Full Text of HB5198 100th General Assembly
HB5198ham002 100TH GENERAL ASSEMBLY | Rep. Lawrence Walsh, Jr. Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5198
| 2 | | AMENDMENT NO. ______. Amend House Bill 5198, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Environmental Protection Act is amended by | 6 | | changing Sections 3.535 and 9.4 and by adding Sections 3.201, | 7 | | 3.202, 3.299, 3.336, 3.366, and 3.367 as follows: | 8 | | (415 ILCS 5/3.201 new) | 9 | | Sec. 3.201. Gasification. "Gasification" means a process | 10 | | through which nonrecycled feedstocks are heated and converted | 11 | | into a fuel-gas mixture in an oxygen-deficient atmosphere and | 12 | | the mixture is converted into fuels, including ethanol and | 13 | | transportation fuels, chemicals, or other chemical feedstocks. | 14 | | "Gasification" is not waste incineration or waste treatment. | 15 | | (415 ILCS 5/3.202 new) |
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| 1 | | Sec. 3.202. Gasification facility. "Gasification facility" | 2 | | means a manufacturing facility that: (1) receives, separates, | 3 | | stores and converts post-use polymers and nonrecycled | 4 | | feedstocks using gasification; and (2) only receives materials | 5 | | that have been source separated off-site at least once before | 6 | | being received at the gasification facility. A "gasification | 7 | | facility" is not a pollution control facility, a solid waste | 8 | | treatment facility, or a solid waste incineration facility. | 9 | | (415 ILCS 5/3.299 new) | 10 | | Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled | 11 | | feedstocks" means one or more of the following materials, | 12 | | derived from nonrecycled waste, that has been processed so that | 13 | | it may be used as feedstock in a gasification facility: | 14 | | (1) post-use polymers; and | 15 | | (2) materials, including, but not limited to, | 16 | | municipal solid waste that contains post-use polymers and | 17 | | other post-industrial waste containing post-use polymers | 18 | | that has been processed into a fuel or feedstock for which | 19 | | the United States Environmental Protection Agency has made | 20 | | a non-waste determination under 40 CFR 241.3(c) or | 21 | | otherwise determined are not wastes or for which the Board | 22 | | has made a non-waste determination. | 23 | | (415 ILCS 5/3.336 new) | 24 | | Sec. 3.336. Post-use polymers. "Post-use polymers" means |
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| 1 | | plastic polymers that: (1) derive from any household, | 2 | | industrial, community, commercial, or other sources of | 3 | | operations or activities that might otherwise become a waste if | 4 | | not recycled or converted to manufacture crude oil, fuels, or | 5 | | other raw materials or intermediate or final products using | 6 | | pyrolysis or gasification; and (2) are not mixed with solid | 7 | | waste, infectious waste, hazardous waste, e-waste, tires, or | 8 | | construction demolition debris. "Post-use polymers" may | 9 | | contain incidental contaminants or impurities such as paper | 10 | | labels or metal rings. "Post-use polymers" are not waste. | 11 | | (415 ILCS 5/3.366 new) | 12 | | Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing | 13 | | process through which post-use polymers are heated in the | 14 | | absence of oxygen until melted, and thermally decomposed, and | 15 | | are then cooled, condensed, and converted to: | 16 | | (1) crude oil, diesel, gasoline, home heating oil, or | 17 | | another fuel; | 18 | | (2) feedstocks; | 19 | | (3) diesel and gasoline blendstocks; | 20 | | (4) chemicals, waxes, or lubricants; or | 21 | | (5) other raw materials or intermediate or final | 22 | | products. | 23 | | "Pyrolysis" is not waste incineration or waste treatment. | 24 | | (415 ILCS 5/3.367 new) |
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| 1 | | Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means | 2 | | a manufacturing facility that: (1) receives, separates, | 3 | | stores, and converts post-use polymers using pyrolysis; and (2) | 4 | | only receives materials that have been source separated | 5 | | off-site at least once before being received at the pyrolysis | 6 | | facility. A "pyrolysis facility" is not a pollution control | 7 | | facility, a solid waste treatment facility, or a solid waste | 8 | | incineration facility.
| 9 | | (415 ILCS 5/3.535) (was 415 ILCS 5/3.53)
| 10 | | Sec. 3.535. Waste.
"Waste" means any garbage, sludge from | 11 | | a waste treatment plant,
water supply treatment plant, or air | 12 | | pollution control facility or other
discarded material, | 13 | | including solid, liquid, semi-solid, or contained
gaseous | 14 | | material resulting from industrial, commercial, mining and
| 15 | | agricultural operations, and from community activities, but | 16 | | does not
include solid or dissolved material in domestic | 17 | | sewage, or solid or
dissolved materials in irrigation return | 18 | | flows, or coal combustion
by-products as defined in Section | 19 | | 3.135, or post-use polymers or nonrecycled feedstocks | 20 | | processed through pyrolysis or gasification, provided that the | 21 | | materials have been source separated at least once before being | 22 | | received at the pyrolysis or gasification facility, or | 23 | | industrial
discharges which are point sources subject to | 24 | | permits under Section
402 of the Federal Water Pollution | 25 | | Control Act, as now or hereafter
amended, or source, special |
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| 1 | | nuclear, or by-product materials as
defined by the Atomic | 2 | | Energy Act of 1954, as amended (68 Stat. 921)
or any solid or | 3 | | dissolved material from any facility subject to
the Federal | 4 | | Surface Mining Control and Reclamation Act of 1977 (P.L.
95-87) | 5 | | or the rules and regulations thereunder or any law or rule or
| 6 | | regulation adopted by the State of Illinois pursuant thereto.
| 7 | | (Source: P.A. 92-574, eff. 6-26-02.)
| 8 | | (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
| 9 | | Sec. 9.4. Municipal waste incineration emission standards.
| 10 | | (a) The General Assembly finds:
| 11 | | (1) That air pollution from municipal waste | 12 | | incineration may constitute
a threat to public health, | 13 | | welfare and the environment. The amounts and
kinds of | 14 | | pollutants depend on the nature of the waste stream, | 15 | | operating
conditions of the incinerator, and the | 16 | | effectiveness of emission controls.
Under normal operating | 17 | | conditions, municipal waste incinerators produce
| 18 | | pollutants such as organic compounds, metallic compounds | 19 | | and acid gases
which may be a threat to public health, | 20 | | welfare and the environment.
| 21 | | (2) That a combustion and flue-gas control system, | 22 | | which is properly
designed, operated and maintained, can | 23 | | substantially reduce the emissions
of organic materials, | 24 | | metallic compounds and acid gases from municipal
waste | 25 | | incineration.
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| 1 | | (b) It is the purpose of this Section to insure that | 2 | | emissions from new
municipal waste incineration facilities | 3 | | which burn a total of 25 tons or
more of municipal waste per | 4 | | day are adequately controlled.
| 5 | | Such facilities shall be subject to emissions limits and | 6 | | operating
standards based upon the application of Best | 7 | | Available Control Technology,
as determined by the Agency, for | 8 | | emissions of the following categories of
pollutants:
| 9 | | (1) particulate matter, sulfur dioxide and nitrogen | 10 | | oxides;
| 11 | | (2) acid gases;
| 12 | | (3) heavy metals; and
| 13 | | (4) organic materials.
| 14 | | (c) The Agency shall issue permits, pursuant to Section 39, | 15 | | to new
municipal waste incineration facilities only if the | 16 | | Agency finds that such
facilities are designed, constructed and | 17 | | operated so as to comply with the
requirements prescribed by | 18 | | this Section.
| 19 | | Prior to adoption of Board regulations under subsection (d) | 20 | | of this
Section the Agency may issue permits for the | 21 | | construction of new municipal
waste incineration facilities. | 22 | | The Agency determination of Best Available
Control Technology | 23 | | shall be based upon consideration of the specific
pollutants | 24 | | named in subsection (d), and emissions of particulate matter,
| 25 | | sulfur dioxide and nitrogen oxides.
| 26 | | Nothing in this Section shall limit
the applicability of |
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| 1 | | any other Sections of this Act, or of other standards
or | 2 | | regulations adopted by the Board, to municipal waste | 3 | | incineration
facilities. In issuing such permits, the Agency | 4 | | may prescribe those
conditions necessary to assure continuing | 5 | | compliance with the emission
limits and operating standards | 6 | | determined pursuant to subsection (b); such
conditions may | 7 | | include the monitoring and reporting of emissions.
| 8 | | (d) Within one year after July 1, 1986, the Board shall | 9 | | adopt regulations pursuant to Title
VII of this Act, which | 10 | | define the terms in items (2), (3) and (4) of subsection
(b) of | 11 | | this Section which are to be used by the Agency in making its
| 12 | | determination pursuant to this Section. The provisions of | 13 | | Section 27(b) of
this Act shall not apply to this rulemaking.
| 14 | | Such regulations shall be written so that the categories of | 15 | | pollutants
include, but need not be limited to, the following | 16 | | specific pollutants:
| 17 | | (1) hydrogen chloride in the definition of acid gases;
| 18 | | (2) arsenic, cadmium, mercury, chromium, nickel and | 19 | | lead in the
definition of heavy metals; and
| 20 | | (3) polychlorinated dibenzo-p-dioxins, polychlorinated | 21 | | dibenzofurans and
polynuclear aromatic hydrocarbons in the | 22 | | definition of organic materials.
| 23 | | (e) For the purposes of this Section, the term "Best | 24 | | Available Control
Technology" means an emission limitation
| 25 | | (including a visible emission standard) based on the maximum | 26 | | degree of
pollutant reduction which the Agency, on a |
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| 1 | | case-by-case basis, taking into
account energy, environmental | 2 | | and economic impacts, determines is
achievable through the | 3 | | application of production processes or available
methods, | 4 | | systems and techniques, including fuel cleaning or treatment or
| 5 | | innovative fuel combustion techniques. If the Agency | 6 | | determines that
technological or economic limitations on the | 7 | | application of measurement
methodology to a particular class of | 8 | | sources would make the imposition of
an emission standard not | 9 | | feasible, it may instead prescribe a design,
equipment, work | 10 | | practice or operational standard, or combination thereof,
to | 11 | | require the application of best available control technology. | 12 | | Such standard
shall, to the degree possible, set forth the | 13 | | emission reduction achievable by
implementation of such | 14 | | design, equipment, work practice or operation and
shall provide | 15 | | for compliance by means which achieve equivalent results.
| 16 | | (f) "Municipal waste incineration" means the burning of | 17 | | municipal waste
or fuel derived therefrom in a combustion | 18 | | apparatus designed to burn
municipal waste that may produce | 19 | | electricity or steam as a by-product. A
"new municipal waste | 20 | | incinerator" is an incinerator initially permitted for
| 21 | | development or construction after January 1, 1986. As used in | 22 | | this Section, "municipal waste" or "municipal waste or fuel | 23 | | derived therefrom" do not include: (i) post-use polymers or | 24 | | nonrecycled feedstocks that are converted into crude oil or | 25 | | refined into fuels or feedstocks using a pyrolysis or | 26 | | gasification process; and (ii) non-hazardous secondary |
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| 1 | | material that is excluded from solid waste when used | 2 | | legitimately as a fuel or ingredient in a combustion unit in | 3 | | accordance with the standards and criteria set forth in 40 CFR | 4 | | 241.
| 5 | | (g) The provisions of this Section shall not apply to | 6 | | industrial
incineration facilities that burn waste generated | 7 | | at the same site.
| 8 | | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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