Full Text of HB1391 98th General Assembly
HB1391sam001 98TH GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 5/10/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1391
| 2 | | AMENDMENT NO. ______. Amend House Bill 1391 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 9.4, 22.16b, and 39.8 as follows:
| 6 | | (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
| 7 | | Sec. 9.4. Municipal waste incineration emission standards.
| 8 | | (a) The General Assembly finds:
| 9 | | (1) That air pollution from municipal waste | 10 | | incineration may constitute
a threat to public health, | 11 | | welfare and the environment. The amounts and
kinds of | 12 | | pollutants depend on the nature of the waste stream, | 13 | | operating
conditions of the incinerator, and the | 14 | | effectiveness of emission controls.
Under normal operating | 15 | | conditions, municipal waste incinerators produce
| 16 | | pollutants such as organic compounds, metallic compounds |
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| 1 | | and acid gases
which may be a threat to public health, | 2 | | welfare and the environment.
| 3 | | (2) That a combustion and flue-gas control system, | 4 | | which is properly
designed, operated and maintained, can | 5 | | substantially reduce the emissions
of organic materials, | 6 | | metallic compounds and acid gases from municipal
waste | 7 | | incineration.
| 8 | | (b) It is the purpose of this Section to insure that | 9 | | emissions from new
municipal waste incineration facilities | 10 | | which burn a total of 25 tons or
more of municipal waste per | 11 | | day are adequately controlled.
| 12 | | Such facilities shall be subject to emissions limits and | 13 | | operating
standards based upon the application of Best | 14 | | Available Control Technology,
as determined by the Agency, for | 15 | | emissions of the following categories of
pollutants:
| 16 | | (1) particulate matter, sulfur dioxide and nitrogen | 17 | | oxides;
| 18 | | (2) acid gases;
| 19 | | (3) heavy metals; and
| 20 | | (4) organic materials.
| 21 | | (c) The Agency shall issue permits, pursuant to Section 39, | 22 | | to new
municipal waste incineration facilities only if the | 23 | | Agency finds that such
facilities are designed, constructed and | 24 | | operated so as to comply with the
requirements prescribed by | 25 | | this Section.
| 26 | | Prior to adoption of Board regulations under subsection (d) |
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| 1 | | of this
Section the Agency may issue permits for the | 2 | | construction of new municipal
waste incineration facilities. | 3 | | The Agency determination of Best Available
Control Technology | 4 | | shall be based upon consideration of the specific
pollutants | 5 | | named in subsection (d), and emissions of particulate matter,
| 6 | | sulfur dioxide and nitrogen oxides.
| 7 | | Nothing in this Section shall limit
the applicability of | 8 | | any other Sections of this Act, or of other standards
or | 9 | | regulations adopted by the Board, to municipal waste | 10 | | incineration
facilities. In issuing such permits, the Agency | 11 | | may prescribe those
conditions necessary to assure continuing | 12 | | compliance with the emission
limits and operating standards | 13 | | determined pursuant to subsection (b); such
conditions may | 14 | | include the monitoring and reporting of emissions.
| 15 | | (d) Within one year after July 1, 1986, the Board shall | 16 | | adopt regulations pursuant to Title
VII of this Act, which | 17 | | define the terms in items (2), (3) and (4) of subsection
(b) of | 18 | | this Section which are to be used by the Agency in making its
| 19 | | determination pursuant to this Section. The provisions of | 20 | | Section 27(b) of
this Act shall not apply to this rulemaking.
| 21 | | Such regulations shall be written so that the categories of | 22 | | pollutants
include, but need not be limited to, the following | 23 | | specific pollutants:
| 24 | | (1) hydrogen chloride in the definition of acid gases;
| 25 | | (2) arsenic, cadmium, mercury, chromium, nickel and | 26 | | lead in the
definition of heavy metals; and
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| 1 | | (3) polychlorinated dibenzo-p-dioxins, polychlorinated | 2 | | dibenzofurans and
polynuclear aromatic hydrocarbons in the | 3 | | definition of organic materials.
| 4 | | (e) For the purposes of this Section, the term "Best | 5 | | Available Control
Technology" means an emission limitation
| 6 | | (including a visible emission standard) based on the maximum | 7 | | degree of
pollutant reduction which the Agency, on a | 8 | | case-by-case basis, taking into
account energy, environmental | 9 | | and economic impacts, determines is
achievable through the | 10 | | application of production processes or available
methods, | 11 | | systems and techniques, including fuel cleaning or treatment or
| 12 | | innovative fuel combustion techniques. If the Agency | 13 | | determines that
technological or economic limitations on the | 14 | | application of measurement
methodology to a particular class of | 15 | | sources would make the imposition of
an emission standard not | 16 | | feasible, it may instead prescribe a design,
equipment, work | 17 | | practice or operational standard, or combination thereof,
to | 18 | | require the application of best available control technology. | 19 | | Such standard
shall, to the degree possible, set forth the | 20 | | emission reduction achievable by
implementation of such | 21 | | design, equipment, work practice or operation and
shall provide | 22 | | for compliance by means which achieve equivalent results.
| 23 | | (f) "Municipal waste incineration" means the burning of | 24 | | municipal waste
or fuel derived therefrom in a combustion | 25 | | apparatus designed to burn
municipal waste that may produce | 26 | | electricity or steam as a by-product. A
"new municipal waste |
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| 1 | | incinerator" is an incinerator initially permitted for
| 2 | | development or construction after January 1, 1986. "New | 3 | | municipal waste incinerator" includes, without limitation, any | 4 | | plasma arc incinerator, as that term is defined in 40 C.F.R. | 5 | | 260.10.
| 6 | | (g) The provisions of this Section shall not apply to | 7 | | industrial
incineration facilities that burn waste generated | 8 | | at the same site.
| 9 | | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
| 10 | | (415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
| 11 | | Sec. 22.16b. Municipal waste incinerators. | 12 | | (a) Beginning January 1, 1991, the Agency shall assess and
| 13 | | collect a fee from the owner or operator of each new municipal | 14 | | waste
incinerator. The fee shall be calculated by applying the | 15 | | rates established
from time to time for the disposal of solid | 16 | | waste at sanitary landfills
under subdivision (b)(1) of Section | 17 | | 22.15 to the total amount of municipal
waste accepted for | 18 | | incineration at the new municipal waste incinerator.
The | 19 | | exemptions provided by this Act to the fees imposed under | 20 | | subsection
(b) of Section 22.15 shall not apply to the fee | 21 | | imposed by this Section.
| 22 | | The owner or operator of any new municipal waste | 23 | | incinerator permitted
after January 1, 1990, but before July 1, | 24 | | 1990 by the Agency for the
development or operation of a new | 25 | | municipal waste incinerator shall be exempt
from this fee, but |
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| 1 | | shall include the following conditions:
| 2 | | (1) The owner or operator shall provide information | 3 | | programs to those
communities serviced by the owner or | 4 | | operator concerning recycling and
separation of waste not | 5 | | suitable for incineration.
| 6 | | (2) The owner or operator shall provide information | 7 | | programs to those
communities serviced by the owner or | 8 | | operator concerning the Agency's
household hazardous waste | 9 | | collection program and participation in that program.
| 10 | | For the purposes of this Section, "new municipal waste | 11 | | incinerator" means
a municipal waste incinerator initially | 12 | | permitted for development or
construction on or after January | 13 | | 1, 1990. "New municipal waste incinerator" includes, without | 14 | | limitation, any plasma arc incinerator, as that term is defined | 15 | | in 40 C.F.R. 260.10.
| 16 | | Amounts collected under this subsection shall be deposited | 17 | | into the
Municipal Waste Incinerator Tax Fund, which is hereby | 18 | | established as an
interest-bearing special fund in the State | 19 | | Treasury. Monies in the Fund
may be used, subject to | 20 | | appropriation:
| 21 | | (1) by the Department of Commerce and Economic | 22 | | Opportunity to fund its
public information programs on
| 23 | | recycling in those communities served by new municipal | 24 | | waste incinerators; and
| 25 | | (2) by the Agency to fund its household hazardous waste | 26 | | collection
activities in those communities served by new |
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| 1 | | municipal waste incinerators.
| 2 | | (b) Any permit issued by the Agency for the development or | 3 | | operation of
a new municipal waste incinerator shall include | 4 | | the following conditions:
| 5 | | (1) The incinerator must be designed to provide | 6 | | continuous monitoring
while in operation, with direct | 7 | | transmission of the resultant data to the
Agency, until the | 8 | | Agency determines the best available control technology
| 9 | | for monitoring the data. The Agency shall establish the
| 10 | | test methods, procedures and averaging periods, as | 11 | | certified by the USEPA
for solid waste incinerator units, | 12 | | and the form and frequency of reports
containing results of | 13 | | the monitoring. Compliance and enforcement shall be
based | 14 | | on such reports. Copies of the results of such
monitoring | 15 | | shall be maintained on file at the facility concerned for | 16 | | one
year, and copies shall be made available for inspection | 17 | | and copying by
interested members of the public during | 18 | | business hours.
| 19 | | (2) The facility shall comply with the emission limits | 20 | | adopted by the
Agency under subsection (c).
| 21 | | (3) The operator of the facility shall take reasonable | 22 | | measures to
ensure that waste accepted for incineration | 23 | | complies with all legal
requirements for incineration. The | 24 | | incinerator operator shall establish
contractual | 25 | | requirements or other notification and inspection | 26 | | procedures
sufficient to assure compliance with this |
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| 1 | | subsection (b)(3) which may
include, but not be limited to, | 2 | | routine inspections of waste, lists of
acceptable and | 3 | | unacceptable waste provided to haulers and notification to | 4 | | the
Agency when the facility operator rejects and sends | 5 | | loads away. The
notification shall contain at least the | 6 | | name of the hauler and the site
from where the load was | 7 | | hauled.
| 8 | | (4) The operator may not accept for incineration any | 9 | | waste generated
or collected in a municipality that has not | 10 | | implemented a recycling
plan or is party to an implemented | 11 | | county plan, consistent with State goals
and objectives. | 12 | | Such plans shall include provisions for collecting,
| 13 | | recycling or diverting from landfills and municipal | 14 | | incinerators landscape
waste, household hazardous waste | 15 | | and batteries. Such provisions may be
performed at the site | 16 | | of the new municipal incinerator.
| 17 | | The Agency, after careful scrutiny of a permit application | 18 | | for the
construction, development or operation of a new | 19 | | municipal waste incinerator,
shall deny the permit if (i) the | 20 | | Agency finds in the permit application
noncompliance with the | 21 | | laws and rules of the State , or (ii) the application
indicates | 22 | | that the mandated air emissions standards will not be reached | 23 | | within
six months of the proposed municipal waste incinerator | 24 | | beginning operation , or (iii) the incinerator is located, or is | 25 | | to be located, less than one and three-quarter miles from a | 26 | | school or day care center in a county with at least 700,000, |
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| 1 | | but not more than 900,000, inhabitants .
| 2 | | Beginning on the effective date of this amendatory Act of | 3 | | the 98th General Assembly, the Agency shall deny any | 4 | | application for the renewal or amendment of a permit for the
| 5 | | construction, development, or operation of a new municipal | 6 | | waste incinerator, or any other municipal waste incinerator, if | 7 | | the incinerator is located, or is to be located, less than one | 8 | | and three-quarter miles from a school or day care center in a | 9 | | county with at least 700,000, but not more than 900,000, | 10 | | inhabitants. | 11 | | (c) The Agency shall adopt specific limitations on the | 12 | | emission of
mercury, chromium, cadmium and lead, and good | 13 | | combustion practices, including
temperature controls from | 14 | | municipal waste incinerators pursuant to Section 9.4
of the | 15 | | Act.
| 16 | | (d) The Agency shall establish household hazardous waste | 17 | | collection
centers in appropriate places in this State. The | 18 | | Agency may operate and
maintain the centers itself or may | 19 | | contract with other parties for that
purpose. The Agency shall | 20 | | ensure that the wastes collected are properly
disposed of. The | 21 | | collection centers may charge fees for their services,
not to | 22 | | exceed the costs incurred. Such collection centers shall not | 23 | | (i) be
regulated as hazardous waste facilities under RCRA nor | 24 | | (ii) be subject to
local siting approval under Section 39.2 if | 25 | | the local governing authority
agrees to waive local siting | 26 | | approval procedures.
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| 1 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 2 | | (415 ILCS 5/39.8) | 3 | | Sec. 39.8. Gasification conversion technology | 4 | | demonstration permit. | 5 | | (a) The purpose of this Section is to provide for the | 6 | | permitting and limited testing of gasification conversion | 7 | | technologies on a pilot scale basis. | 8 | | (b) For purposes of this Section: | 9 | | "Gasification conversion technology" or "GCT" means | 10 | | the process of applying heat to municipal waste, chicken | 11 | | litter, distillers grain, or switchgrass in order to | 12 | | convert these materials into a synthetic gas ("syngas") | 13 | | that meets specifications for use as a fuel for the | 14 | | generation of electricity. To qualify as a GCT, the process | 15 | | must not continuously operate at temperatures exceeding an | 16 | | hourly average of 1,400 degrees Fahrenheit in the gasifier | 17 | | unit, must not use fossil fuels in the gasifier unit, and | 18 | | must be designed to produce more energy than it consumes. | 19 | | "GCTDP" means a gasification conversion technology | 20 | | demonstration permit issued by the Agency under this | 21 | | Section. | 22 | | (c) The Agency may, under the authority of subsection (b) | 23 | | of Section 9 and subsection (a) of Section 39 of the Act, issue | 24 | | a GCTDP to an applicant for limited field testing of a GCT in | 25 | | order to demonstrate that the GCT can reliably produce syngas |
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| 1 | | meeting specifications for its use as fuel for the generation | 2 | | of electricity. The GCTDP shall be subject to all of the | 3 | | following conditions: | 4 | | (1) The GCTDP shall be for a period not to exceed 180 | 5 | | consecutive calendar days from the date of issuance of the | 6 | | permit. | 7 | | (2) The applicant for a GCTDP must demonstrate that, | 8 | | during the permit period, the GCT will not emit more than | 9 | | 500 pounds, in the aggregate, of particulate matter, sulfur | 10 | | dioxide, organic materials, hydrogen chloride, and heavy | 11 | | metals. | 12 | | (3) The applicant for a GCTDP must perform emissions | 13 | | testing during the permit period, as required by the | 14 | | Agency, and submit the results of that testing to the | 15 | | Agency as specified in the GCTDP within 60 days after the | 16 | | completion of testing. | 17 | | (4) During the permit period the applicant may not | 18 | | process more than 10 tons per day, in the aggregate, of | 19 | | materials in the gasification process. The applicant may | 20 | | not store on site more than 10 tons, in the aggregate, of | 21 | | waste and other materials of the types set forth in | 22 | | subsection (b) of this Section. | 23 | | (5) In addition to the GCTDP, the applicant must obtain | 24 | | applicable waste management permits in accordance with | 25 | | subsection (d) of Section 21 and subsection (a) of Section | 26 | | 39 before receiving waste at the facility. All waste |
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| 1 | | received at the facility must be managed in accordance with | 2 | | the Act, the waste management permits, and applicable | 3 | | regulations adopted pursuant to Section 22 of the Act. | 4 | | (6) The applicant must demonstrate that the proposed | 5 | | project meets the criteria defining a GCT in subsection (b) | 6 | | of this Section. | 7 | | (7) The applicant for a GCTDP shall submit application | 8 | | fees in accordance with subsection (c) of Section 9.12 of | 9 | | the Act, excluding the fees under subparagraph (B) of | 10 | | paragraph (2) of subsection (c) of that Section. | 11 | | (8) A complete application for a GCTDP must be filed in | 12 | | accordance with this Section and submitted to the Agency | 13 | | prior to one year from the effective date of this | 14 | | amendatory Act of the 96th General Assembly. | 15 | | (9) The GCTDP shall not be granted for use in a | 16 | | nonattainment area.
| 17 | | (10) The GCTDP shall not be granted if any portion of | 18 | | the site upon which the GCT is located is less than one and | 19 | | three-quarter miles from a school or day care center in a | 20 | | county with at least 700,000, but not more than 900,000, | 21 | | inhabitants. | 22 | | (Source: P.A. 96-887, eff. 4-9-10.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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