Sen. Melinda Bush

Filed: 5/10/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1391

2    AMENDMENT NO. ______. Amend House Bill 1391 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 9.4, 22.16b, and 39.8 as follows:
 
6    (415 ILCS 5/9.4)  (from Ch. 111 1/2, par. 1009.4)
7    Sec. 9.4. Municipal waste incineration emission standards.
8    (a) The General Assembly finds:
9        (1) That air pollution from municipal waste
10    incineration may constitute a threat to public health,
11    welfare and the environment. The amounts and kinds of
12    pollutants depend on the nature of the waste stream,
13    operating conditions of the incinerator, and the
14    effectiveness of emission controls. Under normal operating
15    conditions, municipal waste incinerators produce
16    pollutants such as organic compounds, metallic compounds

 

 

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1    and acid gases which may be a threat to public health,
2    welfare and the environment.
3        (2) That a combustion and flue-gas control system,
4    which is properly designed, operated and maintained, can
5    substantially reduce the emissions of organic materials,
6    metallic compounds and acid gases from municipal waste
7    incineration.
8    (b) It is the purpose of this Section to insure that
9emissions from new municipal waste incineration facilities
10which burn a total of 25 tons or more of municipal waste per
11day are adequately controlled.
12    Such facilities shall be subject to emissions limits and
13operating standards based upon the application of Best
14Available Control Technology, as determined by the Agency, for
15emissions of the following categories of pollutants:
16        (1) particulate matter, sulfur dioxide and nitrogen
17    oxides;
18        (2) acid gases;
19        (3) heavy metals; and
20        (4) organic materials.
21    (c) The Agency shall issue permits, pursuant to Section 39,
22to new municipal waste incineration facilities only if the
23Agency finds that such facilities are designed, constructed and
24operated so as to comply with the requirements prescribed by
25this Section.
26    Prior to adoption of Board regulations under subsection (d)

 

 

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1of this Section the Agency may issue permits for the
2construction of new municipal waste incineration facilities.
3The Agency determination of Best Available Control Technology
4shall be based upon consideration of the specific pollutants
5named in subsection (d), and emissions of particulate matter,
6sulfur dioxide and nitrogen oxides.
7    Nothing in this Section shall limit the applicability of
8any other Sections of this Act, or of other standards or
9regulations adopted by the Board, to municipal waste
10incineration facilities. In issuing such permits, the Agency
11may prescribe those conditions necessary to assure continuing
12compliance with the emission limits and operating standards
13determined pursuant to subsection (b); such conditions may
14include the monitoring and reporting of emissions.
15    (d) Within one year after July 1, 1986, the Board shall
16adopt regulations pursuant to Title VII of this Act, which
17define the terms in items (2), (3) and (4) of subsection (b) of
18this Section which are to be used by the Agency in making its
19determination pursuant to this Section. The provisions of
20Section 27(b) of this Act shall not apply to this rulemaking.
21    Such regulations shall be written so that the categories of
22pollutants include, but need not be limited to, the following
23specific pollutants:
24        (1) hydrogen chloride in the definition of acid gases;
25        (2) arsenic, cadmium, mercury, chromium, nickel and
26    lead in the definition of heavy metals; and

 

 

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1        (3) polychlorinated dibenzo-p-dioxins, polychlorinated
2    dibenzofurans and polynuclear aromatic hydrocarbons in the
3    definition of organic materials.
4    (e) For the purposes of this Section, the term "Best
5Available Control Technology" means an emission limitation
6(including a visible emission standard) based on the maximum
7degree of pollutant reduction which the Agency, on a
8case-by-case basis, taking into account energy, environmental
9and economic impacts, determines is achievable through the
10application of production processes or available methods,
11systems and techniques, including fuel cleaning or treatment or
12innovative fuel combustion techniques. If the Agency
13determines that technological or economic limitations on the
14application of measurement methodology to a particular class of
15sources would make the imposition of an emission standard not
16feasible, it may instead prescribe a design, equipment, work
17practice or operational standard, or combination thereof, to
18require the application of best available control technology.
19Such standard shall, to the degree possible, set forth the
20emission reduction achievable by implementation of such
21design, equipment, work practice or operation and shall provide
22for compliance by means which achieve equivalent results.
23    (f) "Municipal waste incineration" means the burning of
24municipal waste or fuel derived therefrom in a combustion
25apparatus designed to burn municipal waste that may produce
26electricity or steam as a by-product. A "new municipal waste

 

 

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1incinerator" is an incinerator initially permitted for
2development or construction after January 1, 1986. "New
3municipal waste incinerator" includes, without limitation, any
4plasma arc incinerator, as that term is defined in 40 C.F.R.
5260.10.
6    (g) The provisions of this Section shall not apply to
7industrial incineration facilities that burn waste generated
8at the same site.
9(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
 
10    (415 ILCS 5/22.16b)  (from Ch. 111 1/2, par. 1022.16b)
11    Sec. 22.16b. Municipal waste incinerators.
12    (a) Beginning January 1, 1991, the Agency shall assess and
13collect a fee from the owner or operator of each new municipal
14waste incinerator. The fee shall be calculated by applying the
15rates established from time to time for the disposal of solid
16waste at sanitary landfills under subdivision (b)(1) of Section
1722.15 to the total amount of municipal waste accepted for
18incineration at the new municipal waste incinerator. The
19exemptions provided by this Act to the fees imposed under
20subsection (b) of Section 22.15 shall not apply to the fee
21imposed by this Section.
22    The owner or operator of any new municipal waste
23incinerator permitted after January 1, 1990, but before July 1,
241990 by the Agency for the development or operation of a new
25municipal waste incinerator shall be exempt from this fee, but

 

 

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1shall include the following conditions:
2        (1) The owner or operator shall provide information
3    programs to those communities serviced by the owner or
4    operator concerning recycling and separation of waste not
5    suitable for incineration.
6        (2) The owner or operator shall provide information
7    programs to those communities serviced by the owner or
8    operator concerning the Agency's household hazardous waste
9    collection program and participation in that program.
10    For the purposes of this Section, "new municipal waste
11incinerator" means a municipal waste incinerator initially
12permitted for development or construction on or after January
131, 1990. "New municipal waste incinerator" includes, without
14limitation, any plasma arc incinerator, as that term is defined
15in 40 C.F.R. 260.10.
16    Amounts collected under this subsection shall be deposited
17into the Municipal Waste Incinerator Tax Fund, which is hereby
18established as an interest-bearing special fund in the State
19Treasury. Monies in the Fund may be used, subject to
20appropriation:
21        (1) by the Department of Commerce and Economic
22    Opportunity to fund its public information programs on
23    recycling in those communities served by new municipal
24    waste incinerators; and
25        (2) by the Agency to fund its household hazardous waste
26    collection activities in those communities served by new

 

 

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1    municipal waste incinerators.
2    (b) Any permit issued by the Agency for the development or
3operation of a new municipal waste incinerator shall include
4the following conditions:
5        (1) The incinerator must be designed to provide
6    continuous monitoring while in operation, with direct
7    transmission of the resultant data to the Agency, until the
8    Agency determines the best available control technology
9    for monitoring the data. The Agency shall establish the
10    test methods, procedures and averaging periods, as
11    certified by the USEPA for solid waste incinerator units,
12    and the form and frequency of reports containing results of
13    the monitoring. Compliance and enforcement shall be based
14    on such reports. Copies of the results of such monitoring
15    shall be maintained on file at the facility concerned for
16    one year, and copies shall be made available for inspection
17    and copying by interested members of the public during
18    business hours.
19        (2) The facility shall comply with the emission limits
20    adopted by the Agency under subsection (c).
21        (3) The operator of the facility shall take reasonable
22    measures to ensure that waste accepted for incineration
23    complies with all legal requirements for incineration. The
24    incinerator operator shall establish contractual
25    requirements or other notification and inspection
26    procedures sufficient to assure compliance with this

 

 

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1    subsection (b)(3) which may include, but not be limited to,
2    routine inspections of waste, lists of acceptable and
3    unacceptable waste provided to haulers and notification to
4    the Agency when the facility operator rejects and sends
5    loads away. The notification shall contain at least the
6    name of the hauler and the site from where the load was
7    hauled.
8        (4) The operator may not accept for incineration any
9    waste generated or collected in a municipality that has not
10    implemented a recycling plan or is party to an implemented
11    county plan, consistent with State goals and objectives.
12    Such plans shall include provisions for collecting,
13    recycling or diverting from landfills and municipal
14    incinerators landscape waste, household hazardous waste
15    and batteries. Such provisions may be performed at the site
16    of the new municipal incinerator.
17    The Agency, after careful scrutiny of a permit application
18for the construction, development or operation of a new
19municipal waste incinerator, shall deny the permit if (i) the
20Agency finds in the permit application noncompliance with the
21laws and rules of the State, or (ii) the application indicates
22that the mandated air emissions standards will not be reached
23within six months of the proposed municipal waste incinerator
24beginning operation, or (iii) the incinerator is located, or is
25to be located, less than one and three-quarter miles from a
26school or day care center in a county with at least 700,000,

 

 

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1but not more than 900,000, inhabitants.
2    Beginning on the effective date of this amendatory Act of
3the 98th General Assembly, the Agency shall deny any
4application for the renewal or amendment of a permit for the
5construction, development, or operation of a new municipal
6waste incinerator, or any other municipal waste incinerator, if
7the incinerator is located, or is to be located, less than one
8and three-quarter miles from a school or day care center in a
9county with at least 700,000, but not more than 900,000,
10inhabitants.
11    (c) The Agency shall adopt specific limitations on the
12emission of mercury, chromium, cadmium and lead, and good
13combustion practices, including temperature controls from
14municipal waste incinerators pursuant to Section 9.4 of the
15Act.
16    (d) The Agency shall establish household hazardous waste
17collection centers in appropriate places in this State. The
18Agency may operate and maintain the centers itself or may
19contract with other parties for that purpose. The Agency shall
20ensure that the wastes collected are properly disposed of. The
21collection centers may charge fees for their services, not to
22exceed the costs incurred. Such collection centers shall not
23(i) be regulated as hazardous waste facilities under RCRA nor
24(ii) be subject to local siting approval under Section 39.2 if
25the local governing authority agrees to waive local siting
26approval procedures.

 

 

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1(Source: P.A. 94-793, eff. 5-19-06.)
 
2    (415 ILCS 5/39.8)
3    Sec. 39.8. Gasification conversion technology
4demonstration permit.
5    (a) The purpose of this Section is to provide for the
6permitting and limited testing of gasification conversion
7technologies on a pilot scale basis.
8    (b) For purposes of this Section:
9        "Gasification conversion technology" or "GCT" means
10    the process of applying heat to municipal waste, chicken
11    litter, distillers grain, or switchgrass in order to
12    convert these materials into a synthetic gas ("syngas")
13    that meets specifications for use as a fuel for the
14    generation of electricity. To qualify as a GCT, the process
15    must not continuously operate at temperatures exceeding an
16    hourly average of 1,400 degrees Fahrenheit in the gasifier
17    unit, must not use fossil fuels in the gasifier unit, and
18    must be designed to produce more energy than it consumes.
19        "GCTDP" means a gasification conversion technology
20    demonstration permit issued by the Agency under this
21    Section.
22    (c) The Agency may, under the authority of subsection (b)
23of Section 9 and subsection (a) of Section 39 of the Act, issue
24a GCTDP to an applicant for limited field testing of a GCT in
25order to demonstrate that the GCT can reliably produce syngas

 

 

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1meeting specifications for its use as fuel for the generation
2of electricity. The GCTDP shall be subject to all of the
3following conditions:
4        (1) The GCTDP shall be for a period not to exceed 180
5    consecutive calendar days from the date of issuance of the
6    permit.
7        (2) The applicant for a GCTDP must demonstrate that,
8    during the permit period, the GCT will not emit more than
9    500 pounds, in the aggregate, of particulate matter, sulfur
10    dioxide, organic materials, hydrogen chloride, and heavy
11    metals.
12        (3) The applicant for a GCTDP must perform emissions
13    testing during the permit period, as required by the
14    Agency, and submit the results of that testing to the
15    Agency as specified in the GCTDP within 60 days after the
16    completion of testing.
17        (4) During the permit period the applicant may not
18    process more than 10 tons per day, in the aggregate, of
19    materials in the gasification process. The applicant may
20    not store on site more than 10 tons, in the aggregate, of
21    waste and other materials of the types set forth in
22    subsection (b) of this Section.
23        (5) In addition to the GCTDP, the applicant must obtain
24    applicable waste management permits in accordance with
25    subsection (d) of Section 21 and subsection (a) of Section
26    39 before receiving waste at the facility. All waste

 

 

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1    received at the facility must be managed in accordance with
2    the Act, the waste management permits, and applicable
3    regulations adopted pursuant to Section 22 of the Act.
4        (6) The applicant must demonstrate that the proposed
5    project meets the criteria defining a GCT in subsection (b)
6    of this Section.
7        (7) The applicant for a GCTDP shall submit application
8    fees in accordance with subsection (c) of Section 9.12 of
9    the Act, excluding the fees under subparagraph (B) of
10    paragraph (2) of subsection (c) of that Section.
11        (8) A complete application for a GCTDP must be filed in
12    accordance with this Section and submitted to the Agency
13    prior to one year from the effective date of this
14    amendatory Act of the 96th General Assembly.
15        (9) The GCTDP shall not be granted for use in a
16    nonattainment area.
17        (10) The GCTDP shall not be granted if any portion of
18    the site upon which the GCT is located is less than one and
19    three-quarter miles from a school or day care center in a
20    county with at least 700,000, but not more than 900,000,
21    inhabitants.
22(Source: P.A. 96-887, eff. 4-9-10.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".