Bill Text: IL HB1391 | 2013-2014 | 98th General Assembly | Amended

---

Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to deny an application for the construction, development, or operation of a new municipal waste incinerator if the incinerator is located within one and one-half miles of a public school. Requires the Agency to deny any application for the renewal or amendment of a permit for the construction, development, or operation of a new municipal waste incinerator, or any other municipal waste incinerator, if the incinerator is located less than one and one-half miles from a public school. Effective immediately.

Sponsorship: Partisan Bill (Democrat 19)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1391 Detail]

Download: Illinois-2013-HB1391-Amended.html

---

Sen. Melinda Bush

Filed: 5/10/2013

09800HB1391sam001 LRB098 06709 JDS 45709 a
AMENDMENT TO HOUSE BILL 1391
AMENDMENT NO. ______. Amend House Bill 1391 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 9.4, 22.16b, and 39.8 as follows:
(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

09800HB1391sam001 - 2 - LRB098 06709 JDS 45709 a
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)

09800HB1391sam001 - 3 - LRB098 06709 JDS 45709 a
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

09800HB1391sam001 - 4 - LRB098 06709 JDS 45709 a
(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

09800HB1391sam001 - 5 - LRB098 06709 JDS 45709 a
incinerator" is an incinerator initially permitted for
development or construction after January 1, 1986. "New
municipal waste incinerator" includes, without limitation, any
plasma arc incinerator, as that term is defined in 40 C.F.R.
260.10.
(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.)
(415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
Sec. 22.16b. Municipal waste incinerators.
(a) Beginning January 1, 1991, the Agency shall assess and
collect a fee from the owner or operator of each new municipal
waste incinerator. The fee shall be calculated by applying the
rates established from time to time for the disposal of solid
waste at sanitary landfills under subdivision (b)(1) of Section
22.15 to the total amount of municipal waste accepted for
incineration at the new municipal waste incinerator. The
exemptions provided by this Act to the fees imposed under
subsection (b) of Section 22.15 shall not apply to the fee
imposed by this Section.
The owner or operator of any new municipal waste
incinerator permitted after January 1, 1990, but before July 1,
1990 by the Agency for the development or operation of a new
municipal waste incinerator shall be exempt from this fee, but

09800HB1391sam001 - 6 - LRB098 06709 JDS 45709 a
shall include the following conditions:
(1) The owner or operator shall provide information
programs to those communities serviced by the owner or
operator concerning recycling and separation of waste not
suitable for incineration.
(2) The owner or operator shall provide information
programs to those communities serviced by the owner or
operator concerning the Agency's household hazardous waste
collection program and participation in that program.
For the purposes of this Section, "new municipal waste
incinerator" means a municipal waste incinerator initially
permitted for development or construction on or after January
1, 1990. "New municipal waste incinerator" includes, without
limitation, any plasma arc incinerator, as that term is defined
in 40 C.F.R. 260.10.
Amounts collected under this subsection shall be deposited
into the Municipal Waste Incinerator Tax Fund, which is hereby
established as an interest-bearing special fund in the State
Treasury. Monies in the Fund may be used, subject to
appropriation:
(1) by the Department of Commerce and Economic
Opportunity to fund its public information programs on
recycling in those communities served by new municipal
waste incinerators; and
(2) by the Agency to fund its household hazardous waste
collection activities in those communities served by new

09800HB1391sam001 - 7 - LRB098 06709 JDS 45709 a
municipal waste incinerators.
(b) Any permit issued by the Agency for the development or
operation of a new municipal waste incinerator shall include
the following conditions:
(1) The incinerator must be designed to provide
continuous monitoring while in operation, with direct
transmission of the resultant data to the Agency, until the
Agency determines the best available control technology
for monitoring the data. The Agency shall establish the
test methods, procedures and averaging periods, as
certified by the USEPA for solid waste incinerator units,
and the form and frequency of reports containing results of
the monitoring. Compliance and enforcement shall be based
on such reports. Copies of the results of such monitoring
shall be maintained on file at the facility concerned for
one year, and copies shall be made available for inspection
and copying by interested members of the public during
business hours.
(2) The facility shall comply with the emission limits
adopted by the Agency under subsection (c).
(3) The operator of the facility shall take reasonable
measures to ensure that waste accepted for incineration
complies with all legal requirements for incineration. The
incinerator operator shall establish contractual
requirements or other notification and inspection
procedures sufficient to assure compliance with this

09800HB1391sam001 - 8 - LRB098 06709 JDS 45709 a
subsection (b)(3) which may include, but not be limited to,
routine inspections of waste, lists of acceptable and
unacceptable waste provided to haulers and notification to
the Agency when the facility operator rejects and sends
loads away. The notification shall contain at least the
name of the hauler and the site from where the load was
hauled.
(4) The operator may not accept for incineration any
waste generated or collected in a municipality that has not
implemented a recycling plan or is party to an implemented
county plan, consistent with State goals and objectives.
Such plans shall include provisions for collecting,
recycling or diverting from landfills and municipal
incinerators landscape waste, household hazardous waste
and batteries. Such provisions may be performed at the site
of the new municipal incinerator.
The Agency, after careful scrutiny of a permit application
for the construction, development or operation of a new
municipal waste incinerator, shall deny the permit if (i) the
Agency finds in the permit application noncompliance with the
laws and rules of the State, or (ii) the application indicates
that the mandated air emissions standards will not be reached
within six months of the proposed municipal waste incinerator
beginning operation, or (iii) the incinerator is located, or is
to be located, less than one and three-quarter miles from a
school or day care center in a county with at least 700,000,

09800HB1391sam001 - 9 - LRB098 06709 JDS 45709 a
but not more than 900,000, inhabitants.
Beginning on the effective date of this amendatory Act of
the 98th General Assembly, the Agency shall deny any
application for the renewal or amendment of a permit for the
construction, development, or operation of a new municipal
waste incinerator, or any other municipal waste incinerator, if
the incinerator is located, or is to be located, less than one
and three-quarter miles from a school or day care center in a
county with at least 700,000, but not more than 900,000,
inhabitants.
(c) The Agency shall adopt specific limitations on the
emission of mercury, chromium, cadmium and lead, and good
combustion practices, including temperature controls from
municipal waste incinerators pursuant to Section 9.4 of the
Act.
(d) The Agency shall establish household hazardous waste
collection centers in appropriate places in this State. The
Agency may operate and maintain the centers itself or may
contract with other parties for that purpose. The Agency shall
ensure that the wastes collected are properly disposed of. The
collection centers may charge fees for their services, not to
exceed the costs incurred. Such collection centers shall not
(i) be regulated as hazardous waste facilities under RCRA nor
(ii) be subject to local siting approval under Section 39.2 if
the local governing authority agrees to waive local siting
approval procedures.

09800HB1391sam001 - 10 - LRB098 06709 JDS 45709 a
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/39.8)
Sec. 39.8. Gasification conversion technology
demonstration permit.
(a) The purpose of this Section is to provide for the
permitting and limited testing of gasification conversion
technologies on a pilot scale basis.
(b) For purposes of this Section:
"Gasification conversion technology" or "GCT" means
the process of applying heat to municipal waste, chicken
litter, distillers grain, or switchgrass in order to
convert these materials into a synthetic gas ("syngas")
that meets specifications for use as a fuel for the
generation of electricity. To qualify as a GCT, the process
must not continuously operate at temperatures exceeding an
hourly average of 1,400 degrees Fahrenheit in the gasifier
unit, must not use fossil fuels in the gasifier unit, and
must be designed to produce more energy than it consumes.
"GCTDP" means a gasification conversion technology
demonstration permit issued by the Agency under this
Section.
(c) The Agency may, under the authority of subsection (b)
of Section 9 and subsection (a) of Section 39 of the Act, issue
a GCTDP to an applicant for limited field testing of a GCT in
order to demonstrate that the GCT can reliably produce syngas

09800HB1391sam001 - 11 - LRB098 06709 JDS 45709 a
meeting specifications for its use as fuel for the generation
of electricity. The GCTDP shall be subject to all of the
following conditions:
(1) The GCTDP shall be for a period not to exceed 180
consecutive calendar days from the date of issuance of the
permit.
(2) The applicant for a GCTDP must demonstrate that,
during the permit period, the GCT will not emit more than
500 pounds, in the aggregate, of particulate matter, sulfur
dioxide, organic materials, hydrogen chloride, and heavy
metals.
(3) The applicant for a GCTDP must perform emissions
testing during the permit period, as required by the
Agency, and submit the results of that testing to the
Agency as specified in the GCTDP within 60 days after the
completion of testing.
(4) During the permit period the applicant may not
process more than 10 tons per day, in the aggregate, of
materials in the gasification process. The applicant may
not store on site more than 10 tons, in the aggregate, of
waste and other materials of the types set forth in
subsection (b) of this Section.
(5) In addition to the GCTDP, the applicant must obtain
applicable waste management permits in accordance with
subsection (d) of Section 21 and subsection (a) of Section
39 before receiving waste at the facility. All waste

09800HB1391sam001 - 12 - LRB098 06709 JDS 45709 a
received at the facility must be managed in accordance with
the Act, the waste management permits, and applicable
regulations adopted pursuant to Section 22 of the Act.
(6) The applicant must demonstrate that the proposed
project meets the criteria defining a GCT in subsection (b)
of this Section.
(7) The applicant for a GCTDP shall submit application
fees in accordance with subsection (c) of Section 9.12 of
the Act, excluding the fees under subparagraph (B) of
paragraph (2) of subsection (c) of that Section.
(8) A complete application for a GCTDP must be filed in
accordance with this Section and submitted to the Agency
prior to one year from the effective date of this
amendatory Act of the 96th General Assembly.
(9) The GCTDP shall not be granted for use in a
nonattainment area.
(10) The GCTDP shall not be granted if any portion of
the site upon which the GCT is located is less than one and
three-quarter miles from a school or day care center in a
county with at least 700,000, but not more than 900,000,
inhabitants.
(Source: P.A. 96-887, eff. 4-9-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".