Full Text of HB5147 96th General Assembly
HB5147enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning energy facilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| 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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| 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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| 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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| (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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| 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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| that is used for a non-hazardous waste transfer station;
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| (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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| (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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| (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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HB5147 Enrolled |
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| received; and
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| (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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| 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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| 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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HB5147 Enrolled |
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| 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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HB5147 Enrolled |
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| (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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| 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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HB5147 Enrolled |
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| 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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HB5147 Enrolled |
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| 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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HB5147 Enrolled |
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| 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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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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