103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3393

 

Introduced 2/8/2024, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.40b new

    Amends the Environmental Protection Act. Requires an owner or operator of an active municipal solid waste landfill with than 200,000 or more tons of waste in place to submit an annual waste-in-place report to the Environmental Protection Agency until the active municipal solid waste landfill has 450,000 or more tons of waste in place or the Agency issues a certificate of closure to the site. Requires an owner or operator of an active municipal solid waste landfill having 200,000 or more tons of waste in place or a closed municipal solid waste landfill having 400,000 or more tons of waste in place to calculate the methane generation rate and submit a methane generation rate report to the Agency. Sets forth actions an owner or operator of a municipal solid waste landfill must take if there is a calculated methane generation rate that is greater than or equal to 664 metric tons. Requires an owner or operator of a municipal solid waste landfill to conduct a source test for any gas control device using certain test methods. Provides that no location on a municipal solid waste landfill surface may exceed specified methane concentration limits. Establishes the methods that must be used for measurements and tests. Sets forth penalties for violations of the provisions. Allows the Agency to adopt rules to implement the provisions. Makes other changes.


LRB103 36385 LNS 66486 b

 

 

A BILL FOR

 

SB3393LRB103 36385 LNS 66486 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Section 22.40b as follows:
 
6    (415 ILCS 5/22.40b new)
7    Sec. 22.40b. Methane emissions; landfills.
8    (a) In this Section:
9    "Active municipal solid waste landfill" means a municipal
10solid waste landfill that has accepted or is accepting solid
11waste for disposal and has not been closed in accordance with
12the requirements set forth in Sections 22.17 and 22.19b.
13    "Advanced methane monitoring technology" means technology
14that can detect methane emissions at landfills, including, but
15not limited to, technologies such as drones, mobile ground
16vehicles, continuous emissions monitoring systems, and
17satellite technologies that measure surface methane at
18landfills.
19    "Agency" means the Environmental Protection Agency.
20    "Closed municipal solid waste landfill" means a municipal
21solid waste landfill that no longer accepts solid waste for
22disposal and has been closed in accordance with the
23post-closure requirements set forth in Sections 22.17 and

 

 

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122.19b.
2    "Emission" means a release of an air contaminant into the
3ambient air.
4    "Gas collection system" means a system that employs
5various gas collection wells, connected piping, mechanical
6blowers, fans, pumps, or compressors to create a pressure
7gradient and that actively extracts landfill gas.
8    "Gas control device" means a device used to dispose of or
9treat collected landfill gas, including, but not limited to,
10enclosed flares, internal combustion engines, boilers,
11boiler-to-steam turbine systems, fuel cells, and gas turbines.
12    "Gas control system" means a system that disposes of or
13treats collected landfill gas by:
14        (1) combustion; or
15        (2) treatment of gas for subsequent sale or for sale
16    for off-site processing, including, but not limited to,
17    for transportation fuel and injection into a natural gas
18    pipeline.
19    "Municipal solid waste landfill" means a discrete area of
20land or an excavation that receives household waste and that
21is not a land application site, surface impoundment, injection
22well, or pile.
23    "Person" means an individual, firm, public or private
24corporation, association, partnership, political subdivision
25of the State, municipality, or governmental agency.
26    (b) This Section applies to all municipal solid waste

 

 

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1landfills, except:
2        (1) landfills that receive only hazardous waste or are
3    currently regulated under the federal Comprehensive
4    Environmental Response, Compensation, and Liability Act;
5    and
6        (2) landfills that receive only inert waste or
7    nondecomposable wastes.
8    (c) The Agency shall propose and adopt rules to implement
9this Section.
10    (d) An owner or operator of an active municipal solid
11waste landfill having less than 200,000 tons of waste in place
12must submit an annual waste-in-place report to the Agency
13until (i) the active municipal solid waste landfill has
14450,000 or more tons of waste in place or (ii) the Agency
15issues a certificate of closure to the site. The annual
16waste-in-place report must be:
17        (1) prepared for the period of January 1 through
18    December 31 of each year; and
19        (2) submitted to the Agency in the immediately
20    following calendar year by a date established by the
21    Agency by rule.
22    (e) An owner or operator of an active municipal solid
23waste landfill having 200,000 or more tons of waste in place or
24a closed municipal solid waste landfill having 400,000 or more
25tons of waste in place must calculate a methane generation
26rate in accordance with subsection (k) and the Agency's rules

 

 

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1and must submit a methane generation rate report to the
2Agency. If the calculated methane generation rate is less than
3664 metric tons, the owner or operator must:
4        (1) recalculate the methane generation rate annually
5    using the procedures specified in subsection (j) and the
6    rules adopted under this Section; and
7        (2) submit an annual methane generation rate report to
8    the Agency until either:
9            (A) the calculated methane generation rate is
10        greater than or equal to 664 metric tons; or
11            (B) if the municipal solid waste landfill is
12        active, the owner or operator submits a closure
13        notification in accordance with subsection (i).
14    (f) If the methane generation rate is greater than or
15equal to 664 metric tons, the owner or operator must either:
16        (1) comply with the requirements of this Section and
17    the rules adopted under this Section; or
18        (2) demonstrate to the satisfaction of the Agency that
19    after 4 years there is no measured concentration of
20    methane that is greater than or equal to 200 parts per
21    million, by volume, using the instantaneous surface
22    monitoring procedures specified in the rules adopted under
23    this Section, based on the monitoring results, and:
24            (A) if there is any measured concentration of
25        methane that is greater than or equal to 200 parts per
26        million, by volume, from the surface of the active or

 

 

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1        closed municipal solid waste landfill, comply with
2        this Section and the rules adopted under this Section;
3            (B) if there is no measured concentration of
4        methane that is greater than or equal to 200 parts per
5        million, by volume, from the surface of the active
6        municipal solid waste landfill, recalculate the
7        methane generation rate annually as required under
8        this Section until the owner or operator submits a
9        closure notification under subsection (j); or
10            (C) if there is no measured concentration of
11        methane that is greater than or equal to 200 parts per
12        million, by volume, from the surface of a closed
13        municipal solid waste landfill, submit to the Agency
14        for approval:
15                (i) a waste-in-place report in accordance with
16            this Section and the rules adopted under this
17            Section; and
18                (ii) all instantaneous surface monitoring
19            records.
20    (g) An owner or operator of a municipal solid waste
21landfill that has a calculated methane generation rate that is
22greater than or equal to 664 metric tons must install a gas
23collection and control system that meets the requirements of
24this Section and the rules adopted under this Section, unless
25the owner or operator demonstrates to the satisfaction of the
26Agency that after 4 years there is no measured concentration

 

 

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1of methane that is greater than or equal to 200 parts per
2million, by volume, using instantaneous surface monitoring
3procedures. If a municipal solid waste landfill partners with
4a third party to operate all or a portion of the gas collection
5and control system or energy recovery device, the obligation
6to comply with this Section is the responsibility of the owner
7or operator of the relevant portion of the gas collection and
8control system or energy recovery device.
9        (1) The gas collection and control system required
10    under this subsection (g) must handle the expected gas
11    generation flow rate from the entire area of the municipal
12    solid waste landfill and must collect gas at an extraction
13    rate that complies with the surface methane emission
14    limits under this Section and the rules adopted under this
15    Section.
16        (2) The gas collection and control system required
17    under this subsection (g) must be designed and operated so
18    that there is no landfill gas leak that results in a
19    concentration of methane that is greater than or equal to
20    500 parts per million of methane, by volume, measured at
21    any component under positive pressure, and it must collect
22    gas in all areas of the landfill at an extraction rate in
23    compliance with the surface methane emission limits.
24        (3) If the gas collection and control system required
25    under this subsection (g) uses a flare, the gas collection
26    and control system must achieve a methane destruction

 

 

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1    efficiency of at least 99%, by weight, and it may use an
2    enclosed flare or, until January 1, 2029, an open flare.
3        (4) If the gas collection and control system uses an
4    open flare:
5            (A) the open flare must meet the requirements of
6        40 CFR 60.18; and
7            (B) the owner must report to the Agency the
8        duration of the open flare if the duration exceeded 10
9        days.
10        (5) If the gas collection and control system does not
11    use a flare, the gas collection and control system must
12    either route the collected gas to an energy recovery
13    device or must route the collected gas to a treatment
14    system that processes the collected gas for subsequent
15    sale or use.
16        (6) If the gas collection and control system routes
17    the collected gas to an energy recovery device or devices,
18    the owner or operator of the energy recovery device or
19    devices must comply with the following requirements:
20            (A) the device must achieve a methane destruction
21        efficiency of at least 99%, by weight, except for
22        lean-burn internal combustion engines that were
23        installed and operating before January 1, 2022, which
24        must reduce the outlet methane concentration to less
25        than 3,000 parts per million, by volume, dry basis
26        corrected to 15% oxygen; and

 

 

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1            (B) if a boiler or a process heater is used as the
2        gas control device, the landfill gas stream must be
3        introduced into the flame zone, except that, where the
4        landfill gas is not the primary fuel for the boiler or
5        process heater, introduction of the landfill gas
6        stream into the flame zone is not required.
7        (7) If the gas collection and control system routes
8    the collected gas to a treatment system that processes the
9    collected gas for subsequent sale or use, the gas
10    collection and control system must achieve a methane leak
11    rate of 1% or less, by weight, and venting processed
12    landfill gas to the ambient air is not allowed.
13        (8) If the processed landfill gas cannot be routed for
14    subsequent sale or use, then the treated landfill gas must
15    achieve a methane destruction efficiency of at least 99%,
16    by weight.
17    (h) Each owner or operator of an active municipal solid
18waste landfill with a gas collection and control system must
19operate the gas collection and control system so that gas is
20collected from areas, cells, or groups of cells in the
21municipal solid waste landfill in which solid waste has been
22in place for one or more years.
23    (i) An owner or operator of a municipal solid waste
24landfill must conduct a source test for any gas control device
25that is subject to this Section, using the relevant test
26methods identified in or adopted pursuant to this Section. If

 

 

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1a gas control device was in compliance with relevant source
2testing requirements on June 9, 2023, the owner or operator
3must conduct the source test no less frequently than once
4every year. If a gas control device was not in compliance with
5source testing requirements on June 9, 2023, or if a
6subsequent source test shows the gas control device is out of
7compliance, the owner or operator must conduct the source test
8no less frequently than once every 6 months until 2 subsequent
9consecutive tests both show compliance.
10    (j) Except as provided in subsection (e), beginning on
11January 1 of the year following the year in which the Agency
12adopts rules to implement this Section or, in the case of a gas
13collection and control system installed or modified after that
14date, beginning on the date that the gas collection and
15control system begins operation, whichever is later, the
16concentration of methane measured from the surface of the
17landfill shall not, except in the case of nonrepeatable
18momentary readings, exceed:
19        (1) 200 parts per million, by volume, if measured by
20    instantaneous surface emissions monitoring; or
21        (2) an average methane concentration limit of 25 parts
22    per million, by volume, if measured by integrated surface
23    emissions monitoring.
24    The owner or operator must record all readings, must
25include the date, location, and value of each reading, and,
26for any reading that exceeds the limits, must record the date,

 

 

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1location, and value of each exceedance, along with retest
2dates and results and the location of each exceedance must be
3clearly marked and identified on a topographic map of the
4municipal solid waste landfill, drawn to scale, with the
5location of both the monitoring grids and the gas collection
6system clearly identified; and (ii) take corrective action,
7which may include, but is not limited to, maintenance or
8repair of the cover, or well vacuum adjustments. The location
9or locations of any exceedance must be monitored within 10
10calendar days after a measured exceedance.
11    Through its implementing rules, the Agency must determine
12the monitoring actions and corrective actions required in
13response to a methane emissions reading provided to the Agency
14or the landfill operator or owner by a credible third party,
15with the goal of quickly mitigating methane emission point
16sources.
17    (k) An owner or operator of a municipal solid waste
18landfill with a gas collection and control system must:
19        (1) conduct instantaneous and integrated surface
20    monitoring of the landfill surface, including using
21    advanced methane technology to assist with the objective
22    of comprehensive monitoring across the entire surface
23    area, according to rules adopted by the Agency;
24        (2) monitor the gas control system according to the
25    requirements specified in rules adopted by the Agency; and
26        (3) monitor each individual wellhead to determine the

 

 

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1    gauge pressure and water accumulation levels according to
2    the requirements specified in rules adopted by the Agency.
3    (l) An owner or operator of a municipal solid waste
4landfill must:
5        (1) maintain records and prepare reports in accordance
6    with this Section and any rules adopted under this
7    Section;
8        (2) maintain records related to monitoring, testing,
9    landfill operations, and the operation of a gas control
10    device, gas collection system, and gas control system. The
11    records must be provided by the owner or operator to the
12    Agency within 5 business days after a request from the
13    Agency;
14        (3) maintain records related to the type of face and
15    percentage of face used, timing of final cover
16    installation on each cell, the dates of intermediate and
17    final cover installation, the type of cover installed, and
18    the annual amount of methane gas collected from the waste
19    under intermediate and daily cover;
20        (4) if the landfill ceases to accept waste, submit a
21    closure notification to the Agency within 30 days after
22    ceasing to accept waste; and
23        (5) submit a gas collection and control system
24    equipment removal report to the Agency within 30 days
25    after well capping or the removal or cessation of
26    operation of the gas collection, treatment, or control

 

 

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1    system equipment. An owner or operator of either an active
2    municipal solid waste landfill with 200,000 or more tons
3    of waste-in-place or a closed municipal solid waste
4    landfill with 400,000 or more tons of waste-in-place must
5    prepare an annual report for the period of January 1
6    through December 31 of each year. The annual report must
7    include a calculation of methane generation rate. Each
8    annual report must be submitted to the Agency during the
9    subsequent calendar year, with the date of submission to
10    be established through rules.
11    (m) Except as provided under paragraph (8), the following
12methods must be used for measurements and tests conducted
13under this Section:
14        (1) any instrument used for the measurement of methane
15    must be a hydrocarbon detector or other equivalent
16    instrument approved by the Agency based on standards
17    adopted by the Agency that address calibration,
18    specifications, and performance criteria;
19        (2) the determination of methane generation rate must
20    be calculated consistent with the rules adopted under this
21    Section;
22        (3) an owner or operator of a municipal solid waste
23    landfill must measure the landfill surface concentration
24    of methane using a hydrocarbon detector meeting the
25    requirements of this Section and the rules adopted under
26    this Section;

 

 

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1        (4) an owner or operator of a municipal solid waste
2    landfill must measure leaks using a hydrocarbon detector,
3    inclusive of advanced methane detection technology,
4    meeting the requirements of this Section and the rules
5    adopted under this Section;
6        (5) the expected gas generation flow rate must be
7    determined according to the rules adopted under this
8    Section;
9        (6) the control device destruction efficiency must be
10    at least 99% and must be compliant with Agency rules;
11        (7) gauge pressure must be determined using a handheld
12    manometer, magnehelic gauge, or other pressure measuring
13    device approved by the Agency; and
14        (8) alternative test methods may be used if they are
15    approved in writing by the Agency; and
16        (9) water accumulation levels must be determined
17    according to the rules adopted under this Section.
18    In the rules adopted under this Section, the Agency shall
19develop a performance-based standard for permanent removal of
20the gas collection and control system after landfill closure,
21with a procedure for surface emissions demonstration.
22    (n) An owner or operator of a municipal solid waste
23landfill may request alternatives to the compliance measures,
24monitoring requirements, and test methods and procedures set
25forth in this Section and the rules adopted under this
26Section. Any alternatives requested by the owner or operator

 

 

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1must be submitted in writing to the Agency. The criteria that
2the Agency may use to evaluate alternative compliance option
3requests include, but are not limited to:
4        (1) compliance history;
5        (2) documentation containing the landfill gas flow
6    rate and measured methane concentrations for individual
7    gas collection wells or components;
8        (3) permits;
9        (4) component testing and surface monitoring results;
10        (5) gas collection and control system operation,
11    maintenance, and inspection records; and
12        (6) historical meteorological data.
13    The Agency must review and either approve or disapprove
14the requested alternatives within 120 days. The Agency may
15request that additional information be submitted as part of
16the review of the requested alternatives. If a request for an
17alternative compliance option is denied, the Agency must
18provide written reasons for the denial. The Agency must deny a
19request for alternative compliance measures if the request
20does not provide levels of enforceability or methane emissions
21control that are equivalent to those set forth in this Section
22or in rules adopted by the Agency under this Section.
23    (o) The Agency may request that any owner or operator of a
24municipal solid waste landfill demonstrate that a landfill
25does not meet the applicability criteria required under this
26Section. The demonstration must be submitted to the Agency

 

 

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1within 90 days of a written request received from the Agency.
2    (p) Any person who violates this Section or any rules
3adopted under this Section may incur a civil penalty under
4Section 42 of the Environmental Protection Act. The Agency
5shall waive penalties if the owner or operator of the landfill
6is actively taking corrective actions to control any methane
7exceedances. Penalties collected under this Section shall be
8deposited into the Environmental Protection Trust Fund.
9    (q) The Agency may assess and collect such fees as may be
10necessary to recover the direct and indirect costs associated
11with the implementation of this Section.