, pyrolysis, or gasification process to | 20 | | alter the chemical composition of the end product by: | 21 | | (a) reducing the moisture content to less than 2% by | 22 | | weight; |
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| 1 | | (b) increasing the heating value to at least 9,500 Btus/lb; | 2 | | (c) increasing the energy density to at least 250,000 | 3 | | Btus/cubic foot; or | 4 | | (d) removing substantial amounts of sulfur and chlorine.
| 5 | | (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
| 6 | | Sec. 9.4. Municipal waste incineration emission standards.
| 7 | | (a) The General Assembly finds:
| 8 | | (1) That air pollution from municipal waste | 9 | | incineration may constitute
a threat to public health, | 10 | | welfare and the environment. The amounts and
kinds of | 11 | | pollutants depend on the nature of the waste stream, | 12 | | operating
conditions of the incinerator, and the | 13 | | effectiveness of emission controls.
Under normal operating | 14 | | conditions, municipal waste incinerators produce
| 15 | | pollutants such as organic compounds, metallic compounds | 16 | | and acid gases
which may be a threat to public health, | 17 | | welfare and the environment.
| 18 | | (2) That a combustion and flue-gas control system, | 19 | | which is properly
designed, operated and maintained, can | 20 | | substantially reduce the emissions
of organic materials, | 21 | | metallic compounds and acid gases from municipal
waste | 22 | | incineration.
| 23 | | (b) It is the purpose of this Section to insure that | 24 | | emissions from new
municipal waste incineration facilities | 25 | | which burn a total of 25 tons or
more of municipal waste per |
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| 1 | | day are adequately controlled.
| 2 | | Such facilities shall be subject to emissions limits and | 3 | | operating
standards based upon the application of Best | 4 | | Available Control Technology,
as determined by the Agency, for | 5 | | emissions of the following categories of
pollutants:
| 6 | | (1) particulate matter, sulfur dioxide and nitrogen | 7 | | oxides;
| 8 | | (2) acid gases;
| 9 | | (3) heavy metals; and
| 10 | | (4) organic materials.
| 11 | | (c) The Agency shall issue permits, pursuant to Section 39, | 12 | | to new
municipal waste incineration facilities only if the | 13 | | Agency finds that such
facilities are designed, constructed and | 14 | | operated so as to comply with the
requirements prescribed by | 15 | | this Section.
| 16 | | Prior to adoption of Board regulations under subsection (d) | 17 | | of this
Section the Agency may issue permits for the | 18 | | construction of new municipal
waste incineration facilities. | 19 | | The Agency determination of Best Available
Control Technology | 20 | | shall be based upon consideration of the specific
pollutants | 21 | | named in subsection (d), and emissions of particulate matter,
| 22 | | sulfur dioxide and nitrogen oxides.
| 23 | | Nothing in this Section shall limit
the applicability of | 24 | | any other Sections of this Act, or of other standards
or | 25 | | regulations adopted by the Board, to municipal waste | 26 | | incineration
facilities. In issuing such permits, the Agency |
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| 1 | | may prescribe those
conditions necessary to assure continuing | 2 | | compliance with the emission
limits and operating standards | 3 | | determined pursuant to subsection (b); such
conditions may | 4 | | include the monitoring and reporting of emissions.
| 5 | | (d) Within one year after July 1, 1986, the Board shall | 6 | | adopt regulations pursuant to Title
VII of this Act, which | 7 | | define the terms in items (2), (3) and (4) of subsection
(b) of | 8 | | this Section which are to be used by the Agency in making its
| 9 | | determination pursuant to this Section. The provisions of | 10 | | Section 27(b) of
this Act shall not apply to this rulemaking.
| 11 | | Such regulations shall be written so that the categories of | 12 | | pollutants
include, but need not be limited to, the following | 13 | | specific pollutants:
| 14 | | (1) hydrogen chloride in the definition of acid gases;
| 15 | | (2) arsenic, cadmium, mercury, chromium, nickel and | 16 | | lead in the
definition of heavy metals; and
| 17 | | (3) polychlorinated dibenzo-p-dioxins, polychlorinated | 18 | | dibenzofurans and
polynuclear aromatic hydrocarbons in the | 19 | | definition of organic materials.
| 20 | | (e) For the purposes of this Section, the term "Best | 21 | | Available Control
Technology" means an emission limitation
| 22 | | (including a visible emission standard) based on the maximum | 23 | | degree of
pollutant reduction which the Agency, on a | 24 | | case-by-case basis, taking into
account energy, environmental | 25 | | and economic impacts, determines is
achievable through the | 26 | | application of production processes or available
methods, |
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| 1 | | systems and techniques, including fuel cleaning or treatment or
| 2 | | innovative fuel combustion techniques. If the Agency | 3 | | determines that
technological or economic limitations on the | 4 | | application of measurement
methodology to a particular class of | 5 | | sources would make the imposition of
an emission standard not | 6 | | feasible, it may instead prescribe a design,
equipment, work | 7 | | practice or operational standard, or combination thereof,
to | 8 | | require the application of best available control technology. | 9 | | Such standard
shall, to the degree possible, set forth the | 10 | | emission reduction achievable by
implementation of such | 11 | | design, equipment, work practice or operation and
shall provide | 12 | | for compliance by means which achieve equivalent results.
| 13 | | (f) "Municipal waste incineration" means the burning of | 14 | | municipal waste
or fuel derived therefrom in a combustion | 15 | | apparatus designed to burn
municipal waste that may produce | 16 | | electricity or steam as a by-product. A
"new municipal waste | 17 | | incinerator" is an incinerator initially permitted for
| 18 | | development or construction after January 1, 1986. For the | 19 | | purposes of this Section, "municipal waste incineration" does | 20 | | not include the burning of any fuel considered "bio-derived | 21 | | fuel" under Section 3.386 of this Act. For the purposes of this | 22 | | Section, municipal waste and fuel derived from municipal waste | 23 | | do not include non-hazardous secondary material that is | 24 | | excluded from solid waste when used legitimately as a fuel or | 25 | | an ingredient in a combustion unit in accordance with the | 26 | | standards and criteria set forth in 40 CFR Part 241. The |
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| 1 | | determination of whether a material is a solid waste pursuant | 2 | | to the standards and criteria in Part 241 shall be obtained | 3 | | from the United States Environmental Protection Agency (USEPA) | 4 | | in accordance with the procedures for USEPA determinations at | 5 | | 40 CFR Part 241 or from the Board. For the purposes of this | 6 | | Section, the determinations shall apply only to non-hazardous | 7 | | secondary materials pursuant to Part 241 that are also | 8 | | municipal waste pursuant to Section 3.290 of this Act. For | 9 | | waste determinations made by the Board under this subsection | 10 | | (f), the Board shall make the waste determinations in | 11 | | accordance with the standards and criteria for discarded | 12 | | non-hazardous secondary materials as provided at 40 CFR Part | 13 | | 241.
| 14 | | (g) The provisions of this Section shall not apply to | 15 | | industrial
incineration facilities that burn waste generated | 16 | | at the same site.
| 17 | | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
| 18 | | (415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
| 19 | | Sec. 22.16b. (a) Beginning January 1, 1991, the Agency | 20 | | shall assess and
collect a fee from the owner or operator of | 21 | | each new municipal waste
incinerator. The fee shall be | 22 | | calculated by applying the rates established
from time to time | 23 | | for the disposal of solid waste at sanitary landfills
under | 24 | | subdivision (b)(1) of Section 22.15 to the total amount of | 25 | | municipal
waste accepted for incineration at the new municipal |
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| 1 | | waste incinerator.
The exemptions provided by this Act to the | 2 | | fees imposed under subsection
(b) of Section 22.15 shall not | 3 | | apply to the fee imposed by this Section.
| 4 | | The owner or operator of any new municipal waste | 5 | | incinerator permitted
after January 1, 1990, but before July 1, | 6 | | 1990 by the Agency for the
development or operation of a new | 7 | | municipal waste incinerator shall be exempt
from this fee, but | 8 | | shall include the following conditions:
| 9 | | (1) The owner or operator shall provide information | 10 | | programs to those
communities serviced by the owner or | 11 | | operator concerning recycling and
separation of waste not | 12 | | suitable for incineration.
| 13 | | (2) The owner or operator shall provide information | 14 | | programs to those
communities serviced by the owner or | 15 | | operator concerning the Agency's
household hazardous waste | 16 | | collection program and participation in that program.
| 17 | | For the purposes of this Section, "new municipal waste | 18 | | incinerator" means
a municipal waste incinerator initially | 19 | | permitted for development or
construction on or after January | 20 | | 1, 1990. A municipal waste incinerator qualifies as a municipal | 21 | | waste incineration facility under Section 9.4 of this Act.
| 22 | | Amounts collected under this subsection shall be deposited | 23 | | into the
Municipal Waste Incinerator Tax Fund, which is hereby | 24 | | established as an
interest-bearing special fund in the State | 25 | | Treasury. Monies in the Fund
may be used, subject to | 26 | | appropriation:
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| 1 | | (1) by the Department of Commerce and Economic | 2 | | Opportunity to fund its
public information programs on
| 3 | | recycling in those communities served by new municipal | 4 | | waste incinerators; and
| 5 | | (2) by the Agency to fund its household hazardous waste | 6 | | collection
activities in those communities served by new | 7 | | municipal waste incinerators.
| 8 | | (b) Any permit issued by the Agency for the development or | 9 | | operation of
a new municipal waste incinerator shall include | 10 | | the following conditions:
| 11 | | (1) The incinerator must be designed to provide | 12 | | continuous monitoring
while in operation, with direct | 13 | | transmission of the resultant data to the
Agency, until the | 14 | | Agency determines the best available control technology
| 15 | | for monitoring the data. The Agency shall establish the
| 16 | | test methods, procedures and averaging periods, as | 17 | | certified by the USEPA
for solid waste incinerator units, | 18 | | and the form and frequency of reports
containing results of | 19 | | the monitoring. Compliance and enforcement shall be
based | 20 | | on such reports. Copies of the results of such
monitoring | 21 | | shall be maintained on file at the facility concerned for | 22 | | one
year, and copies shall be made available for inspection | 23 | | and copying by
interested members of the public during | 24 | | business hours.
| 25 | | (2) The facility shall comply with the emission limits | 26 | | adopted by the
Agency under subsection (c).
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| 1 | | (3) The operator of the facility shall take reasonable | 2 | | measures to
ensure that waste accepted for incineration | 3 | | complies with all legal
requirements for incineration. The | 4 | | incinerator operator shall establish
contractual | 5 | | requirements or other notification and inspection | 6 | | procedures
sufficient to assure compliance with this | 7 | | subsection (b)(3) which may
include, but not be limited to, | 8 | | routine inspections of waste, lists of
acceptable and | 9 | | unacceptable waste provided to haulers and notification to | 10 | | the
Agency when the facility operator rejects and sends | 11 | | loads away. The
notification shall contain at least the | 12 | | name of the hauler and the site
from where the load was | 13 | | hauled.
| 14 | | (4) The operator may not accept for incineration any | 15 | | waste generated
or collected in a municipality that has not | 16 | | implemented a recycling
plan or is party to an implemented | 17 | | county plan, consistent with State goals
and objectives. | 18 | | Such plans shall include provisions for collecting,
| 19 | | recycling or diverting from landfills and municipal | 20 | | incinerators landscape
waste, household hazardous waste | 21 | | and batteries. Such provisions may be
performed at the site | 22 | | of the new municipal incinerator.
| 23 | | The Agency, after careful scrutiny of a permit application | 24 | | for the
construction, development or operation of a new | 25 | | municipal waste incinerator,
shall deny the permit if (i) the | 26 | | Agency finds in the permit application
noncompliance with the |
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| 1 | | laws and rules of the State or (ii) the application
indicates | 2 | | that the mandated air emissions standards will not be reached | 3 | | within
six months of the proposed municipal waste incinerator | 4 | | beginning operation.
| 5 | | (c) The Agency shall adopt specific limitations on the | 6 | | emission of
mercury, chromium, cadmium and lead, and good | 7 | | combustion practices, including
temperature controls from | 8 | | municipal waste incinerators pursuant to Section 9.4
of the | 9 | | Act.
| 10 | | (d) The Agency shall establish household hazardous waste | 11 | | collection
centers in appropriate places in this State. The | 12 | | Agency may operate and
maintain the centers itself or may | 13 | | contract with other parties for that
purpose. The Agency shall | 14 | | ensure that the wastes collected are properly
disposed of. The | 15 | | collection centers may charge fees for their services,
not to | 16 | | exceed the costs incurred. Such collection centers shall not | 17 | | (i) be
regulated as hazardous waste facilities under RCRA nor | 18 | | (ii) be subject to
local siting approval under Section 39.2 if | 19 | | the local governing authority
agrees to waive local siting | 20 | | approval procedures.
| 21 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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