Bill Text: IL HB4818 | 2021-2022 | 102nd General Assembly | Chaptered

Bill Title: Amends the Environmental Protection Act. Provides that the disposal by incineration of any perfluoroalkyl and polyfluoroalkyl substance, including, but not limited to, aqueous film forming foam, is prohibited. Provides the Illinois Environmental Protection Agency with rulemaking authority. Provides that if a rule or regulation is published by the USEPA regarding all or part of the subjects of these provisions, the rule or regulation shall be controlling over these provisions. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2022-06-08 - Public Act . . . . . . . . . 102-1048 [HB4818 Detail]

Download: Illinois-2021-HB4818-Chaptered.html

Public Act 102-1048
HB4818 EnrolledLRB102 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. TRI-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 the use of a thermal oxidizer as a pollution
control or resource recovery device at a facility that is
using perfluoroalkyl or polyfluoroalkyl substances or
chemicals containing perfluoroalkyl or polyfluoroalkyl
"Toxic Release Inventory Perfluoroalkyl and
Polyfluoroalkyl Substances" or "TRI-PFAS" means the
chemicals on the list of perfluoroalkyl and
polyfluoroalkyl substances set forth in the USEPA's Toxic
Release Inventory rules, developed under Section 313 of
the federal Emergency Planning and Community Right-To-Know
Act (EPCRA) and codified in 40 CFR 372.65, excluding
liquid or gaseous fluorocarbon or chlorofluorocarbon
products used chiefly as refrigerants.
(b) No person shall dispose of any TRI-PFAS by
incineration, including, but not limited to, aqueous
film-forming foam that contains TRI-PFAS. 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 the incineration of
(i) landfill gas from the decomposition of waste that may
contain any perfluoroalkyl or polyfluoroalkyl substances at a
permitted sanitary landfill, (ii) landfill gas in a landfill
gas recovery facility that is located at a sanitary landfill,
(iii) waste at a permitted hospital, medical, and infectious
waste incinerator that meets the requirements of Subpart HHH
of 40 CFR Part 62, Subpart Ec of 40 CFR Part 60, or the
Board-adopted State Plan requirements for hospital, medical,
and infectious waste incinerators, as applicable, or (iv)
sludges, biosolids, or other solids or by-products generated
at or by a municipal wastewater treatment plant or facility.
Section 99. Effective date. This Act takes effect upon
becoming law.