HB5198eng 100TH GENERAL ASSEMBLY

HB5198 Engrossed LRB100 19878 MJP 35158 b

AN ACT concerning safety.

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 Sections 3.535 and 9.4 and by adding Sections 3.201, 3.202, 3.299, 3.336, 3.366, and 3.367 as follows:

(415 ILCS 5/3.201 new)

Sec. 3.201. Gasification. "Gasification" means a process through which nonrecycled feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted into fuels, including ethanol and transportation fuels, chemicals, or other chemical feedstocks. "Gasification" is not waste incineration or waste treatment.

(415 ILCS 5/3.202 new)

Sec. 3.202. Gasification facility. "Gasification facility" means a manufacturing facility that: (1) receives, separates, stores and converts post-use polymers and nonrecycled feedstocks using gasification; and (2) only receives materials that have been source separated off-site at least once before being received at the gasification facility. A "gasification facility" is not a pollution control facility, a solid waste treatment facility, or a solid waste incineration facility.

(415 ILCS 5/3.299 new)

Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled feedstocks" means one or more of the following materials, derived from nonrecycled waste, that has been processed so that it may be used as feedstock in a gasification facility:

(1) post-use polymers; and

(2) materials, including, but not limited to, municipal solid waste that contains post-use polymers and other post-industrial waste containing post-use polymers that has been processed into a fuel or feedstock for which the United States Environmental Protection Agency has made a non-waste determination under 40 CFR 241.3(c) or otherwise determined are not wastes or for which the Board has made a non-waste determination.

(415 ILCS 5/3.336 new)

Sec. 3.336. Post-use polymers. "Post-use polymers" means plastic polymers that: (1) derive from any household, industrial, community, commercial, or other sources of operations or activities that might otherwise become a waste if not recycled or converted to manufacture crude oil, fuels, or other raw materials or intermediate or final products using pyrolysis or gasification; and (2) are not mixed with solid waste, infectious waste, hazardous waste, e-waste, tires, or construction demolition debris. "Post-use polymers" may contain incidental contaminants or impurities such as paper labels or metal rings. "Post-use polymers" are not waste.

(415 ILCS 5/3.366 new)

Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted, and thermally decomposed, and are then cooled, condensed, and converted to:

(1) crude oil, diesel, gasoline, home heating oil, or another fuel;

(2) feedstocks;

(3) diesel and gasoline blendstocks;

(4) chemicals, waxes, or lubricants; or

(5) other raw materials or intermediate or final products.

"Pyrolysis" is not waste incineration or waste treatment.

(415 ILCS 5/3.367 new)

Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means a manufacturing facility that: (1) receives, separates, stores, and converts post-use polymers using pyrolysis; and (2) only receives materials that have been source separated off-site at least once before being received at the pyrolysis facility. A "pyrolysis facility" is not a pollution control facility, a solid waste treatment facility, or a solid waste incineration facility.

(415 ILCS 5/3.535) (was 415 ILCS 5/3.53)

Sec. 3.535. Waste. "Waste" means any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or coal combustion by-products as defined in Section 3.135, or post-use polymers or nonrecycled feedstocks processed through pyrolysis or gasification, provided that the materials have been source separated at least once before being received at the pyrolysis or gasification facility, or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as now or hereafter amended, or source, special nuclear, or by-product materials as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 921) or any solid or dissolved material from any facility subject to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto.

(Source: P.A. 92-574, eff. 6-26-02.)

(415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)

Sec. 9.4. Municipal waste incineration emission standards.

(a) The General Assembly finds:

(1) That air pollution from municipal waste incineration may constitute a threat to public health, welfare and the environment. The amounts and kinds of pollutants depend on the nature of the waste stream, operating conditions of the incinerator, and the effectiveness of emission controls. Under normal operating conditions, municipal waste incinerators produce pollutants such as organic compounds, metallic compounds and acid gases which may be a threat to public health, welfare and the environment.

(2) That a combustion and flue-gas control system, which is properly designed, operated and maintained, can substantially reduce the emissions of organic materials, metallic compounds and acid gases from municipal waste incineration.

(b) It is the purpose of this Section to insure that emissions from new municipal waste incineration facilities which burn a total of 25 tons or more of municipal waste per day are adequately controlled.

Such facilities shall be subject to emissions limits and operating standards based upon the application of Best Available Control Technology, as determined by the Agency, for emissions of the following categories of pollutants:

(1) particulate matter, sulfur dioxide and nitrogen oxides;

(2) acid gases;

(3) heavy metals; and

(4) organic materials.

(c) The Agency shall issue permits, pursuant to Section 39, to new municipal waste incineration facilities only if the Agency finds that such facilities are designed, constructed and operated so as to comply with the requirements prescribed by this Section.

Prior to adoption of Board regulations under subsection (d) of this Section the Agency may issue permits for the construction of new municipal waste incineration facilities. The Agency determination of Best Available Control Technology shall be based upon consideration of the specific pollutants named in subsection (d), and emissions of particulate matter, sulfur dioxide and nitrogen oxides.

Nothing in this Section shall limit the applicability of any other Sections of this Act, or of other standards or regulations adopted by the Board, to municipal waste incineration facilities. In issuing such permits, the Agency may prescribe those conditions necessary to assure continuing compliance with the emission limits and operating standards determined pursuant to subsection (b); such conditions may include the monitoring and reporting of emissions.

(d) Within one year after July 1, 1986, the Board shall adopt regulations pursuant to Title VII of this Act, which define the terms in items (2), (3) and (4) of subsection (b) of this Section which are to be used by the Agency in making its determination pursuant to this Section. The provisions of Section 27(b) of this Act shall not apply to this rulemaking.

Such regulations shall be written so that the categories of pollutants include, but need not be limited to, the following specific pollutants:

(1) hydrogen chloride in the definition of acid gases;

(2) arsenic, cadmium, mercury, chromium, nickel and lead in the definition of heavy metals; and

(3) polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans and polynuclear aromatic hydrocarbons in the definition of organic materials.

(e) For the purposes of this Section, the term "Best Available Control Technology" means an emission limitation (including a visible emission standard) based on the maximum degree of pollutant reduction which the Agency, on a case-by-case basis, taking into account energy, environmental and economic impacts, determines is achievable through the application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques. If the Agency determines that technological or economic limitations on the application of measurement methodology to a particular class of sources would make the imposition of an emission standard not feasible, it may instead prescribe a design, equipment, work practice or operational standard, or combination thereof, to require the application of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

(f) "Municipal waste incineration" means the burning of municipal waste or fuel derived therefrom in a combustion apparatus designed to burn municipal waste that may produce electricity or steam as a by-product. A "new municipal waste incinerator" is an incinerator initially permitted for development or construction after January 1, 1986. As used in this Section, "municipal waste" or "municipal waste or fuel derived therefrom" do not include: (i) post-use polymers or nonrecycled feedstocks that are converted into crude oil or refined into fuels or feedstocks using a pyrolysis or gasification process; and (ii) non-hazardous secondary material that is excluded from solid waste when used legitimately as a fuel or ingredient in a combustion unit in accordance with the standards and criteria set forth in 40 CFR 241.

(g) The provisions of this Section shall not apply to industrial incineration facilities that burn waste generated at the same site.

(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)

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