HB5410ham001 102ND GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 2/9/2022

10200HB5410ham001 LRB102 25374 CPF 36139 a

AMENDMENT TO HOUSE BILL 5410

AMENDMENT NO. ______. Amend House Bill 5410 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 3.141-5 as follows:

(415 ILCS 5/3.141-5 new)

Sec. 3.141-5. Power plant demolition transparency and air protection.

(a) As used in this Section:

"Air quality plan" means the air quality plan established under subsection (j).

"Demolition" means any of the following activities conducted in relation to a thermal power plant:

(1) The demolition of a smokestack.

(2) The demolition of an entire building or structure.

(3) The demolition of substantially all of the above-grade portion of a building or structure.

(4) The alteration of an existing building to permanently reduce its building area via demolition.

"Dust mitigation plan" means the dust mitigation plan required to be included in the air quality plan.

"Fugitive dust" means fugitive particulate matter or any particulate matter emitted into the atmosphere other than through a stack, provided that nothing in this definition shall exempt any emission unit from compliance with any provision of 35 Ill. Adm. Code 212 otherwise applicable merely because of the absence of a stack.

"Implosion" means the use of explosives for the demolition of buildings or other structures.

"Owner or operator" means the owner or operator of a thermal power plant and includes agents, representatives, and any persons acting on behalf of an owner or operator of the thermal power plant.

"Particulate emission potential" means the potential for particulates from existing soils at the site to be dispersed by wind or by physical disturbance as determined using the procedures described in subparagraph (C) of paragraph (3) of subsection (j).

"Recognized environmental condition" means the presence or likely presence of any hazardous substance or petroleum product on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substance or petroleum product into a structure on the property or into the ground, ground water, or surface water of the property.

"Sensitive area" means any residentially-zoned or mixed-used property with residential use, a park, a hospital, a clinic, a church, a day-care, or a school.

"Site" means real property containing a building or structure to be demolished, and all structures, equipment, and ancillary fixtures thereon, used in or to support the demolition. "Site" includes, 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 in paragraph (5) of subsection (j).

"Thermal power plant" or "plant" means a facility that currently produces or has ever produced electricity using a thermal generation technology. "Thermal power plant" or "plant" includes, at a minimum, generation facilities creating power using coal, gas, or nuclear fuel as inputs. "Thermal power plant" or "plant" does not include buildings that are exclusively administrative or exclusively office buildings.

(b) Before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must satisfy the notification requirements under subsection (c) and obtain an Agency-approved air quality plan as specified under subsection (j).

(c) Before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must notify the public at least 60 days before the anticipated date of the implosion. Notification must be conducted through all of the following activities:

(1) Posting notices in both physical and online form in a newspaper of general circulation within 25 miles of where the thermal power plant is located. Where a newspaper is unavailable, the owner or operator may use appropriate broadcast media such as radio or television.

(2) Mailing or hand-delivering notices to the Agency and all residents within at least a one-mile radius from the property line of the thermal power plant site; the radius requirement is subject to the discretion of the Agency and may be extended dependent on site-specific characteristics including, but not limited to, surrounding area population density, method of demolition, and pollution constituents associated with the demolition site.

(3) Posting the notices on-site and in conspicuous public locations, such as grocery stores, public libraries, schools, municipal buildings, and pharmacies.

(4) Establishing and posting on a publicly accessible website that can be visited without providing login credentials and that functions as a repository, all demolition-related communications, notices, and documents as specified in subsection (e).

(5) Creating and sending alerts to phone, email, and text lists to announce the public meeting and specific demolition dates.

(6) Requesting that the Agency email the notices to the Agency's listserv, created under paragraph (7), for the plant.

(7) For each plant subject to this Act, the Agency must create and maintain a listserv. Each listserv must include the email addresses of all interested persons who notify the Agency in writing, either directly through the Agency or indirectly through the owner or operator, of the person's respective email addresses and that the person would like to receive emails of notices concerning the plant.

(d) The notice required under subsection (c) must include the following information:

(1) The owner or operator's contact information, as well as the business name of each company that will be performing the demolition in whole or in part.

(2) The date and time of the scheduled demolition.

(3) The portion of the plant that is set for demolition.

(4) The amount of demolition debris anticipated, expressed in terms of both weight and volume and categorized according to waste stream 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 of or otherwise repurposed.

(5) The date, time, and location of the public meeting required under subsection (g), along with a reference to the statute requiring the public meeting.

(6) The address of the publicly accessible website.

(7) Instructions for how to join phone, email, or text lists required under paragraph (5) of subsection (c) for future notices, public meetings, and specific demolition dates.

(e) The information posted to the website must be made available to the public on the website until 3 years after the demolition ends. The content of the notice shall be available on the home page of the website and the following information must be available through the publicly accessible website:

(1) A copy of the notice with identical content.

(2) The draft air quality plan and all documentation relied upon in making the air quality plan as described in subsection (j).

(3) The date, time, and location of the public meeting required under subsection (g), along with a reference to the statute requiring the public meeting.

(4) 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.

(5) Information on any applicable permits issued to the plant in relation to the demolition, including county-issued or municipality-issued permits, with express instructions explaining how to access a copy of each permit, or a copy of each of the permits, if available.

(6) Whether there are any unlined CCR surface impoundments, as defined in Section 3.143, at or nearby the plant or public water sources or private wells within 2,500 feet of the plant.

(7) A detailed description of the preventative measures that will be implemented by the owner or operator to control, mitigate, or prevent from occurring any air, soil, or water pollution during the demolition.

(8) When a proposed demolition is located in a community with 10% or more non-English speaking residents, non-English versions of all of the above reflecting local language prevalence.

(f) The owner or operator shall submit proof of notification to the Agency. No earlier than one week and no less than 72 hours before the originally scheduled demolition, the owner or operator must advise the phone, email, and text lists required under paragraph (5) of subsection (c) of the upcoming demolition.

If there is a change to the date and time of a scheduled demolition, the owner or operator must update the publicly-accessible website required under paragraph (4) of subsection (c) and advise the phone, email, and text lists required under paragraph (5) of subsection (c) that the date is changing within 24 hours of the schedule change and also notice of a new planned date at least 16 hours prior to the new demolition date.

(g) At least 30 days after providing notice pursuant to this Section, an owner or operator must hold at least one public meeting within the municipality in which the site is located to discuss the proposed demolition, subject to the following rules:

(1) The public meeting must be not more than 5 miles from the site unless a suitable venue is not available within that distance.

(2) The public meeting must begin after 5:00 p.m. and be located at a venue that is accessible to persons with disabilities.

(3) The owner or operator must provide reasonable accommodations, as defined in paragraph (9) of Section 12111 of the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12111(9), upon request.

(h) When a proposed demolition is located in a community with 10% or more non-English speaking residents, the owner or operator must provide translation services during the public meeting required by this Section, if requested at least 72 hours in advance of the public meeting.

(i) At the public meeting, the owner or operator must comply with the following:

(1) Present the schedule and process for the demolition, which must cover the noise, air quality, environmental, public health, and any other community impacts, such as road closures, expected from the demolition, as well as a summary of the air quality plan, including control equipment and best management practices that will be used to reduce fugitive dust.

(2) Include a question and answer portion of the meeting to allow the public to ask questions.

(3) Include a public comment portion of the meeting to allow the public to offer comments.

(4) Ensure the presence of representatives from the owner or operator or the company that will be performing the demolition in whole or in part. The representative must be qualified and knowledgeable enough to answer the questions posed by the public.

(5) The owner and operator shall engage a certified court reporter to be present at the public meeting and transcribe the entirety of the public meeting, including, but not limited to, all statements made by the owner or operator and all public comments offered at the public meeting.

(6) The owner or operator shall make the transcript of the public meeting available on the owner or operator's publicly accessible website no later than 14 days after the public meeting.

(7) The owner or operator shall create a summary of the public meeting, including issues raised by the public, and respond to all questions in writing no later than 14 days after the meeting. The owner or operator shall post the summary and responses to the owner's or operator's publicly accessible website and advise the phone, email, and text lists when the documentation is available.

(8) The public meeting shall be live-streamed in order to allow the public to watch and meaningfully participate in the meeting. The meeting shall also be recorded. The recording shall be made available on the owner's or operator's publicly accessible website.

(j) Before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must establish an air quality plan that is approved by the Agency. The owner or operator shall comply with the provisions of the approved air quality plan.

The air quality plan, the transcript of the public meeting required under subsection (g), and the public meeting summary described in paragraph (7) of subsection (i) shall be submitted to the Agency no more than 45 days after the public meeting required under subsection (g).

The air quality plan shall include, but is not limited to, the following:

(1) An air dispersion modeling study using AERMOD. The study shall simulate dust propagation generated from the implosion under varying wind speeds, wind directions, and weather stability classes, such as 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 on-site and off-site. The AERMOD 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 within 1,000 feet of the site.

(C) Maximum PM10 concentrations at the areas specified above.

(D) 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 under paragraph (1), whichever distance is greater, for PM10. The monitoring shall be conducted for at least a 24-hour duration one week prior to the implosion, during the implosion, and one week following the implosion, or weekly until air monitoring confirms that the 24-hour PM10 levels are back to normal, 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 3 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 by the owner or operator from the nearest ambient air quality station operated by the Agency or other data sources approved by the Agency. The air monitoring shall comply with the following:

(A) All air monitoring data shall be published on the publicly accessible website within 4 hours after collecting the data.

(B) 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 7400 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 hazardous substances or petroleum products for which there is a recognized environmental condition 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.

(C) The air quality plan shall also include operation, according to manufacturer's specifications, of 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. Such 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 United States Environmental Protection Agency protocols and guidance.

(3) A dust mitigation plan that ensures adequate precautions and use of best practices to minimize fugitive dust. The dust mitigation plan shall include, but is not limited to, the following:

(A) The following best practices:

(i) The thorough sweeping of paved surfaces using a sweeper effective at removing fine particulates.

(ii) 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 4 inches, or otherwise treated using 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.

(iii) Employing misting cannons around the building or structure or at strategic locations and elevations determined based on the results of the air dispersion modeling under paragraph (1).

(iv) Applying water to debris immediately following blast and safety clearance.

(B) Restricting traffic and operations to paved areas or stabilized surfaces. Soils exhibiting a high particulate emission potential shall be fenced off or otherwise demarcated to prevent disturbance, or shall be effectively stabilized, removed, or covered if vehicle traffic or operations will occur over these areas.

(C) Evaluation of on-site surficial soil for particulate emission potential, which shall be determined to be high based on its fines content as percent passing No. 200 sieve and optimum moisture content as percent by dry weight as follows:

(i) if the fines content is greater than or equal to 15% and the optimum moisture content is greater than or equal to 11%, the particulate emission potential is high; or

(ii) if the fines content is greater than 50%, the particulate emission potential is high.

The fines content shall be determined using ASTM D1140-17, or updates thereto, while the optimum moisture content shall be measured using ASTM D1557 or AASHTO T180-D, or updates thereto. 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 areas of high particulate emission potential of unpaved surfaces at the site.

(4) 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.

(5) A site cleanup plan to remove dust, debris, and litter from the surrounding impacted area as expeditiously and as safely as 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 shall be PM10-certified.

(B) The cleaning of impacted parkways and private properties, with owner permission.

(C) Inspection protocols that ensure that impacted areas, including, but not limited to, public roadways adjacent to residential and public structures and utility lines, are returned to preimplosion conditions.

(D) A staffing plan and equipment list necessary to execute the cleanup.

(415 ILCS 5/3.141 rep.)

Section 10. The Environmental Protection Act is amended by repealing Section 3.141.

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