Bill Text: IL HB5198 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Environmental Protection Act. Provides that the portion of a site or facility that receives, separates, stores, and converts post-use polymers into crude oil, fuels, or other raw materials or intermediate or final products or feedstocks using a pyrolysis or gasification process and is regulated under the State's air, water, and waste regulations applicable to manufacturing facilities is not a pollution control facility under the Act. Provides that the definition of "waste" does not include post-use polymers or nonrecycled feedstocks processed through pyrolysis or gasification. Makes changes to the definition for "municipal waste incineration" in provisions concerning municipal waste incineration emission standards. Defines terms. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-08 - Session Sine Die [HB5198 Detail]
Download: Illinois-2017-HB5198-Engrossed.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Sections 3.535 and 9.4 and by adding Sections 3.201, | ||||||
6 | 3.202, 3.299, 3.336, 3.366, and 3.367 as follows:
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7 | (415 ILCS 5/3.201 new) | ||||||
8 | Sec. 3.201. Gasification. "Gasification" means a process | ||||||
9 | through which nonrecycled feedstocks are heated and converted | ||||||
10 | into a fuel-gas mixture in an oxygen-deficient atmosphere and | ||||||
11 | the mixture is converted into fuels, including ethanol and | ||||||
12 | transportation fuels, chemicals, or other chemical feedstocks. | ||||||
13 | "Gasification" is not waste incineration or waste treatment.
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14 | (415 ILCS 5/3.202 new) | ||||||
15 | Sec. 3.202. Gasification facility. "Gasification facility" | ||||||
16 | means a manufacturing facility that: (1) receives, separates, | ||||||
17 | stores and converts post-use polymers and nonrecycled | ||||||
18 | feedstocks using gasification; and (2) only receives materials | ||||||
19 | that have been source separated off-site at least once before | ||||||
20 | being received at the gasification facility. A "gasification | ||||||
21 | facility" is not a pollution control facility, a solid waste | ||||||
22 | treatment facility, or a solid waste incineration facility.
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1 | (415 ILCS 5/3.299 new) | ||||||
2 | Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled | ||||||
3 | feedstocks" means one or more of the following materials, | ||||||
4 | derived from nonrecycled waste, that has been processed so that | ||||||
5 | it may be used as feedstock in a gasification facility: | ||||||
6 | (1) post-use polymers; and | ||||||
7 | (2) materials, including, but not limited to, | ||||||
8 | municipal solid waste that contains post-use polymers and | ||||||
9 | other post-industrial waste containing post-use polymers | ||||||
10 | that has been processed into a fuel or feedstock for which | ||||||
11 | the United States Environmental Protection Agency has made | ||||||
12 | a non-waste determination under 40 CFR 241.3(c) or | ||||||
13 | otherwise determined are not wastes or for which the Board | ||||||
14 | has made a non-waste determination.
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15 | (415 ILCS 5/3.336 new) | ||||||
16 | Sec. 3.336. Post-use polymers. "Post-use polymers" means | ||||||
17 | plastic polymers that: (1) derive from any household, | ||||||
18 | industrial, community, commercial, or other sources of | ||||||
19 | operations or activities that might otherwise become a waste if | ||||||
20 | not recycled or converted to manufacture crude oil, fuels, or | ||||||
21 | other raw materials or intermediate or final products using | ||||||
22 | pyrolysis or gasification; and (2) are not mixed with solid | ||||||
23 | waste, infectious waste, hazardous waste, e-waste, tires, or | ||||||
24 | construction demolition debris. "Post-use polymers" may |
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1 | contain incidental contaminants or impurities such as paper | ||||||
2 | labels or metal rings. "Post-use polymers" are not waste.
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3 | (415 ILCS 5/3.366 new) | ||||||
4 | Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing | ||||||
5 | process through which post-use polymers are heated in the | ||||||
6 | absence of oxygen until melted, and thermally decomposed, and | ||||||
7 | are then cooled, condensed, and converted to: | ||||||
8 | (1) crude oil, diesel, gasoline, home heating oil, or | ||||||
9 | another fuel; | ||||||
10 | (2) feedstocks; | ||||||
11 | (3) diesel and gasoline blendstocks; | ||||||
12 | (4) chemicals, waxes, or lubricants; or | ||||||
13 | (5) other raw materials or intermediate or final | ||||||
14 | products. | ||||||
15 | "Pyrolysis" is not waste incineration or waste treatment.
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16 | (415 ILCS 5/3.367 new) | ||||||
17 | Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means | ||||||
18 | a manufacturing facility that: (1) receives, separates, | ||||||
19 | stores, and converts post-use polymers using pyrolysis; and (2) | ||||||
20 | only receives materials that have been source separated | ||||||
21 | off-site at least once before being received at the pyrolysis | ||||||
22 | facility. A "pyrolysis facility" is not a pollution control | ||||||
23 | facility, a solid waste treatment facility, or a solid waste | ||||||
24 | incineration facility.
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1 | (415 ILCS 5/3.535) (was 415 ILCS 5/3.53)
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2 | Sec. 3.535. Waste.
"Waste" means any garbage, sludge from | ||||||
3 | a waste treatment plant,
water supply treatment plant, or air | ||||||
4 | pollution control facility or other
discarded material, | ||||||
5 | including solid, liquid, semi-solid, or contained
gaseous | ||||||
6 | material resulting from industrial, commercial, mining and
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7 | agricultural operations, and from community activities, but | ||||||
8 | does not
include solid or dissolved material in domestic | ||||||
9 | sewage, or solid or
dissolved materials in irrigation return | ||||||
10 | flows, or coal combustion
by-products as defined in Section | ||||||
11 | 3.135, or post-use polymers or nonrecycled feedstocks | ||||||
12 | processed through pyrolysis or gasification, provided that the | ||||||
13 | materials have been source separated at least once before being | ||||||
14 | received at the pyrolysis or gasification facility, or | ||||||
15 | industrial
discharges which are point sources subject to | ||||||
16 | permits under Section
402 of the Federal Water Pollution | ||||||
17 | Control Act, as now or hereafter
amended, or source, special | ||||||
18 | nuclear, or by-product materials as
defined by the Atomic | ||||||
19 | Energy Act of 1954, as amended (68 Stat. 921)
or any solid or | ||||||
20 | dissolved material from any facility subject to
the Federal | ||||||
21 | Surface Mining Control and Reclamation Act of 1977 (P.L.
95-87) | ||||||
22 | or the rules and regulations thereunder or any law or rule or
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23 | regulation adopted by the State of Illinois pursuant thereto.
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24 | (Source: P.A. 92-574, eff. 6-26-02.)
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1 | (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
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2 | Sec. 9.4. Municipal waste incineration emission standards.
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3 | (a) The General Assembly finds:
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4 | (1) That air pollution from municipal waste | ||||||
5 | incineration may constitute
a threat to public health, | ||||||
6 | welfare and the environment. The amounts and
kinds of | ||||||
7 | pollutants depend on the nature of the waste stream, | ||||||
8 | operating
conditions of the incinerator, and the | ||||||
9 | effectiveness of emission controls.
Under normal operating | ||||||
10 | conditions, municipal waste incinerators produce
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11 | pollutants such as organic compounds, metallic compounds | ||||||
12 | and acid gases
which may be a threat to public health, | ||||||
13 | welfare and the environment.
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14 | (2) That a combustion and flue-gas control system, | ||||||
15 | which is properly
designed, operated and maintained, can | ||||||
16 | substantially reduce the emissions
of organic materials, | ||||||
17 | metallic compounds and acid gases from municipal
waste | ||||||
18 | incineration.
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19 | (b) It is the purpose of this Section to insure that | ||||||
20 | emissions from new
municipal waste incineration facilities | ||||||
21 | which burn a total of 25 tons or
more of municipal waste per | ||||||
22 | day are adequately controlled.
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23 | Such facilities shall be subject to emissions limits and | ||||||
24 | operating
standards based upon the application of Best | ||||||
25 | Available Control Technology,
as determined by the Agency, for | ||||||
26 | emissions of the following categories of
pollutants:
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1 | (1) particulate matter, sulfur dioxide and nitrogen | ||||||
2 | oxides;
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3 | (2) acid gases;
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4 | (3) heavy metals; and
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5 | (4) organic materials.
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6 | (c) The Agency shall issue permits, pursuant to Section 39, | ||||||
7 | to new
municipal waste incineration facilities only if the | ||||||
8 | Agency finds that such
facilities are designed, constructed and | ||||||
9 | operated so as to comply with the
requirements prescribed by | ||||||
10 | this Section.
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11 | Prior to adoption of Board regulations under subsection (d) | ||||||
12 | of this
Section the Agency may issue permits for the | ||||||
13 | construction of new municipal
waste incineration facilities. | ||||||
14 | The Agency determination of Best Available
Control Technology | ||||||
15 | shall be based upon consideration of the specific
pollutants | ||||||
16 | named in subsection (d), and emissions of particulate matter,
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17 | sulfur dioxide and nitrogen oxides.
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18 | Nothing in this Section shall limit
the applicability of | ||||||
19 | any other Sections of this Act, or of other standards
or | ||||||
20 | regulations adopted by the Board, to municipal waste | ||||||
21 | incineration
facilities. In issuing such permits, the Agency | ||||||
22 | may prescribe those
conditions necessary to assure continuing | ||||||
23 | compliance with the emission
limits and operating standards | ||||||
24 | determined pursuant to subsection (b); such
conditions may | ||||||
25 | include the monitoring and reporting of emissions.
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26 | (d) Within one year after July 1, 1986, the Board shall |
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1 | adopt regulations pursuant to Title
VII of this Act, which | ||||||
2 | define the terms in items (2), (3) and (4) of subsection
(b) of | ||||||
3 | this Section which are to be used by the Agency in making its
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4 | determination pursuant to this Section. The provisions of | ||||||
5 | Section 27(b) of
this Act shall not apply to this rulemaking.
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6 | Such regulations shall be written so that the categories of | ||||||
7 | pollutants
include, but need not be limited to, the following | ||||||
8 | specific pollutants:
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9 | (1) hydrogen chloride in the definition of acid gases;
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10 | (2) arsenic, cadmium, mercury, chromium, nickel and | ||||||
11 | lead in the
definition of heavy metals; and
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12 | (3) polychlorinated dibenzo-p-dioxins, polychlorinated | ||||||
13 | dibenzofurans and
polynuclear aromatic hydrocarbons in the | ||||||
14 | definition of organic materials.
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15 | (e) For the purposes of this Section, the term "Best | ||||||
16 | Available Control
Technology" means an emission limitation
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17 | (including a visible emission standard) based on the maximum | ||||||
18 | degree of
pollutant reduction which the Agency, on a | ||||||
19 | case-by-case basis, taking into
account energy, environmental | ||||||
20 | and economic impacts, determines is
achievable through the | ||||||
21 | application of production processes or available
methods, | ||||||
22 | systems and techniques, including fuel cleaning or treatment or
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23 | innovative fuel combustion techniques. If the Agency | ||||||
24 | determines that
technological or economic limitations on the | ||||||
25 | application of measurement
methodology to a particular class of | ||||||
26 | sources would make the imposition of
an emission standard not |
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1 | feasible, it may instead prescribe a design,
equipment, work | ||||||
2 | practice or operational standard, or combination thereof,
to | ||||||
3 | require the application of best available control technology. | ||||||
4 | Such standard
shall, to the degree possible, set forth the | ||||||
5 | emission reduction achievable by
implementation of such | ||||||
6 | design, equipment, work practice or operation and
shall provide | ||||||
7 | for compliance by means which achieve equivalent results.
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8 | (f) "Municipal waste incineration" means the burning of | ||||||
9 | municipal waste
or fuel derived therefrom in a combustion | ||||||
10 | apparatus designed to burn
municipal waste that may produce | ||||||
11 | electricity or steam as a by-product. A
"new municipal waste | ||||||
12 | incinerator" is an incinerator initially permitted for
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13 | development or construction after January 1, 1986. As used in | ||||||
14 | this Section, "municipal waste" or "municipal waste or fuel | ||||||
15 | derived therefrom" do not include: (i) post-use polymers or | ||||||
16 | nonrecycled feedstocks that are converted into crude oil or | ||||||
17 | refined into fuels or feedstocks using a pyrolysis or | ||||||
18 | gasification process; and (ii) non-hazardous secondary | ||||||
19 | material that is excluded from solid waste when used | ||||||
20 | legitimately as a fuel or ingredient in a combustion unit in | ||||||
21 | accordance with the standards and criteria set forth in 40 CFR | ||||||
22 | 241.
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23 | (g) The provisions of this Section shall not apply to | ||||||
24 | industrial
incineration facilities that burn waste generated | ||||||
25 | at the same site.
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26 | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
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