HB4818eng 102ND GENERAL ASSEMBLY

HB4818 Engrossed LRB102 25097 CPF 34357 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 adding Section 22.62 as follows:

(415 ILCS 5/22.62 new)

Sec. 22.62. PFAS; incineration.

(a) As used in this Section:

"Incineration" includes, but is not limited to, burning, combustion, pyrolysis, gasification, or the use of an acid recovery furnace or oxidizer, ore roaster, cement kiln, lightweight aggregate kiln, industrial furnace, boiler, or process heater. "Incineration" does not include thermal oxidizers when they are operated as a pollution control or resource recovery device at a facility that is using PFAS-containing chemicals.

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means the categories of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom and that are listed as "per- and polyfluoroalkyl substances" in the USEPA's Toxic Release Inventory (TRI) rules, developed under Section 313 of the Emergency Planning and Community Right-To-Know Act (EPCRA) and codified in 40 CFR 372.65. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" does not include liquid or gaseous fluorocarbon or chlorofluorocarbon products used chiefly as refrigerants.

(b) No person shall dispose of any PFAS, including, but not limited to, aqueous film-forming foam that contains PFAS, by incineration. The Agency may propose, and the Board may adopt, any rules it deems necessary to carry out the provisions of this Section.

(c) Nothing in this Section applies to (i) the combustion of landfill gas from the decomposition of waste that may contain PFAS at a permitted sanitary landfill or (ii) the combustion of landfill gas in a landfill gas recovery facility that is located at a sanitary landfill.

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