Full Text of HB5410 102nd General Assembly
HB5410ham001 102ND GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 2/9/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5410
| 2 | | AMENDMENT NO. ______. Amend House Bill 5410 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 3.141-5 as follows: | 6 | | (415 ILCS 5/3.141-5 new) | 7 | | Sec. 3.141-5. Power plant demolition transparency and air | 8 | | protection. | 9 | | (a) As used in this Section: | 10 | | "Air quality plan" means the air quality plan established | 11 | | under subsection (j). | 12 | | "Demolition" means any of the following activities | 13 | | conducted in relation to a thermal power plant: | 14 | | (1) The demolition of a smokestack. | 15 | | (2) The demolition of an entire building or structure. | 16 | | (3) The demolition of substantially all of the |
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| 1 | | above-grade portion of a building or structure. | 2 | | (4) The alteration of an existing building to | 3 | | permanently reduce its building area via demolition. | 4 | | "Dust mitigation plan" means the dust mitigation plan | 5 | | required to be included in the air quality plan. | 6 | | "Fugitive dust" means fugitive particulate matter or any | 7 | | particulate matter emitted into the atmosphere other than | 8 | | through a stack, provided that nothing in this definition | 9 | | shall exempt any emission unit from compliance with any | 10 | | provision of 35 Ill. Adm. Code 212 otherwise applicable merely | 11 | | because of the absence of a stack. | 12 | | "Implosion" means the use of explosives for the demolition | 13 | | of buildings or other structures. | 14 | | "Owner or operator" means the owner or operator of a | 15 | | thermal power plant and includes agents, representatives, and | 16 | | any persons acting on behalf of an owner or operator of the | 17 | | thermal power plant. | 18 | | "Particulate emission potential" means the potential for | 19 | | particulates from existing soils at the site to be dispersed | 20 | | by wind or by physical disturbance as determined using the | 21 | | procedures described in subparagraph (C) of paragraph (3) of | 22 | | subsection (j). | 23 | | "Recognized environmental condition" means the presence or | 24 | | likely presence of any hazardous substance or petroleum | 25 | | product on a property under conditions that indicate an | 26 | | existing release, a past release, or a material threat of a |
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| 1 | | release of any hazardous substance or petroleum product into a | 2 | | structure on the property or into the ground, ground water, or | 3 | | surface water of the property. | 4 | | "Sensitive area" means any residentially-zoned or | 5 | | mixed-used property with residential use, a park, a hospital, | 6 | | a clinic, a church, a day-care, or a school. | 7 | | "Site" means real property containing a building or | 8 | | structure to be demolished, and all structures, equipment, and | 9 | | ancillary fixtures thereon, used in or to support the | 10 | | demolition. "Site" includes, but is not limited to, | 11 | | structures, buildings, scales, roadways, parking areas, | 12 | | queuing areas, fences, processing equipment, processing areas, | 13 | | staging or stockpiling areas, and monitoring stations. | 14 | | "Site cleanup plan" means the site cleanup plan required | 15 | | in paragraph (5) of subsection (j). | 16 | | "Thermal power plant" or "plant" means a facility that | 17 | | currently produces or has ever produced electricity using a | 18 | | thermal generation technology. "Thermal power plant" or | 19 | | "plant" includes, at a minimum, generation facilities creating | 20 | | power using coal, gas, or nuclear fuel as inputs. "Thermal | 21 | | power plant" or "plant" does not include buildings that are | 22 | | exclusively administrative or exclusively office buildings. | 23 | | (b) Before an owner or operator may initiate demolition of | 24 | | a thermal power plant via implosion, the owner or operator | 25 | | must satisfy the notification requirements under subsection | 26 | | (c) and obtain an Agency-approved air quality plan as |
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| 1 | | specified under subsection (j). | 2 | | (c) Before an owner or operator may initiate demolition of | 3 | | a thermal power plant via implosion, the owner or operator | 4 | | must notify the public at least 60 days before the anticipated | 5 | | date of the implosion. Notification must be conducted through | 6 | | all of the following activities: | 7 | | (1) Posting notices in both physical and online form | 8 | | in a newspaper of general circulation within 25 miles of | 9 | | where the thermal power plant is located. Where a | 10 | | newspaper is unavailable, the owner or operator may use | 11 | | appropriate broadcast media such as radio or television. | 12 | | (2) Mailing or hand-delivering notices to the Agency | 13 | | and all residents within at least a one-mile radius from | 14 | | the property line of the thermal power plant site; the | 15 | | radius requirement is subject to the discretion of the | 16 | | Agency and may be extended dependent on site-specific | 17 | | characteristics including, but not limited to, surrounding | 18 | | area population density, method of demolition, and | 19 | | pollution constituents associated with the demolition | 20 | | site. | 21 | | (3) Posting the notices on-site and in conspicuous | 22 | | public locations, such as grocery stores, public | 23 | | libraries, schools, municipal buildings, and pharmacies. | 24 | | (4) Establishing and posting on a publicly accessible | 25 | | website that can be visited without providing login | 26 | | credentials and that functions as a repository, all |
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| 1 | | demolition-related communications, notices, and documents | 2 | | as specified in subsection (e). | 3 | | (5) Creating and sending alerts to phone, email, and | 4 | | text lists to announce the public meeting and specific | 5 | | demolition dates. | 6 | | (6) Requesting that the Agency email the notices to | 7 | | the Agency's listserv, created under paragraph (7), for | 8 | | the plant. | 9 | | (7) For each plant subject to this Act, the Agency | 10 | | must create and maintain a listserv. Each listserv must | 11 | | include the email addresses of all interested persons who | 12 | | notify the Agency in writing, either directly through the | 13 | | Agency or indirectly through the owner or operator, of the | 14 | | person's respective email addresses and that the person | 15 | | would like to receive emails of notices concerning the | 16 | | plant. | 17 | | (d) The notice required under subsection (c) must include | 18 | | the following information: | 19 | | (1) The owner or operator's contact information, as | 20 | | well as the business name of each company that will be | 21 | | performing the demolition in whole or in part. | 22 | | (2) The date and time of the scheduled demolition. | 23 | | (3) The portion of the plant that is set for | 24 | | demolition. | 25 | | (4) The amount of demolition debris anticipated, | 26 | | expressed in terms of both weight and volume and |
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| 1 | | categorized according to waste stream if multiple waste | 2 | | streams will result from the demolition, how and where it | 3 | | will be transported, and how and where it will ultimately | 4 | | be disposed of or otherwise repurposed. | 5 | | (5) The date, time, and location of the public meeting | 6 | | required under subsection (g), along with a reference to | 7 | | the statute requiring the public meeting. | 8 | | (6) The address of the publicly accessible website. | 9 | | (7) Instructions for how to join phone, email, or text | 10 | | lists required under paragraph (5) of subsection (c) for | 11 | | future notices, public meetings, and specific demolition | 12 | | dates. | 13 | | (e) The information posted to the website must be made | 14 | | available to the public on the website until 3 years after the | 15 | | demolition ends. The content of the notice shall be available | 16 | | on the home page of the website and the following information | 17 | | must be available through the publicly accessible website: | 18 | | (1) A copy of the notice with identical content. | 19 | | (2) The draft air quality plan and all documentation | 20 | | relied upon in making the air quality plan as described in | 21 | | subsection (j). | 22 | | (3) The date, time, and location of the public meeting | 23 | | required under subsection (g), along with a reference to | 24 | | the statute requiring the public meeting. | 25 | | (4) A description of potential demolition impacts, | 26 | | including, but not limited to, a list of potential |
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| 1 | | contaminants in the demolition debris, broken down by | 2 | | major waste stream if applicable, dates, hours, and | 3 | | decibels of noise anticipated, and dates and hours of road | 4 | | closures anticipated. | 5 | | (5) Information on any applicable permits issued to | 6 | | the plant in relation to the demolition, including | 7 | | county-issued or municipality-issued permits, with express | 8 | | instructions explaining how to access a copy of each | 9 | | permit, or a copy of each of the permits, if available. | 10 | | (6) Whether there are any unlined CCR surface | 11 | | impoundments, as defined in Section 3.143, at or nearby | 12 | | the plant or public water sources or private wells within | 13 | | 2,500 feet of the plant. | 14 | | (7) A detailed description of the preventative | 15 | | measures that will be implemented by the owner or operator | 16 | | to control, mitigate, or prevent from occurring any air, | 17 | | soil, or water pollution during the demolition. | 18 | | (8) When a proposed demolition is located in a | 19 | | community with 10% or more non-English speaking residents, | 20 | | non-English versions of all of the above reflecting local | 21 | | language prevalence. | 22 | | (f) The owner or operator shall submit proof of | 23 | | notification to the Agency. No earlier than one week and no | 24 | | less than 72 hours before the originally scheduled demolition, | 25 | | the owner or operator must advise the phone, email, and text | 26 | | lists required under paragraph (5) of subsection (c) of the |
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| 1 | | upcoming demolition. | 2 | | If there is a change to the date and time of a scheduled | 3 | | demolition, the owner or operator must update the | 4 | | publicly-accessible website required under paragraph (4) of | 5 | | subsection (c) and advise the phone, email, and text lists | 6 | | required under paragraph (5) of subsection (c) that the date | 7 | | is changing within 24 hours of the schedule change and also | 8 | | notice of a new planned date at least 16 hours prior to the new | 9 | | demolition date. | 10 | | (g) At least 30 days after providing notice pursuant to | 11 | | this Section, an owner or operator must hold at least one | 12 | | public meeting within the municipality in which the site is | 13 | | located to discuss the proposed demolition, subject to the | 14 | | following rules: | 15 | | (1) The public meeting must be not more than 5 miles | 16 | | from the site unless a suitable venue is not available | 17 | | within that distance. | 18 | | (2) The public meeting must begin after 5:00 p.m. and | 19 | | be located at a venue that is accessible to persons with | 20 | | disabilities. | 21 | | (3) The owner or operator must provide reasonable | 22 | | accommodations, as defined in paragraph (9) of Section | 23 | | 12111 of the federal Americans with Disabilities Act of | 24 | | 1990, 42 U.S.C. 12111(9), upon request. | 25 | | (h) When a proposed demolition is located in a community | 26 | | with 10% or more non-English speaking residents, the owner or |
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| 1 | | operator must provide translation services during the public | 2 | | meeting required by this Section, if requested at least 72 | 3 | | hours in advance of the public meeting. | 4 | | (i) At the public meeting, the owner or operator must | 5 | | comply with the following: | 6 | | (1) Present the schedule and process for the | 7 | | demolition, which must cover the noise, air quality, | 8 | | environmental, public health, and any other community | 9 | | impacts, such as road closures, expected from the | 10 | | demolition, as well as a summary of the air quality plan, | 11 | | including control equipment and best management practices | 12 | | that will be used to reduce fugitive dust. | 13 | | (2) Include a question and answer portion of the | 14 | | meeting to allow the public to ask questions. | 15 | | (3) Include a public comment portion of the meeting to | 16 | | allow the public to offer comments. | 17 | | (4) Ensure the presence of representatives from the | 18 | | owner or operator or the company that will be performing | 19 | | the demolition in whole or in part. The representative | 20 | | must be qualified and knowledgeable enough to answer the | 21 | | questions posed by the public. | 22 | | (5) The owner and operator shall engage a certified | 23 | | court reporter to be present at the public meeting and | 24 | | transcribe the entirety of the public meeting, including, | 25 | | but not limited to, all statements made by the owner or | 26 | | operator and all public comments offered at the public |
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| 1 | | meeting. | 2 | | (6) The owner or operator shall make the transcript of | 3 | | the public meeting available on the owner or operator's | 4 | | publicly accessible website no later than 14 days after | 5 | | the public meeting. | 6 | | (7) The owner or operator shall create a summary of | 7 | | the public meeting, including issues raised by the public, | 8 | | and respond to all questions in writing no later than 14 | 9 | | days after the meeting. The owner or operator shall post | 10 | | the summary and responses to the owner's or operator's | 11 | | publicly accessible website and advise the phone, email, | 12 | | and text lists when the documentation is available. | 13 | | (8) The public meeting shall be live-streamed in order | 14 | | to allow the public to watch and meaningfully participate | 15 | | in the meeting. The meeting shall also be recorded. The | 16 | | recording shall be made available on the owner's or | 17 | | operator's publicly accessible website. | 18 | | (j) Before an owner or operator may initiate demolition of | 19 | | a thermal power plant via implosion, the owner or operator | 20 | | must establish an air quality plan that is approved by the | 21 | | Agency. The owner or operator shall comply with the provisions | 22 | | of the approved air quality plan. | 23 | | The air quality plan, the transcript of the public meeting | 24 | | required under subsection (g), and the public meeting summary | 25 | | described in paragraph (7) of subsection (i) shall be | 26 | | submitted to the Agency no more than 45 days after the public |
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| 1 | | meeting required under subsection (g). | 2 | | The air quality plan shall include, but is not limited to, | 3 | | the following: | 4 | | (1) An air dispersion modeling study using AERMOD. The | 5 | | study shall simulate dust propagation generated from the | 6 | | implosion under varying wind speeds, wind directions, and | 7 | | weather stability classes, such as unstable, neutral, and | 8 | | stable. The model shall calculate the concentrations of | 9 | | PM10 in the dust plume generated from the impact of the | 10 | | collapsed building or structure with the ground. Its | 11 | | results shall inform the placement of air monitors, as | 12 | | well as the dust mitigation plan and the site cleanup | 13 | | plan, and traffic management plans and the siting of | 14 | | protection and exclusion zones on-site and off-site. The | 15 | | AERMOD model shall produce the following outputs | 16 | | superimposed over aerial or satellite imagery: | 17 | | (A) PM10 concentration contours. | 18 | | (B) PM10 concentration versus time at the source, | 19 | | in the surrounding public way, and at sensitive areas | 20 | | offsite within 1,000 feet of the site. | 21 | | (C) Maximum PM10 concentrations at the areas | 22 | | specified above. | 23 | | (D) Computer generated videos for the estimated | 24 | | dust cloud propagation and dissipation. | 25 | | (2) Air monitoring of the air upwind and downwind at | 26 | | the site, as well the air at sensitive areas within 1,000 |
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| 1 | | feet of the site or within the plume modeled under | 2 | | paragraph (1), whichever distance is greater, for PM10. | 3 | | The monitoring shall be conducted for at least a 24-hour | 4 | | duration one week prior to the implosion, during the | 5 | | implosion, and one week following the implosion, or weekly | 6 | | until air monitoring confirms that the 24-hour PM10 levels | 7 | | are back to normal, pre-implosion levels. PM10 levels | 8 | | shall be considered normal when the measured PM10 levels | 9 | | are within the historic mean, plus or minus the standard | 10 | | deviation, within the last 3 years, unless the Agency has | 11 | | reason to believe that the site is still causing PM10 | 12 | | levels to be elevated. Historic PM10 data shall be based | 13 | | on data collected by the owner or operator from the | 14 | | nearest ambient air quality station operated by the Agency | 15 | | or other data sources approved by the Agency. The air | 16 | | monitoring shall comply with the following: | 17 | | (A) All air monitoring data shall be published on | 18 | | the publicly accessible website within 4 hours after | 19 | | collecting the data. | 20 | | (B) In conjunction with the above PM10 monitoring, | 21 | | air samples shall be collected at all monitored | 22 | | locations for analysis of: lead using NIOSH Method | 23 | | 7300, 7302, or 7303; asbestos fibers using NIOSH | 24 | | Method 7400 or 7402; silica using NIOSH Method 7500 or | 25 | | 7602; respirable particulates using NIOSH Method 0600; | 26 | | and total dust using NIOSH Method 0500. The Agency may |
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| 1 | | approve alternate test methods or require the use of | 2 | | United States Environmental Protection Agency methods, | 3 | | depending on site-specific factors. The Agency may | 4 | | also require the air sampling of any or all hazardous | 5 | | substances or petroleum products for which there is a | 6 | | recognized environmental condition that may be emitted | 7 | | into the air by the implosion. The PM10 monitoring | 8 | | shall be conducted using instruments designated as | 9 | | Federal Equivalent Method (FEM) by the United States | 10 | | Environmental Protection Agency. | 11 | | (C) The air quality plan shall also include | 12 | | operation, according to manufacturer's specifications, | 13 | | of a weather station or other permanent device to | 14 | | monitor and record wind speed and wind direction, | 15 | | along with the corresponding temperature, barometric | 16 | | pressure, and relative humidity at or near the site. | 17 | | Such readings shall be taken at an unobstructed, | 18 | | unsheltered area, unimpacted by the implosion, and at | 19 | | a minimum height of 10 meters above ground level, | 20 | | unless another height is appropriate pursuant to | 21 | | applicable United States Environmental Protection | 22 | | Agency protocols and guidance. | 23 | | (3) A dust mitigation plan that ensures adequate | 24 | | precautions and use of best practices to minimize fugitive | 25 | | dust. The dust mitigation plan shall include, but is not | 26 | | limited to, the following: |
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| 1 | | (A) The following best practices: | 2 | | (i) The thorough sweeping of paved surfaces | 3 | | using a sweeper effective at removing fine | 4 | | particulates. | 5 | | (ii) Adequate wetting of all unpaved areas. | 6 | | The operator shall ensure that surficial soils | 7 | | within the ground impact area and 50% beyond are | 8 | | thoroughly saturated up to a depth of 4 inches, or | 9 | | otherwise treated using methods approved by the | 10 | | Agency, on the day of and within one hour prior to | 11 | | the implosion, or within the closest timeframe | 12 | | allowed by safety protocol. | 13 | | (iii) Employing misting cannons around the | 14 | | building or structure or at strategic locations | 15 | | and elevations determined based on the results of | 16 | | the air dispersion modeling under paragraph (1). | 17 | | (iv) Applying water to debris immediately | 18 | | following blast and safety clearance. | 19 | | (B) Restricting traffic and operations to paved | 20 | | areas or stabilized surfaces. Soils exhibiting a high | 21 | | particulate emission potential shall be fenced off or | 22 | | otherwise demarcated to prevent disturbance, or shall | 23 | | be effectively stabilized, removed, or covered if | 24 | | vehicle traffic or operations will occur over these | 25 | | areas. | 26 | | (C) Evaluation of on-site surficial soil for |
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| 1 | | particulate emission potential, which shall be | 2 | | determined to be high based on its fines content as | 3 | | percent passing No. 200 sieve and optimum moisture | 4 | | content as percent by dry weight as follows: | 5 | | (i) if the fines content is greater than or | 6 | | equal to 15% and the optimum moisture content is | 7 | | greater than or equal to 11%, the particulate | 8 | | emission potential is high; or | 9 | | (ii) if the fines content is greater than 50%, | 10 | | the particulate emission potential is high. | 11 | | The fines content shall be determined using ASTM | 12 | | D1140-17, or updates thereto, while the optimum | 13 | | moisture content shall be measured using ASTM D1557 or | 14 | | AASHTO T180-D, or updates thereto. Alternate methods | 15 | | may be used with prior written approval from the | 16 | | Agency. The results of the investigation shall be | 17 | | depicted on a site map showing the areas of high | 18 | | particulate emission potential of unpaved surfaces at | 19 | | the site. | 20 | | (4) A contingency plan describing the contingency | 21 | | measures to be implemented if the above control measures | 22 | | fail to adequately control dust emissions. In addition, | 23 | | the plan must describe the steps that will be taken to | 24 | | verify that a dust control measure is working and, upon | 25 | | discovery of an inadequacy, the steps that will be taken | 26 | | to initiate a contingency measure. |
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| 1 | | (5) A site cleanup plan to remove dust, debris, and | 2 | | litter from the surrounding impacted area as expeditiously | 3 | | and as safely as possible to minimize disruption to the | 4 | | community. The site cleanup plan shall include, but is not | 5 | | limited to, the following: | 6 | | (A) The use of a street sweeper to clean impacted | 7 | | paved areas. The street sweeper shall be equipped with | 8 | | a waterless dust suppression system comprised of | 9 | | vacuum assist and filtration for pickup and mitigation | 10 | | of potential fugitive fine particulates, and shall be | 11 | | PM10-certified. | 12 | | (B) The cleaning of impacted parkways and private | 13 | | properties, with owner permission. | 14 | | (C) Inspection protocols that ensure that impacted | 15 | | areas, including, but not limited to, public roadways | 16 | | adjacent to residential and public structures and | 17 | | utility lines, are returned to preimplosion | 18 | | conditions. | 19 | | (D) A staffing plan and equipment list necessary | 20 | | to execute the cleanup. | 21 | | (415 ILCS 5/3.141 rep.) | 22 | | Section 10. The Environmental Protection Act is amended by | 23 | | repealing Section 3.141.
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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