Full Text of SB1617 97th General Assembly
SB1617ham001 97TH GENERAL ASSEMBLY | Rep. Edward J. Acevedo Filed: 11/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 1617
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1617 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Chicago Clean Power Act. | 6 | | Section 10. Findings. The General Assembly finds that: | 7 | | (1) current State and federal air pollution regulations do | 8 | | not adequately address the impacts on human health of air | 9 | | pollution from the coal-fired power plants in Chicago;
| 10 | | (2) the State has a continuing interest in regulating, and | 11 | | the authority to regulate, air pollution emanating from sources | 12 | | located within Chicago if those sources threaten the health of | 13 | | persons residing within the city;
| 14 | | (3) 2 coal-fired power plants operate within the boundaries | 15 | | of Chicago (the
"Fisk" and "Crawford" plants);
| 16 | | (4) combustion of coal emits particulate matter and carbon |
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| 1 | | dioxide;
| 2 | | (5) power plant emissions are one of the primary causes of | 3 | | particulate matter and fine particulate matter air pollution;
| 4 | | (6) emissions from the Fisk and Crawford plants are a | 5 | | source of particulate matter and carbon dioxide in Chicago's | 6 | | atmosphere;
| 7 | | (7) the total atmospheric emissions of particulate matter | 8 | | and carbon dioxide from the Fisk and Crawford plants | 9 | | substantially exceed the emissions from other stationary | 10 | | fossil fuel combustion sources in Chicago;
| 11 | | (8) air pollution, particularly particulate matter, from | 12 | | the Fisk and Crawford
plants degrades the air quality of | 13 | | Chicago, impairs visibility, and adversely affects the public | 14 | | health of the residents of Chicago, contributing to lung | 15 | | cancer, premature deaths, acute and chronic bronchitis, | 16 | | emergency room visits, asthma and other respiratory illnesses, | 17 | | and respiratory and cardiovascular hospital admissions;
| 18 | | (9) these health effects cause lost days of work and | 19 | | school;
| 20 | | (10) particulate matter from coal-fired power plants | 21 | | located within densely populated urban areas, such as Chicago, | 22 | | causes more damage per unit of emissions due to the higher rate | 23 | | of human exposure to emissions;
| 24 | | (11) studies, such as "Particulate-Related Health Impacts | 25 | | of Emissions in 2001 from 41 Major US Power Plants" by Abt | 26 | | Associates in 2002 and "Extended Follow-Up and Spatial Analysis |
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| 1 | | of the American Cancer Society Study Linking Particulate Air | 2 | | Pollution and Mortality" by the Health Effects Institute in | 3 | | 2009, have shown that each 10 microgram per cubic meter | 4 | | increase in the long-term average ambient concentrations of | 5 | | PM 2.5 is associated with a 4% increased risk of death and an 8% | 6 | | increased risk of lung cancer;
| 7 | | (12) studies, such as "Invited Commentary: Particulate | 8 | | Matter-Mortality
Exposure-Response Relations and Threshold" by | 9 | | C. Arden Pope in the American Journal of
Epidemiology in 2000 | 10 | | and "Fine-Particulate Air Pollution and Life Expectancy in the | 11 | | United States" by C. Arden Pope et al. in the New England | 12 | | Journal of Medicine in 2009, have shown that exposure to | 13 | | particulate matter (PM), especially PM 2.5 , contributes to | 14 | | cardiopulmonary disease mortality even at relatively low | 15 | | concentrations;
| 16 | | (13) studies, such as "Invited Commentary: Particulate | 17 | | Matter-Mortality
Exposure-Response Relations and Threshold" by | 18 | | C. Arden Pope in the American Journal of
Epidemiology in 2000, | 19 | | have shown that there is no safe threshold exposure level for | 20 | | PM or PM 2.5 and that there are mortalities and health effects at | 21 | | every level of exposure to PM and PM 2.5 , that increase in direct | 22 | | relation to exposure levels;
| 23 | | (14) studies, such as "Fine-Particulate Air Pollution and | 24 | | Life Expectancy in the
United States" by C. Arden Pope et al. | 25 | | in the New England Journal of Medicine in 2009, have shown that | 26 | | reducing the amount of PM and PM 2.5 in the air increases life |
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| 1 | | expectancy; | 2 | | (15) the residents of Chicago who are most vulnerable to | 3 | | the harmful health effects of air pollution emanating from the | 4 | | Fisk and Crawford plants are among the most economically | 5 | | disadvantaged residents and those least able to pay for medical | 6 | | care; | 7 | | (16) the harmful effects of air pollution from the Fisk and | 8 | | Crawford plants are pronounced in those residents of Chicago | 9 | | most vulnerable to air pollution, including children, senior | 10 | | citizens, and people suffering from lung disease, heart | 11 | | disease, and diabetes; | 12 | | (17) State and federal regulations that control emissions | 13 | | from fossil fuel-fired power plants, as well as other | 14 | | stationary sources, are designed to achieve regional, | 15 | | interstate, and international air quality objectives, taking | 16 | | into account cost and other factors; | 17 | | (18) State and federal regulations contain grandfathering | 18 | | provisions that exempt major sources of air pollution that were | 19 | | constructed prior to the effective date of the regulations from | 20 | | certain air pollution control requirements; | 21 | | (19) the Fisk and Crawford plants have avoided the | 22 | | application of certain State and federal requirements due to | 23 | | the grandfathering provisions; | 24 | | (20) due the age of the Fisk and Crawford plants and the | 25 | | application of the grandfathering provision, the pollution | 26 | | from these facilities is much higher than, and disproportionate |
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| 1 | | to, newer, more modern coal-fired power plants; | 2 | | (21) the human-induced increase in atmospheric greenhouse | 3 | | gas concentrations, of which carbon dioxide is the most | 4 | | significant component, is causing harmful changes to the | 5 | | climate now and will cause significantly more harm in the | 6 | | future if greenhouse gas emissions are not reduced immediately; | 7 | | (22) the United States Environmental Protection Agency in | 8 | | its Proposed Endangerment Findings on Greenhouse Gases, 74 Fed. | 9 | | Reg. 18886 (April 24, 2009), found that the negative effects | 10 | | from this human-induced elevation in the atmospheric | 11 | | concentration of greenhouse gases include: | 12 | | (A) a warming world climate, with the United States | 13 | | expected to warm more than the global average; | 14 | | (B) more frequent, more intense heat waves; | 15 | | (C) droughts; | 16 | | (D) more intense precipitation, including flooding; | 17 | | (E) more intense hurricanes and other storms; | 18 | | (F) damage to water resources; and | 19 | | (G) harm to ecosystems and wildlife; | 20 | | (23) studies, such as "Confronting Climate Change in the | 21 | | U.S. Midwest:
Illinois" by the Union of Concerned Scientists in | 22 | | 2009, have found that if current pollution trends continue, | 23 | | then greenhouse gas emissions will cause the following | 24 | | consequences for Chicago:
| 25 | | (A) hotter summers filled with regular heat waves; | 26 | | (B) worse air and water quality; |
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| 1 | | (C) heavier rains causing more frequent flash | 2 | | flooding; and | 3 | | (D) lower lake levels; | 4 | | (24) the Fourth Assessment Report of the United Nations | 5 | | Intergovernmental Panel on Climate Change has established that | 6 | | hot temperatures and extreme weather will cause increased | 7 | | adverse health impacts from: | 8 | | (A) heat-related mortality; | 9 | | (B) worse air quality; | 10 | | (C) storm-related fatalities and injuries; and | 11 | | (D) infectious diseases; | 12 | | (25) the State must take measures to avoid this irreparable | 13 | | harm to
Chicago's environment and the health of its residents;
| 14 | | (26) electricity generation emits a greater share of carbon | 15 | | dioxide than any other sector of the United States economy, and | 16 | | the generation of electricity from coal emits the most carbon | 17 | | dioxide of any method of electricity generation; | 18 | | (27) State and federal air pollution regulations currently | 19 | | do not adequately address local impacts on human health of | 20 | | particulate matter and carbon dioxide emissions from the Fisk | 21 | | and Crawford plants; | 22 | | (28) reducing the emissions of particulate matter and | 23 | | carbon dioxide from the Fisk and Crawford plants will improve | 24 | | the health and quality of life of the residents of Chicago | 25 | | generally and those living in proximity to the Fisk and | 26 | | Crawford plants in particular; |
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| 1 | | (29) demonstrated technology is available to significantly | 2 | | reduce emissions of particulate matter and carbon dioxide from | 3 | | coal or other high carbon content fuel combustion at power | 4 | | plants, including, but not limited to, the use of natural gas | 5 | | as the primary fuel;
and | 6 | | (30) to address impacts on human health and the environment | 7 | | of particulate matter and carbon dioxide emissions from the | 8 | | Fisk and Crawford plants, the State shall enact this Act, which | 9 | | is modeled after the Chicago Clean Power Ordinance introduced | 10 | | in the Chicago City Council in July 2011. | 11 | | Section 15. Definitions. For the purposes of this Act: | 12 | | "Agency" means the Illinois Environmental Protection | 13 | | Agency established under the Environmental Protection Act. | 14 | | "Approved method" means the following: | 15 | | (1) USEPA Method 202 for condensable PM; and
| 16 | | (2) The following methodologies for filterable PM 2.5 , | 17 | | PM/PM 10 and CO 2 :
| 18 | | (A) that methodology specified in an applicable | 19 | | final air emission permit issued by the Agency for the | 20 | | coal-fired power plant unit for measuring emissions of | 21 | | filterable PM 2.5 , PM/PM 10 , or CO 2 ; or
| 22 | | (B) in the event the Agency has not specified a | 23 | | methodology for one or more of filterable PM 2.5 , | 24 | | PM/PM 10 , or CO 2 , that methodology specified in an | 25 | | applicable final air emission permit issued by the |
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| 1 | | USEPA for the coal-fired power plant unit for measuring | 2 | | those emissions of PM 2.5 , PM/ PM 10 , or CO 2 ; or
| 3 | | (C) in the event neither the Agency nor the USEPA | 4 | | has specified a methodology for one or more of | 5 | | filterable PM 2.5 , PM/ PM 10 , or CO 2 that methodology | 6 | | shall be that specified in the "Compliance Assurance | 7 | | Monitoring" standards promulgated by USEPA, 40 C.F.R. | 8 | | § 64 or the "New Stationary Source" performance | 9 | | standards for Electric Utility Steam Generating Units, | 10 | | Subpart Da, also promulgated by USEPA, 40 C.F.R. § | 11 | | 60.47Da.
| 12 | | "BTU" means British thermal unit, that is, the amount of | 13 | | heat necessary to raise the temperature of one pound of water | 14 | | from 39°F to 40°F.
| 15 | | "CO 2 " means carbon dioxide.
| 16 | | "Coal-fired power plant" means a facility with one or more | 17 | | electric utility steam-generating units that burns coal, coal | 18 | | refuse, or a synthetic gas derived from coal, or any other high | 19 | | carbon content fuel, either exclusively, in any combination | 20 | | together, or in any combination with other fuels in any amount. | 21 | | Provided, neither the producer nor distributor of the electric | 22 | | power output need qualify as a "public utility" as that term is | 23 | | defined in the Public Utilities Act.
| 24 | | "Electric utility steam-generating unit" shall have the | 25 | | same meaning as defined at 40 C.F.R. §60.41Da, and is capable | 26 | | of combusting more than 73 megawatts (250 million BTU per hour) |
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| 1 | | heat input of fossil fuel (either alone or in combination with | 2 | | any other fuel), provided, neither the producer nor distributor | 3 | | of the electric power output need qualify as a "public utility" | 4 | | as that term is defined in Public Utilities Act. | 5 | | "Emission factor" means the average emission rate of a | 6 | | pollutant (i.e., tons of CO 2 ) per a unit of activity (i.e., | 7 | | million BTU of fuel consumed). Emission factors include but are | 8 | | not limited to those set forth in Appendix H of the Energy | 9 | | Information Administration's Instructions for Form EIA-1605 | 10 | | (Nov. 18, 2009) and those set forth in the International Panel | 11 | | on Climate Change's Emission Factor Database. | 12 | | "Facility" means any commercial, industrial, or | 13 | | residential establishment which contains one or more regulated | 14 | | areas or units of regulated equipment. A facility may consist | 15 | | of more than one building or structure where all lots are | 16 | | contiguous and the parts of the facility are functionally | 17 | | related.
| 18 | | "High carbon content fuel" shall include any one or more of | 19 | | the following: (i) any fuel whose emission factor is greater | 20 | | than or equal to 135 pounds of CO 2 per million BTU, (ii) any | 21 | | gaseous, liquid, or solid fuel derived from a fuel whose | 22 | | emission factor is greater than or equal to 135 pounds of CO 2 | 23 | | per million BTU, or (iii) both.
| 24 | | "Owner or operator" shall have the same meaning as defined | 25 | | at 40 C.F.R. § 60.2.
| 26 | | "Particulate matter" means any finely divided solid or |
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| 1 | | liquid material, or condensable substance, other than | 2 | | uncombined water, emitted to the ambient air.
| 3 | | "Person" means an individual, trust, firm, joint stock | 4 | | company, corporation, government corporation, limited | 5 | | liability company, partnership, association, State, | 6 | | municipality, commission, political subdivision of a State, or | 7 | | any interstate body and shall include each department, agency | 8 | | and instrumentality of the United States.
| 9 | | "PM" means particulate matter.
| 10 | | "PM 2.5 " means any particulate matter with an aerodynamic | 11 | | diameter less than or equal to a nominal two and one half | 12 | | micrometers.
| 13 | | "PM 10 " means any particulate matter with an aerodynamic | 14 | | diameter less than or equal to a nominal ten micrometers.
| 15 | | "Responsible official" shall have the same meaning as | 16 | | defined at 40 C.F.R. § 70.2.
| 17 | | "USEPA" means the United States Environmental Protection | 18 | | Agency.
| 19 | | Section 20. Emissions Limits. | 20 | | (a) A coal-fired power plant located within a municipality | 21 | | with a population of 1,000,000 or more inhabitants shall not | 22 | | emit pollutants into the atmosphere in excess of any of the | 23 | | following levels: | 24 | | (1) Within one year after the effective date of this | 25 | | Act, emissions of particulate matter shall not exceed: |
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| 1 | | (A) an emission rate for total PM/PM 10 of 0.015 | 2 | | pounds per million BTU of actual heat input in any one | 3 | | hour period as measured by an approved method; and
| 4 | | (B) an emission rate for PM 2.5 , including | 5 | | filterable and condensable, of 0.010 pounds per | 6 | | million BTU of actual heat input in any one-hour period | 7 | | as measured by an approved method.
| 8 | | (2) Within 3 years after the effective date of this | 9 | | Act, emissions of CO 2 shall not exceed an emission rate of | 10 | | 120.36 pounds per million BTU of actual heat input | 11 | | calculated over a 30-day period.
| 12 | | (b) An owner of 2 or more electric utility steam-generating | 13 | | units at the same coal-fired power plant shall have one | 14 | | additional year to meet the emissions limits contained in | 15 | | subsection (a) of this Section.
| 16 | | (c) All coal-fired power plants located within a | 17 | | municipality with a population of 1,000,000 or more inhabitants | 18 | | are prohibited from complying with the emissions limits | 19 | | contained in this Section by converting from coal as their | 20 | | primary fuel to another high carbon content fossil fuel. | 21 | | Section 25. Compliance plan. Each person who owns or | 22 | | operates a coal-fired power plant within a municipality with a | 23 | | population of 1,000,000 or more inhabitants shall submit to the | 24 | | Agency an initial compliance plan by January 1, 2013 and an | 25 | | updated compliance plan by January 1, 2014 and every January 1 |
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| 1 | | thereafter until January 1, 2017. "Compliance plan", as used in | 2 | | this Section, means a written plan that identifies milestone | 3 | | tasks necessary for the coal-fired power plant to achieve | 4 | | compliance with the emission limitations set forth in Section | 5 | | 20 of this Act and contains, at a minimum, dates for completion | 6 | | of preliminary and final designs, awarding contracts and | 7 | | completion of construction, and installation of pollution | 8 | | control equipment necessary to achieve compliance and plans to | 9 | | assure retention or retraining of any employee whose job may be | 10 | | affected by such compliance. | 11 | | Section 30. Reporting. | 12 | | (a) Each owner or operator of a coal-fired power plant | 13 | | located within a municipality with a population of 1,000,000 or | 14 | | more inhabitants shall submit the following to the Agency:
| 15 | | (1) By February 1 of each year, a written report | 16 | | identifying the name, address, and telephone number of each | 17 | | person who owns or operates the coal-fired power plant and, | 18 | | if such a person is a corporation, its state of | 19 | | incorporation and registered agent;
| 20 | | (2) By February 1 of each year, a written report which | 21 | | calculates, using an approved
method, the emissions of | 22 | | PM 2.5 , PM/PM 10 , and CO 2 from that electric utility | 23 | | steam-generating unit at that coal-fired power plant, | 24 | | measured in pounds per million BTU heat input, for the | 25 | | months of January through December of the preceding year, |
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| 1 | | recalculated monthly;
| 2 | | (3) By the 15th of each month, or, should the 15th fall | 3 | | on a holiday or weekend day, the next business day | 4 | | thereafter, a written report which calculates, using an | 5 | | approved method, the emissions of PM 2.5 , PM/PM 10 , and CO 2 | 6 | | from that electric utility steam-generating unit at each | 7 | | coal-fired power plant, measured in pounds per million BTU | 8 | | heat input, for the preceding month.
| 9 | | (4) Within 10 business days after its submission to | 10 | | USEPA, any report or data pertaining to emissions of PM 2.5 , | 11 | | PM/PM 10 , and CO 2 from the coal-fired power plant, including | 12 | | the results of any stack test, submitted in the same form | 13 | | as submitted to USEPA.
| 14 | | (b) Each of the reports required under subsection (a) of | 15 | | this Section must be signed by a responsible official of the | 16 | | coal-fired power plant and contain a certification by such | 17 | | official, under penalty of law, as to each report's truth, | 18 | | accuracy, and completeness. | 19 | | (c) All reports calculating emissions of PM 2.5 and PM/PM 10 , | 20 | | to be submitted under subsection (a) of this Section shall | 21 | | document downtime or calibration failure of any continuous | 22 | | emission monitoring equipment required to be installed, | 23 | | operated, calibrated and maintained by Subpart L (Continuous | 24 | | Monitoring) of Agency Air Pollution Regulations, 35 Ill. Adm. | 25 | | Code Part 201.
| 26 | | (d) All reports of emissions required to be submitted under |
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| 1 | | this Section shall report emissions as measured by an approved | 2 | | method. | 3 | | (e) Emission reporting requirements under subsection (a) | 4 | | of this Section may be satisfied, in whole or in part, by | 5 | | providing the Agency with an emission report submitted to the | 6 | | Agency or USEPA provided that the submitted report is | 7 | | supplemented as necessary to fully comply with the emission | 8 | | reporting requirements of subsection (a) of this Section.
| 9 | | (f) Any coal-fired power plant that has met the emissions | 10 | | limits of Section 20 of this Act or avoided the applicability | 11 | | of Section 20 of this Act by substituting fuels must submit a | 12 | | written report to the Agency within 30 days after the | 13 | | substitution verifying that the substitute fuel is not a high | 14 | | carbon content fuel. Such a report must be signed by a | 15 | | responsible official of the coal-fired power plant and contain | 16 | | a certification by the official, under penalty of law, as to | 17 | | the report's truth, accuracy and completeness.
| 18 | | Section 35. Enforcement. | 19 | | (a) The Agency shall have the authority to investigate | 20 | | alleged violations of this Act and refer violations to the | 21 | | Attorney General or the State's Attorney of the county in which | 22 | | the violation occurred. Prior to referring the violation to the | 23 | | Attorney General or the State's Attorney of the county in which | 24 | | the violation occurred, the Agency shall serve upon that | 25 | | person, either in person or by certified mail, return receipt |
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| 1 | | requested, a written notice informing that person of any one or | 2 | | more of the following:
| 3 | | (1) the nature and location of the alleged violation of | 4 | | the emissions limits established by Section 20 of this Act, | 5 | | the period over which the calculation of emissions was | 6 | | performed, and the intention to commence an action;
| 7 | | (2) the failure to submit a compliance plan as required | 8 | | by Section 25 of this Act, the date the compliance plan was | 9 | | due, the specific deficiencies with the compliance plans | 10 | | submitted, if any, and the intention to commence an action;
| 11 | | or | 12 | | (3) the failure to submit a report as required by | 13 | | Section 30 of this Act, the date the report was due, the | 14 | | specific deficiencies with the report submitted, if any, | 15 | | and the intention to commence an action.
| 16 | | (b) After receiving notice of a violation from the Agency | 17 | | under subsection (a) of this Section, the Attorney General, or | 18 | | the State's Attorney in the county in which the violation | 19 | | occurred, at the request of the Agency, or on his or her own | 20 | | motion, may bring an action in the name of the People of the | 21 | | State of Illinois to restrain conduct that violates Sections | 22 | | 20, 25, or 30 of this Act, to compel abatement of a violation | 23 | | of Section 20 of this Act, to compel submission of a compliance | 24 | | plan as required under Section 25 of this Act, to compel | 25 | | submission of a report as required by Section 30 of this Act or | 26 | | to take such other action as may be necessary, including the |
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| 1 | | recovery of any applicable penalties and costs.
| 2 | | (c) If the court finds a person liable for a violation of | 3 | | this Act, then the court may award the Attorney General, or the | 4 | | State's Attorney in the county in which the violation occurred, | 5 | | costs of litigation, including reasonable attorney and expert | 6 | | witness fees and costs. This allowance shall be a part of the | 7 | | costs of the litigation assessed against the defendant, and may | 8 | | be recovered as such.
| 9 | | Section 40. Violation of emission limits. | 10 | | (a) A violation of any of the provisions of Section 20 of | 11 | | this Act is considered to be a public nuisance.
| 12 | | (b) Each instance in which a coal-fired power plant emits | 13 | | PM, PM 2.5 , PM 10 , or CO 2 into the atmosphere in excess of the | 14 | | limits in Section 20 of this Act is a violation of this Act. | 15 | | Each one-hour period in which the PM, PM 10 , or PM 2.5 limits of | 16 | | Section 20 of this Act are exceeded is a separate and distinct | 17 | | violation. Each one-day period in which the CO 2 limits of | 18 | | Section 20 of this Act are exceeded is a separate and distinct | 19 | | violation.
| 20 | | (c) Any person found to have violated any of the provisions | 21 | | of Section 20 of this Act shall be liable for a civil penalty | 22 | | of not less than $5,000 and not more than $10,000 for each | 23 | | violation.
| 24 | | Section 45. Applicability. Emissions from a coal-fired |
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| 1 | | power plant which occur prior to the effective date of this | 2 | | amendatory Act of the 97th General Assembly shall not render a | 3 | | person liable under this Act. | 4 | | Section 50. Conflicts with other laws. If there is any | 5 | | conflict between the provisions of this Act and the provisions | 6 | | of any other State or local statute, rule, regulation, or | 7 | | ordinance, the provisions of this Act shall control. | 8 | | Section 55. Existing remedies. This Act does not abrogate | 9 | | or waive any statutory or common law cause of action, | 10 | | administrative remedy, or defense otherwise available to the | 11 | | State and existing before the effective date of this amendatory | 12 | | Act of the 97th General Assembly. | 13 | | Section 60. Rulemaking. The Illinois Environmental | 14 | | Protection Agency may adopt rules necessary to implement this | 15 | | Act. | 16 | | Section 97. Severability. The provisions of this Act are | 17 | | severable under Section 1.31 of the Statute on Statutes.
| 18 | | Section 99. Effective date. This Act takes effect June 1, | 19 | | 2012.".
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