Public Act 096-1314
 
HB5147 EnrolledLRB096 18562 JDS 33944 b


  
    AN ACT concerning energy facilities.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Environmental Protection Act is amended  by 
changing Section 3.330 and  by adding Section 39.9 as follows:
 
    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
    Sec. 3.330. Pollution control facility. 
    (a) "Pollution control facility" is any waste storage site, 
sanitary
landfill, waste disposal site, waste transfer 
station, waste treatment
facility, or waste incinerator.  This 
includes sewers, sewage treatment
plants, and any other 
facilities owned or operated by sanitary districts
organized 
under the Metropolitan Water Reclamation District Act.
    The following are not pollution control facilities:
        (1) (blank);
        (2) waste storage sites regulated under 40 CFR, Part 
    761.42;
        (3) sites or facilities used by any person conducting a 
    waste storage,
waste treatment, waste disposal, waste 
    transfer or waste incineration
operation, or a combination 
    thereof, for wastes generated by such person's
own 
    activities, when such wastes are stored, treated, disposed 
    of,
transferred or incinerated within the site or facility 
    owned, controlled or
operated by such person, or when such 
    wastes are transported within or
between sites or 
    facilities owned, controlled or operated by such person;
        (4) sites or facilities at which the State is 
    performing removal or
remedial action pursuant to Section 
    22.2 or 55.3;
        (5) abandoned quarries used solely for the disposal of 
    concrete, earth
materials, gravel, or aggregate debris 
    resulting from road construction
activities conducted by a 
    unit of government or construction activities due
to the 
    construction and installation of underground pipes, lines, 
    conduit
or wires off of the premises of a public utility 
    company which are
conducted by a public utility;
        (6) sites or facilities used by any person to 
    specifically conduct a
landscape composting operation;
        (7) regional facilities as defined in the Central 
    Midwest Interstate
Low-Level Radioactive Waste Compact;
        (8) the portion of a site or facility where coal 
    combustion wastes are
stored or disposed of in accordance 
    with subdivision (r)(2) or (r)(3) of
Section 21;
        (9) the portion of a site or facility used for the 
    collection,
storage or processing of waste tires as defined 
    in Title XIV;
        (10) the portion of a site or facility used for 
    treatment of
petroleum contaminated materials by 
    application onto or incorporation into
the soil surface and 
    any portion of that site or facility used for storage
of 
    petroleum contaminated materials before treatment.  Only 
    those categories
of petroleum listed in Section
57.9(a)(3) 
    are exempt under this subdivision (10);
        (11) the portion of a site or facility where used oil 
    is collected or
stored prior to shipment to a recycling or 
    energy recovery facility, provided
that the used oil is 
    generated by households or commercial establishments, and

    the site or facility is a recycling center or a business 
    where oil or gasoline
is sold at retail;
        (11.5) processing sites or facilities that receive 
    only on-specification used oil, as defined in 35 Ill. 
    Admin. Code 739, originating from used oil collectors for 
    processing that is managed under 35 Ill. Admin. Code 739 to 
    produce products for sale to off-site petroleum 
    facilities, if these processing sites or facilities are: 
    (i) located within a home rule unit of local government 
    with a population of at least 30,000 according to the 2000 
    federal census, that home rule unit of local government has 
    been designated as an Urban Round II Empowerment Zone by 
    the United States Department of Housing and Urban 
    Development, and that home rule unit of local government 
    has enacted an ordinance approving the location of the site 
    or facility and provided funding for the site or facility; 
    and (ii) in compliance with all applicable zoning 
    requirements;

        (12) the portion of a site or facility utilizing coal 
    combustion waste
for stabilization and treatment of only 
    waste generated on that site or
facility when used in 
    connection with response actions pursuant to the federal

    Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980,
the federal Resource Conservation 
    and Recovery Act of 1976, or the Illinois
Environmental 
    Protection Act or as authorized by the Agency;
        (13) the portion of a site or facility accepting 
    exclusively general
construction or demolition debris, 
    located in a county with a population over
500,000 as of 
    January 1, 2000, and operated and located in accordance 
    with Section 22.38 of this Act;
        (14) the portion of a site or facility, located within 
    a unit of local government that has enacted local zoning 
    requirements, used to accept, separate, and process 
    uncontaminated broken concrete, with or without protruding 
    metal bars, provided that the uncontaminated broken 
    concrete and metal bars are not speculatively accumulated, 
    are  at the site or facility no longer than one year after 
    their acceptance, and are returned to the economic 
    mainstream in the form of raw materials or products;
        (15) the portion of a site or facility located in a 
    county with a population over 3,000,000 that has obtained 
    local siting approval under Section 39.2 of this Act for a 
    municipal waste incinerator on or before July 1, 2005 and 
    that is used for a non-hazardous waste transfer station;

        (16) a site or facility that temporarily holds in 
    transit for 10 days or less, non-petruscible solid waste in 
    original containers, no larger in capacity than 500 
    gallons, provided that such waste is further transferred to 
    a recycling, disposal, treatment, or storage facility on a 
    non-contiguous site and provided such site or facility 
    complies with the applicable 10-day transfer requirements 
    of the federal Resource Conservation and Recovery Act of 
    1976 and United States Department of Transportation 
    hazardous material requirements.  For purposes of this 
    Section only, "non-petruscible solid waste" means waste 
    other than municipal garbage that does not rot or become 
    putrid,  including, but not limited to, paints, solvent, 
    filters, and absorbents;

        (17)
 the portion of a site or facility located in a 
    county with a population greater than 3,000,000 that has 
    obtained local siting approval, under Section 39.2 of this 
    Act, for a municipal waste incinerator on or before July 1, 
    2005 and that is used for wood combustion facilities for 
    energy recovery that accept and burn only wood material, as 
    included in a fuel specification approved by the Agency;

        (18)
 a transfer station used exclusively for landscape 
    waste, including a transfer station where landscape waste 
    is ground to reduce its volume, where the landscape waste 
    is held no longer than 24 hours from the time it was 
    received; and

        (19) the portion of a site or facility that (i) is used 
    for the composting of food scrap, livestock waste, crop 
    residue, uncontaminated wood waste, or paper waste, 
    including, but not limited to, corrugated paper or 
    cardboard, and (ii) meets all of the following 
    requirements:
            (A) There must not be more than a total of 30,000 
        cubic yards of livestock waste in raw form or in the 
        process of being composted at the site or facility at 
        any one time.
            (B) All food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, and paper waste must, by the 
        end of each operating day, be processed and placed into 
        an enclosed vessel in which air flow and temperature 
        are controlled, or all of the following additional 
        requirements must be met:
                (i) The portion of the site or facility used 
            for the composting operation must include a 
            setback of at least 200 feet from the nearest 
            potable water supply well.
                (ii) The portion of the site or facility used 
            for the composting operation must be located 
            outside the boundary of the 10-year floodplain or 
            floodproofed.
                (iii) The portion of the site or facility used 
            for the composting operation must be located at 
            least one-eighth of a mile from the nearest 
            residence, other than a residence located on the 
            same property as the site or facility.
                (iv) The portion of the site or facility used 
            for the composting operation must be located at 
            least one-eighth of a mile from the property line 
            of all of the following areas:
                    (I) Facilities that primarily serve to 
                house or treat people that are 
                immunocompromised or immunosuppressed, such as 
                cancer or AIDS patients; people with asthma, 
                cystic fibrosis, or bioaerosol allergies; or 
                children under the age of one year.
                    (II) Primary and secondary schools and 
                adjacent areas that the schools use for 
                recreation.
                    (III) Any facility for child care licensed 
                under Section 3 of the Child Care Act of 1969; 
                preschools; and adjacent areas that the 
                facilities or preschools use for recreation.
                (v) By the end of each operating day, all food 
            scrap, livestock waste, crop residue, 
            uncontaminated wood waste, and paper waste must be 
            (i) processed into windrows or other piles and (ii) 
            covered in a manner that prevents scavenging by 
            birds and animals and that prevents other 
            nuisances.
            (C) Food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, paper waste, and compost 
        must not be placed within 5 feet of the water table.
            (D) The site or facility must meet all of the 
        requirements of the Wild and Scenic Rivers Act (16 
        U.S.C. 1271 et seq.).
            (E) The site or facility must not (i) restrict the 
        flow of a 100-year flood, (ii) result in washout of 
        food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, or paper waste from a 
        100-year flood, or (iii) reduce the temporary water 
        storage capacity of the 100-year floodplain, unless 
        measures are undertaken to provide alternative storage 
        capacity, such as by providing lagoons, holding tanks, 
        or drainage around structures at the facility.
            (F) The site or facility must not be located in any 
        area where it may pose a threat of harm or destruction 
        to the features for which:
                (i) an irreplaceable historic or 
            archaeological site has been listed under the 
            National Historic Preservation Act (16 U.S.C. 470 
            et seq.) or the Illinois Historic Preservation 
            Act;
                (ii) a natural landmark has been designated by 
            the National Park Service or the Illinois State 
            Historic Preservation Office; or
                (iii) a natural area has been designated as a 
            Dedicated Illinois Nature Preserve under the 
            Illinois Natural Areas Preservation Act.
            (G) The site or facility must not be located in an 
        area where it may jeopardize the continued existence of 
        any designated endangered species, result in the 
        destruction or adverse modification of the critical 
        habitat for such species, or cause or contribute to the 
        taking of any endangered or threatened species of 
        plant, fish, or wildlife listed under the Endangered 
        Species Act (16 U.S.C. 1531 et seq.) or the Illinois 
        Endangered Species Protection Act; and . 
        (20) the portion of a site or facility that is located 
    entirely within a home rule unit having a population of no 
    less than 120,000 and no more than 135,000, according to 
    the 2000 federal census, and  that meets all of the 
    following requirements:
                (i) the portion of the site or facility is used 
            exclusively to perform testing of a thermochemical 
            conversion technology using only woody biomass, 
            collected as landscape waste within the boundaries 
            of the home rule unit, as the hydrocarbon feedstock 
            for the production of synthetic gas in accordance 
            with Section 39.9 of this Act;
                (ii) the portion of the site or facility is in 
            compliance with all applicable zoning 
            requirements; and
                (iii) a complete application for a 
            demonstration permit at the portion of the site or 
            facility has been submitted to the Agency in 
            accordance with Section 39.9 of this Act within one 
            year after the effective date of this amendatory 
            Act of the 96th General Assembly. 
    (b) A new pollution control facility is:
        (1) a pollution control facility initially permitted 
    for development or
construction after July 1, 1981; or
        (2) the area of expansion beyond the boundary of a 
    currently permitted
pollution control facility; or
        (3) a permitted pollution  control facility requesting 
    approval to
store, dispose of, transfer or incinerate, for 
    the first time, any special
or hazardous waste.
(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 
95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 
8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; revised 
10-1-09.)
 
    (415 ILCS 5/39.9 new)
    Sec. 39.9. Thermochemical conversion technology 
demonstration permit.
    (a) The purpose of this Section is to provide for the 
permitting and testing of thermochemical conversion technology 
("TCT") on a pilot-scale basis.
    (b) For purposes of this Section:
    "Thermochemical conversion" means the application of heat 
to woody biomass, collected as landscape waste within the 
boundaries of the host unit of local government, in order to 
convert that material to a synthetic gas ("syngas") that can be 
processed for use as a fuel for the production of electricity 
and process heat, for the production of ethanol or hydrogen to 
be used as transportation fuel, or for both of those purposes.  
To qualify as thermochemical conversion, the thermochemical 
conversion technology must not continuously operate at 
temperatures exceeding an hourly average of 2,000°F, must 
operate at or near atmospheric pressure with no intentional or 
forced addition of air or oxygen, must use electricity for the 
source of heat, and must be designed to produce more energy 
than it consumes.
    "Thermochemical conversion technology demonstration 
permit" or "TCTDP" means a demonstration permit issued by the 
Agency's Bureau of Air Permit Section under this Section.  The 
TCT will be considered a process emission unit.
    "Thermochemical conversion technology processing facility" 
means a facility constructed and operated for the purpose of 
conducting thermochemical conversion under this Section.
    "Woody biomass" means the fibrous cellular substance 
consisting largely of cellulose, hemicellulose, and lignin 
from trees and shrubs collected as landscape waste.  "Woody 
biomass" also includes bark and leaves from trees and shrubs, 
but does not include other wastes or foreign materials.
    (c) The Agency may, under the authority of subsection (b) 
of Section 9 and subsection (a) of Section 39 of the Act, issue 
a TCTDP to an applicant for field testing of a thermochemical 
conversion technology processing facility to demonstrate that 
the thermochemical conversion technology can reliably produce 
syngas that can be processed for use as a fuel for the 
production of electricity and process heat, for the production 
of ethanol or hydrogen to be used as transportation fuel, or 
for both purposes.  The TCTDP shall be subject to the following 
conditions:
        (1) The application for a TCTDP must demonstrate that 
    the thermochemical conversion technology processing 
    facility is not a major source of air pollutants but is 
    eligible for an air permit issued pursuant to 35 Ill. Adm. 
    Code 201.169.  The application must demonstrate that the 
    potential to emit   carbon monoxide (CO), sulfur dioxide 
    (SO2), nitrogen oxides (NOx), and particulate matter (PM, 
    PM10) individually for each pollutant does not exceed 79.9 
    tons per year; that the potential to emit volatile organic 
    material (VOM) does not exceed 24.9 tons per year;  that the 
    potential to emit individual hazardous air pollutants 
    (HAPs) does not exceed 7.9 tons per year; and that the 
    potential to emit combined total HAPs does not exceed 19.9 
    tons per year.
        (2) The applicant for a TCTDP must perform emissions 
    testing during the permit period, as required by the 
    Agency, and submit the results of that testing to the 
    Agency, as specified in the TCTDP, within 60 days after the 
    completion of testing.
        (3) During the permit period the applicant for a TCTDP 
    may not convert more than 4 tons per day of woody biomass 
    in the thermochemical conversion technology processing 
    facility.
        (4) The applicant for a TCTDP must demonstrate that the 
    proposed project meets the criteria defining 
    thermochemical conversion in subsection (b) of this 
    Section.
        (5) The applicant for a TCTDP must submit application 
    fees in accordance with subsection (c) of Section 9.12 of 
    this Act, excluding the fees under subparagraph (B) of 
    paragraph (2) of subsection (c) of that Section.
        (6) A complete application for a TCTDP must be filed in 
    accordance with this Section and submitted to the Agency 
    within one year after the effective date of this amendatory 
    Act of the 96th General Assembly.
        (7) In addition to the TCTDP, the applicant for a TCTDP 
    must obtain applicable water pollution control permits 
    before constructing or operating the thermochemical 
    conversion technology processing facility and applicable 
    waste management permits before the facility receives 
    woody biomass collected as landscape waste.  In addition to 
    authorizing receipt and treatment by thermochemical 
    conversion of woody biomass, waste management permits may 
    authorize, and establish limits for, storage and 
    pre-processing of woody biomass for the exclusive use of 
    the thermochemical conversion technology processing 
    facility.  Woody biomass received at the facility and all 
    mineral ash and other residuals from the thermochemical 
    conversion process must be managed in accordance with 
    applicable provisions of this Act and rules and permit 
    conditions adopted under the authority of this Act.  The 
    facility must be closed in accordance with applicable 
    permit conditions. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.