Illinois General Assembly - Full Text of HB5198
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Full Text of HB5198  100th General Assembly


Rep. Lawrence Walsh, Jr.

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 5198, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Environmental Protection Act is amended by
6changing Sections 3.535 and 9.4 and by adding Sections 3.201,
73.202, 3.299, 3.336, 3.366, and 3.367 as follows:
8    (415 ILCS 5/3.201 new)
9    Sec. 3.201. Gasification. "Gasification" means a process
10through which nonrecycled feedstocks are heated and converted
11into a fuel-gas mixture in an oxygen-deficient atmosphere and
12the mixture is converted into fuels, including ethanol and
13transportation fuels, chemicals, or other chemical feedstocks.
14"Gasification" is not waste incineration or waste treatment.
15    (415 ILCS 5/3.202 new)



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1    Sec. 3.202. Gasification facility. "Gasification facility"
2means a manufacturing facility that: (1) receives, separates,
3stores and converts post-use polymers and nonrecycled
4feedstocks using gasification; and (2) only receives materials
5that have been source separated off-site at least once before
6being received at the gasification facility. A "gasification
7facility" is not a pollution control facility, a solid waste
8treatment facility, or a solid waste incineration facility.
9    (415 ILCS 5/3.299 new)
10    Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled
11feedstocks" means one or more of the following materials,
12derived from nonrecycled waste, that has been processed so that
13it may be used as feedstock in a gasification facility:
14        (1) post-use polymers; and
15        (2) materials, including, but not limited to,
16    municipal solid waste that contains post-use polymers and
17    other post-industrial waste containing post-use polymers
18    that has been processed into a fuel or feedstock for which
19    the United States Environmental Protection Agency has made
20    a non-waste determination under 40 CFR 241.3(c) or
21    otherwise determined are not wastes or for which the Board
22    has made a non-waste determination.
23    (415 ILCS 5/3.336 new)
24    Sec. 3.336. Post-use polymers. "Post-use polymers" means



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1plastic polymers that: (1) derive from any household,
2industrial, community, commercial, or other sources of
3operations or activities that might otherwise become a waste if
4not recycled or converted to manufacture crude oil, fuels, or
5other raw materials or intermediate or final products using
6pyrolysis or gasification; and (2) are not mixed with solid
7waste, infectious waste, hazardous waste, e-waste, tires, or
8construction demolition debris. "Post-use polymers" may
9contain incidental contaminants or impurities such as paper
10labels or metal rings. "Post-use polymers" are not waste.
11    (415 ILCS 5/3.366 new)
12    Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing
13process through which post-use polymers are heated in the
14absence of oxygen until melted, and thermally decomposed, and
15are then cooled, condensed, and converted to:
16        (1) crude oil, diesel, gasoline, home heating oil, or
17    another fuel;
18        (2) feedstocks;
19        (3) diesel and gasoline blendstocks;
20        (4) chemicals, waxes, or lubricants; or
21        (5) other raw materials or intermediate or final
22    products.
23    "Pyrolysis" is not waste incineration or waste treatment.
24    (415 ILCS 5/3.367 new)



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1    Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means
2a manufacturing facility that: (1) receives, separates,
3stores, and converts post-use polymers using pyrolysis; and (2)
4only receives materials that have been source separated
5off-site at least once before being received at the pyrolysis
6facility. A "pyrolysis facility" is not a pollution control
7facility, a solid waste treatment facility, or a solid waste
8incineration facility.
9    (415 ILCS 5/3.535)  (was 415 ILCS 5/3.53)
10    Sec. 3.535. Waste. "Waste" means any garbage, sludge from
11a waste treatment plant, water supply treatment plant, or air
12pollution control facility or other discarded material,
13including solid, liquid, semi-solid, or contained gaseous
14material resulting from industrial, commercial, mining and
15agricultural operations, and from community activities, but
16does not include solid or dissolved material in domestic
17sewage, or solid or dissolved materials in irrigation return
18flows, or coal combustion by-products as defined in Section
193.135, or post-use polymers or nonrecycled feedstocks
20processed through pyrolysis or gasification, provided that the
21materials have been source separated at least once before being
22received at the pyrolysis or gasification facility, or
23industrial discharges which are point sources subject to
24permits under Section 402 of the Federal Water Pollution
25Control Act, as now or hereafter amended, or source, special



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1nuclear, or by-product materials as defined by the Atomic
2Energy Act of 1954, as amended (68 Stat. 921) or any solid or
3dissolved material from any facility subject to the Federal
4Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87)
5or the rules and regulations thereunder or any law or rule or
6regulation adopted by the State of Illinois pursuant thereto.
7(Source: P.A. 92-574, eff. 6-26-02.)
8    (415 ILCS 5/9.4)  (from Ch. 111 1/2, par. 1009.4)
9    Sec. 9.4. Municipal waste incineration emission standards.
10    (a) The General Assembly finds:
11        (1) That air pollution from municipal waste
12    incineration may constitute a threat to public health,
13    welfare and the environment. The amounts and kinds of
14    pollutants depend on the nature of the waste stream,
15    operating conditions of the incinerator, and the
16    effectiveness of emission controls. Under normal operating
17    conditions, municipal waste incinerators produce
18    pollutants such as organic compounds, metallic compounds
19    and acid gases which may be a threat to public health,
20    welfare and the environment.
21        (2) That a combustion and flue-gas control system,
22    which is properly designed, operated and maintained, can
23    substantially reduce the emissions of organic materials,
24    metallic compounds and acid gases from municipal waste
25    incineration.



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1    (b) It is the purpose of this Section to insure that
2emissions from new municipal waste incineration facilities
3which burn a total of 25 tons or more of municipal waste per
4day are adequately controlled.
5    Such facilities shall be subject to emissions limits and
6operating standards based upon the application of Best
7Available Control Technology, as determined by the Agency, for
8emissions of the following categories of pollutants:
9        (1) particulate matter, sulfur dioxide and nitrogen
10    oxides;
11        (2) acid gases;
12        (3) heavy metals; and
13        (4) organic materials.
14    (c) The Agency shall issue permits, pursuant to Section 39,
15to new municipal waste incineration facilities only if the
16Agency finds that such facilities are designed, constructed and
17operated so as to comply with the requirements prescribed by
18this Section.
19    Prior to adoption of Board regulations under subsection (d)
20of this Section the Agency may issue permits for the
21construction of new municipal waste incineration facilities.
22The Agency determination of Best Available Control Technology
23shall be based upon consideration of the specific pollutants
24named in subsection (d), and emissions of particulate matter,
25sulfur dioxide and nitrogen oxides.
26    Nothing in this Section shall limit the applicability of



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1any other Sections of this Act, or of other standards or
2regulations adopted by the Board, to municipal waste
3incineration facilities. In issuing such permits, the Agency
4may prescribe those conditions necessary to assure continuing
5compliance with the emission limits and operating standards
6determined pursuant to subsection (b); such conditions may
7include the monitoring and reporting of emissions.
8    (d) Within one year after July 1, 1986, the Board shall
9adopt regulations pursuant to Title VII of this Act, which
10define the terms in items (2), (3) and (4) of subsection (b) of
11this Section which are to be used by the Agency in making its
12determination pursuant to this Section. The provisions of
13Section 27(b) of this Act shall not apply to this rulemaking.
14    Such regulations shall be written so that the categories of
15pollutants include, but need not be limited to, the following
16specific pollutants:
17        (1) hydrogen chloride in the definition of acid gases;
18        (2) arsenic, cadmium, mercury, chromium, nickel and
19    lead in the definition of heavy metals; and
20        (3) polychlorinated dibenzo-p-dioxins, polychlorinated
21    dibenzofurans and polynuclear aromatic hydrocarbons in the
22    definition of organic materials.
23    (e) For the purposes of this Section, the term "Best
24Available Control Technology" means an emission limitation
25(including a visible emission standard) based on the maximum
26degree of pollutant reduction which the Agency, on a



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1case-by-case basis, taking into account energy, environmental
2and economic impacts, determines is achievable through the
3application of production processes or available methods,
4systems and techniques, including fuel cleaning or treatment or
5innovative fuel combustion techniques. If the Agency
6determines that technological or economic limitations on the
7application of measurement methodology to a particular class of
8sources would make the imposition of an emission standard not
9feasible, it may instead prescribe a design, equipment, work
10practice or operational standard, or combination thereof, to
11require the application of best available control technology.
12Such standard shall, to the degree possible, set forth the
13emission reduction achievable by implementation of such
14design, equipment, work practice or operation and shall provide
15for compliance by means which achieve equivalent results.
16    (f) "Municipal waste incineration" means the burning of
17municipal waste or fuel derived therefrom in a combustion
18apparatus designed to burn municipal waste that may produce
19electricity or steam as a by-product. A "new municipal waste
20incinerator" is an incinerator initially permitted for
21development or construction after January 1, 1986. As used in
22this Section, "municipal waste" or "municipal waste or fuel
23derived therefrom" do not include: (i) post-use polymers or
24nonrecycled feedstocks that are converted into crude oil or
25refined into fuels or feedstocks using a pyrolysis or
26gasification process; and (ii) non-hazardous secondary



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1material that is excluded from solid waste when used
2legitimately as a fuel or ingredient in a combustion unit in
3accordance with the standards and criteria set forth in 40 CFR
5    (g) The provisions of this Section shall not apply to
6industrial incineration facilities that burn waste generated
7at the same site.
8(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".