Bill Text: IL HB5410 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Environmental Protection Act. Removes language concerning notice of a demolition conducted at a coal-fueled power plant. Sets forth notice requirements before any person may obtain a permit for the demolition of a thermal power plant. Provides for civil penalties for notice violations not to exceed $1,000 for the first violation and not to exceed $5,000 for each subsequent violation. Provides that civil penalties collected must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. Requires at least one public meeting with the impacted community to discuss proposed demolition and sets forth requirements for a public meeting. Requires a comprehensive air quality plan that investigates air quality impacts from fugitive dust prior to implosion and establishes a plan for the monitoring of PM10 in the air before, during, and after implosion activities to be prepared and submitted to the Environmental Protection Agency for approval before a person may obtain a permit for the demolition of a thermal power plant via implosion. Sets forth requirements for a comprehensive air quality plan. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5410 Detail]

Download: Illinois-2021-HB5410-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5410 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
415 ILCS 5/3.141
Amends the Environmental Protection Act. Renames section as power plant demolition transparency and air protection. Sets forth notice requirements before any person may obtain a permit for the demolition of a thermal power plant. Provides for civil penalties for notice violations not to exceed $1,000 for the first violation and not to exceed $5,000 for each subsequent violation. Provides that civil penalties collected must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. Requires at least one public meeting with the impacted community to discuss proposed demolition and sets forth requirements for public meetings. Requires a person to prepare and submit to the Environmental Protection Agency for approval a comprehensive air quality plan that investigates air quality impacts from fugitive dust prior to implosion and establishes a plan for the monitoring of PM10 in the air before, during, and after implosion activities, before that person may obtain a permit for the demolition of a thermal power plant via implosion. Sets forth requirements for a comprehensive air quality plan. Defines terms. Effective immediately.
LRB102 25374 CPF 34654 b
A BILL FOR
HB5410 LRB102 25374 CPF 34654 b
AN ACT concerning environmental 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
changing Section 3.141 as follows:
(415 ILCS 5/3.141)
Sec. 3.141. Power plant demolition transparency and air
protection Notice of power plant demolition.
(a) In this Section, the following definitions apply:
"Agency" means the Environmental Protection Agency.
"Air quality monitoring plan" means the air quality
monitoring plan required to be included in the
comprehensive plan.
"Demolition" means any of the following activities
conducted in relation to a thermal power plant:
(A) the demolition of a smokestack;
(B) the demolition of an entire building or
structure;
(C) the demolition of substantially all of the
above-grade portion of a building or structure; or
(D) the alteration of an existing building to
permanently reduce its building area via demolition.
"Dust mitigation plan" means the dust monitoring plan

HB5410 - 2 - LRB102 25374 CPF 34654 b
required to be included in the air quality plan.
"Fugitive dust" means any solid particulate matter
that becomes airborne by natural or human-made activities,
excluding engine combustion exhaust and particulate matter
emitted from a properly permitted exhaust stack equipped
with a pollution control device.
"Implosion" means the use of explosives for the
demolition of buildings or other structure.
"Notify" means to conduct all of the following
activities in the context of a demolition process:
(A) post notices in both physical and online form
in a newspaper of general circulation within 25 miles
of where the thermal power plant is located (or, if a
newspaper is unavailable, using appropriate broadcast
media such as radio or television);
(B) mail or hand-deliver notices to the Agency and
all residents within a one-mile radius from the
property line of the thermal power plant site;
(C) post the notices in conspicuous public
locations;
(D) request that the Agency email the notices to
the Agency's listserv for the facility;
(E) establish a publicly accessible website that
can be visited without providing login credentials and
that functions as a repository for all
demolition-related communications and documents and

HB5410 - 3 - LRB102 25374 CPF 34654 b
all public notices;
(F) create phone, email, and text lists to notify
of 60-day periods, public meetings, and specific
demolition dates;
(G) use State or municipal phone and mobile alert
systems to notify residents of public meetings and
specific demolition days (including safety protocols
for demolition days).
"Particulate Emission Potential" or "PEP" means the
potential for in situ soils to be dispersed by wind or by
physical disturbance as determined using the procedures
described in paragraph (4) of subsection (c) of this
Section.
"Public" means the residents of any town, village, or
city in the State that is within 25 miles of a thermal
power plant at which demolition is to be conducted;
"Thermal power plant" means a facility that currently
produces or has ever produced electricity using a thermal
generation technology; this definition includes, at a
minimum, generation facilities creating power using coal,
gas, or nuclear fuel as inputs.
"Recognized Environmental Conditions" or "REC" means
the presence or likely presence of any hazardous
substances or petroleum products on a property under
conditions that indicate an existing release, a past
release, or a material threat of a release of any

HB5410 - 4 - LRB102 25374 CPF 34654 b
hazardous substances or petroleum products into structures
on the property or into the ground, groundwater, or
surface water of the property.
"Site" means real property containing a building or
structure to be demolished and all structures, equipment,
and ancillary fixtures on a site used in or to support the
demolition. A site may include, but is not limited to,
structures, buildings, scales, roadways, parking areas,
queuing areas, fences, processing equipment, processing
areas, staging or stockpiling areas, and monitoring
stations.
"Site cleanup plan" means the site cleanup plan
required to be included in the comprehensive plan. If a
demolition is conducted at a coal-fueled power plant, the
owner of the coal-fueled power plant shall, at least 60
days before commencing the demolition or as otherwise
required under State or federal law, notify the Agency and
the public about the demolition and provide the Agency and
the public with copies of any plans for the demolition.
The notice shall comply with the following:
(1) The notice must be provided, where applicable, in
both physical and online form in a newspaper of general
circulation within 25 miles of where the coal-fueled power
plant is located. The notice must also be posted in
physical form in 3 prominent public places and, where
applicable, posted on a relevant municipal website.

HB5410 - 5 - LRB102 25374 CPF 34654 b
(2) The notice must include reference to any relevant
permits issued to the coal-fueled power plant in relation
to the demolition, with express instructions stating how
to access a copy of the permits.
(3) The notice must include the following information:
(A) The date and time of any scheduled demolition
activity.
(B) The portion of the coal-fueled power plant
that is set for demolition.
(C) Any potential contaminants associated with the
demolition.
(D) The business name of any company that will
perform the demolition in whole or in part.
(E) Information on any applicable permits.
(F) Whether any unlined CCR surface impoundment or
public water source is near the coal-fueled power
plant.
(G) Details of the preventative measures
implemented by the coal-fueled power plant to control,
mitigate, or prevent any pollution from occurring.
(b) Notification requirements. Before any person may
obtain a permit for the demolition of a thermal power plant,
the person must notify and provide a copy of the plans for
demolition to the public at least 60 days, or as otherwise
required under State or federal law, before the anticipated
date of initiation of demolition.

HB5410 - 6 - LRB102 25374 CPF 34654 b
(1) Notices must include the following information:
(A) the date and time of the scheduled demolition
activity;
(B) the portion of the facility that is set for
demolition;
(C) the amount of demolition debris anticipated,
expressed in terms of both weight and volume and
broken down by major category if multiple waste
streams will result from the demolition, how and where
it will be transported, and how and where it will
ultimately be disposed or otherwise repurposed;
(D) the Agency approved operating program as
described in the Illinois Administrative Code;
(E) the date, time, and location of the public
meeting required under paragraph 4 of this subsection
(b), along with a reference to the statute requiring
said public meeting;
(F) a description of potential demolition impacts
including, but not limited to, a list of potential
contaminants in the demolition debris broken down by
major waste stream, if applicable, dates, hours, and
decibels of noise anticipated, and dates and hours of
road closures anticipated;
(G) the owner's or operator's contact information,
as well as the business name of each demolition
company that will be performing the demolition in

HB5410 - 7 - LRB102 25374 CPF 34654 b
whole or in part;
(H) information on any applicable permits,
including any permits issued to the facility in
relation to the demolition, with express instructions
explaining how to access a copy of each permit;
(I) whether there are any unlined CCR surface
impoundments at or nearby the facility or public water
sources or private wells within 2,500 feet of the
facility;
(J) a detailed description of the preventative
measures that will be implemented by the facility to
control, mitigate, or prevent from occurring any air,
soil, or water pollution during the demolition;
(K) the address of the Internet website to which
the information required by subparagraphs (C) and (G)
of paragraph (4) of this subsection (b) will be posted
and the date on which the required information will be
posted to the Internet website;
(L) instructions for how to join phone, mail, or
text lists for notification periods, public meetings,
and specific demolition dates; and
(M) when a proposed demolition activity is located
in an area with 10% or more non-English speaking
residents, non-English versions of all of the above
reflecting local language prevalence.
(2) In the event of a change to the schedule, the owner

HB5410 - 8 - LRB102 25374 CPF 34654 b
or operator must update the publicly accessible Internet
website at least 7 days prior to the new demolition date.
(3) Civil penalties for notice violations. An owner or
operator who violates the notice requirements is subject
to a civil penalty not to exceed $1,000 for the first
violation and a civil penalty not to exceed $5,000 for
each subsequent violation. Civil penalties collected under
this Section must be deposited into the Environmental
Protection Trust Fund to be used in accordance with the
provisions of the Environmental Protection Trust Fund Act.
(4) Public Meeting. At least 30 days before the
submission of a permit, if required, for demolition of a
thermal power plant, and at least 30 days after providing
notice pursuant to this Section, the owner or operator of
the facility must hold at least one public meeting within
the impacted community to discuss the proposed demolition,
subject to the following rules:
(A) This public meeting must begin after 5:00 p.m.
in the evening and be located at a venue that is
accessible to persons with disabilities; and the owner
or operator must provide reasonable accommodations, as
defined in the Americans with Disabilities Act, 42
U.S.C. § 12101 et seq., upon request.
(B) When a proposed demolition project is located
in an area with 10% or more non-English speaking
residents, the owner or operator must provide

HB5410 - 9 - LRB102 25374 CPF 34654 b
translation services during the public meeting
required by this Section, if requested by a
non-English speaking member of the public.
(C) At least 14 days before holding a public
meeting, the owner or operator of the facility must
post to the owner's or operator's publicly accessible
Internet website:
(i) all documentation relied upon in making a
permit application; and
(ii) the facility's Agency approved operating
program.
(D) At the public meeting, the owner or operator
of the facility or the demolition company performing
the demolition must:
(i) present the schedule and process for the
demolition, which must cover the noise, air
quality, environmental, public health, and any
other community (e.g., road closures) impacts
expected from the demolition, as well as a summary
of the operating program, including control
equipment and best management practices that will
be used to reduce fugitive particulate matter
emissions.
(ii) include a question and answer portion of
the meeting to allow the public to ask questions;
and

HB5410 - 10 - LRB102 25374 CPF 34654 b
(iii) ensure the presence of representatives
from the owner or operator that are qualified and
knowledgeable enough to answer the questions posed
by the public.
(E) The Agency shall have a representative present
at the public meeting, familiar with the thermal power
plant's operating program and the Agency's review of
the operating program, as well as the demolition
requirements. The Agency representative shall be
prepared to respond to and answer questions from the
public regarding its review and the operating program
itself.
(F) The owner or operator of the facility or the
demolition company must respond to all questions in
writing no later than 14 days after the meeting. The
owner or operator must respond on the post owner's or
operator's publicly accessible Internet website.
(G) The public meeting should be made available to
watch and participate in a meaningful way online and
recorded. The recording should be made available on
the owner's or operator's publicly accessible Internet
website.
(H) Within 15 days following the public meeting,
the owner or operator must distribute a general
summary of the issues raised by the public, as well as
a response to those issues or comments raised by the

HB5410 - 11 - LRB102 25374 CPF 34654 b
public. This summary must be distributed to any
attendee who requests a copy at the public meeting.
(5) Consistency with air quality plan. The
notification and public meetings required under this
subsection shall be designed at a minimum to ensure the
public is given meaningful opportunity to review the air
quality plan set forth in this Section, and to provide
public feedback that plan before the Agency determines
whether to approve or deny the air quality plan. In this
Section, "public" means the population of a town, village,
or city in the State of Illinois that is within 25 miles of
a coal-fueled power plant at which demolition is to be
conducted.
(c) Air Quality Plan. Before any person may obtain a
permit for the demolition of a thermal power plant via
implosion, the person must prepare and submit to the Agency
for approval a comprehensive air quality plan that
investigates air quality impacts from fugitive dust prior to
implosion and a establishes plan for the monitoring of PM10 in
the air before, during, and after implosion activities. The
air quality plan shall include, but may not be limited to, the
following:
(1) An air dispersion modeling study using
computational fluid dynamic simulation such as finite
element method, applied element method, or other methods
approved by the Agency. The study shall simulate dust

HB5410 - 12 - LRB102 25374 CPF 34654 b
propagation generated from the implosion under varying
wind speeds, wind directions, and weather stability
classes (unstable, neutral, and stable). The model shall
calculate the concentrations of PM10 in the dust plume
generated from the impact of the collapsed building or
structure with the ground. Its results shall inform the
placement of air monitors, as well as the dust mitigation
plan and the site cleanup plan, and traffic management
plans and the siting of protection and exclusion zones
onsite and offsite. The model shall produce the following
outputs superimposed over aerial or satellite imagery:
(A) PM10 concentration contours;
(B) PM10 concentration versus time at the source,
in the surrounding public way, and at sensitive areas
offsite; and
(C) maximum PM10 concentrations at the areas
specified above; and computer-generated videos for the
estimated dust cloud propagation and dissipation.
(2) Air monitoring of the air upwind and downwind at
the site, as well the air at sensitive areas within 1,000
feet of the site or within the plume modeled in paragraph
(1), whichever distance is greater, for PM10. Such
modeling shall be conducted at least for a 24-hour
duration one week prior, the day of, and one week
following the implosion until air monitoring confirms that
the hourly and 24-hour PM10 levels are back to normal,

HB5410 - 13 - LRB102 25374 CPF 34654 b
pre-Implosion levels. PM10 levels shall be considered
normal when the measured PM10 levels are within the
historic mean, plus or minus the standard deviation,
within the last three years, unless the Agency has reason
to believe that the site is still causing PM10 levels to be
elevated. Historic PM10 data shall be based on data
collected from the nearest ambient air quality station
operated by the Agency or other data sources approved by
the Agency.
(A) In conjunction with the above PM10 monitoring,
air samples shall be collected at all monitored
locations for analysis of lead using NIOSH Method
7300, 7302 or 7303; asbestos fibers using NIOSH
Method(s) 7400 and/or 7402; silica using NIOSH Method
7500 or 7602; respirable particulates using NIOSH
Method 0600; and total dust using NIOSH Method 0500.
The Agency may approve alternate test methods or
require the use of United States Environmental
Protection Agency methods, depending on site-specific
factors. The Agency may also require the air sampling
of any or all RECs that may be emitted into the air by
the implosion. The PM10 monitoring shall be conducted
using instruments designated as Federal Equivalent
Method (FEM) by the United States Environmental
Protection Agency.
(B) The air quality plan shall also include

HB5410 - 14 - LRB102 25374 CPF 34654 b
operation, according to manufacturer's specifications,
a weather station, or other permanent device to
monitor and record wind speed and wind direction,
along with the corresponding temperature, barometric
pressure, and relative humidity at or near the site.
The readings shall be taken at an unobstructed,
unsheltered area, unimpacted by the implosion, and at
a minimum height of 10 meters above ground level,
unless another height is appropriate pursuant to
applicable US Environmental Protection Agency
protocols and guidance.
(3) A dust mitigation plan that demonstrates that
adequate precautions and best practices are employed to
minimize fugitive dust; as well as demonstrates that a
robust contingency plan will be in place in case the above
primary measures fail to control or minimize fugitive
dust.
(4) Evaluation of onsite surficial soil for
particulate emission potential (PEP), which shall be
calculated by plotting the soil's fines content against
its optimal moisture content. The fines content shall be
determined using ASTM D1140-17, while the optimum moisture
content shall be measured using ASTM D1557 or AASHTO T180-
D. Alternate methods may be used with prior written
approval from the Agency. The results of the investigation
shall be depicted on a site map showing the PEP of unpaved

HB5410 - 15 - LRB102 25374 CPF 34654 b
surfaces at the site.
(5) Dust mitigation measures that will be implemented
to limit the generation and dispersion of fugitive dust.
Such measures shall include, but are not limited to, the
following best practices:
(A) The thorough sweeping of paved surfaces using
a sweeper effective at removing fine particulates.
(B) Adequate wetting of all unpaved areas. The
operator shall ensure that surficial soils within the
ground impact area and 50% beyond are thoroughly
saturated up to a depth of four inches, or otherwise
treated using a method or methods approved by the
Agency, on the day of and within one hour prior to the
implosion, or within the closest timeframe allowed by
safety protocol.
(C) Employing misting cannons around the building,
structure, or both at strategic locations and
elevations determined based on the results of the air
dispersion modeling in paragraph (1) of this
subsection.
(D) Applying water to debris immediately following
blast and safety clearance.
(E) Restricting traffic and operations to paved
areas or stabilized surfaces. Soils exhibiting a High
PEP should be fenced off or otherwise demarcated to
prevent disturbance, or shall be effectively

HB5410 - 16 - LRB102 25374 CPF 34654 b
stabilized, removed or covered if vehicle traffic or
operations will occur over these areas.
(6) A contingency plan describing the contingency
measures to be implemented if the above control measures
fail to adequately control dust emissions. In addition,
the plan must describe the steps that will be taken to
verify that a dust control measure is working and, upon
discovery of an inadequacy, the steps that will be taken
to initiate a contingency measure.
(7) A site cleanup plan, to remove dust, debris, and
litter from the surrounding impacted area as expeditiously
and as safely possible to minimize disruption to the
community. The site cleanup plan shall include, but is not
limited to, the following:
(A) the use of a street sweeper to clean impacted
paved areas. The street sweeper shall be equipped with
a waterless dust suppression system comprised of
vacuum assist and filtration for pickup and mitigation
of potential fugitive fine particulates, and
PM10-certified by Canada's Environmental Technology
Verification Program or as approved by the Agency;
(B) the cleaning of impacted parkways and private
properties (with owner permission);
(C) inspection protocols that ensure impacted
areas are returned to pre-implosion conditions; and
(D) a staffing plan and equipment list necessary

HB5410 - 17 - LRB102 25374 CPF 34654 b
to execute the cleanup.
(Source: P.A. 102-631, eff. 8-27-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.