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 2,000F, 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.

Effective Date: 7/27/2010