103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2155

 

Introduced 2/10/2023, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.40b new

    Amends the Environmental Protection Act. Provides that an owner or operator of an active municipal solid waste landfill having fewer than 450,000 tons of waste in place must submit an annual waste in place report to the Board or local authority. Places a cap on methane gas emissions according to specified times. Requires specified methods for measurements and tests conducted under the provisions. Provides that an owner or operator of a municipal solid waste landfill may request alternatives to the compliance measures, monitoring requirements, and test methods and procedures. Allows the Board and local authorities to assess and collect such fees as may be necessary to recover the direct and indirect costs associated with the implementation of the provision. Contains requirements for calculating landfill gas heat input capacity, gas collection and control systems, source tests, enforcement provisions, and other provisions.


LRB103 27476 CPF 53848 b

 

 

A BILL FOR

 

SB2155LRB103 27476 CPF 53848 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Section 22.40b as follows:
 
6    (415 ILCS 5/22.40b new)
7    Sec. 22.40b. Methane emissions; landfills.
8    (a) In this Section:
9    "Active municipal solid waste landfill" means a municipal
10solid waste landfill that has accepted or is accepting solid
11waste for disposal and has not been closed in accordance with
12the requirements set forth in Sections 22.17 and 22.19b.
13    "Air pollution" means the presence in the outdoor
14atmosphere of one or more air contaminants in sufficient
15quantities and of such characteristic and duration as is, or
16is likely to be, injurious to human health, plant or animal
17life, or property or that unreasonably interferes with the
18enjoyment of life and property.
19    "Ambient air" means the surrounding outside air.
20    "Closed municipal solid waste landfill" means a municipal
21solid waste landfill that no longer accepts solid waste for
22disposal and has been closed in accordance with the
23requirements set forth in Sections 22.17 and 22.19b.

 

 

SB2155- 2 -LRB103 27476 CPF 53848 b

1    "Emission" means a release of an air contaminant into the
2ambient air.
3    "Gas collection system" means a system that employs
4various gas collection wells, connected piping, mechanical
5blowers, fans, pumps, or compressors to create a pressure
6gradient and that actively extracts landfill gas.
7    "Gas control device" means a device used to dispose of or
8treat collected landfill gas, including, but not limited to,
9enclosed flares, internal combustion engines, boilers,
10boiler-to-steam turbine systems, fuel cells, and gas turbines.
11    "Gas control system" means a system that disposes of or
12treats collected landfill gas by:
13        (1) combustion; or
14        (2) treatment of gas for subsequent sale or for sale
15    for offsite processing, including, but not limited to, for
16    transportation fuel and injection into a natural gas
17    pipeline.
18    "Local authority" means any air pollution control board
19whose jurisdictional boundaries are coextensive with the
20boundaries of one or more counties.
21    "Municipal solid waste landfill" means a discrete area of
22land or an excavation that receives household waste and that
23is not a land application site, surface impoundment, injection
24well, or pile.
25    "Person" means an individual, firm, public or private
26corporation, association, partnership, political subdivision

 

 

SB2155- 3 -LRB103 27476 CPF 53848 b

1of the State, municipality, or governmental agency.
2    (b) This Section applies to all municipal solid waste
3landfills except landfills that:
4        (1) receive only hazardous waste or are currently
5    regulated under the federal Comprehensive Environmental
6    Response, Compensation and Liability Act; or
7        (2) receive only inert waste or noncompostable wastes.
8    (c) The Agency shall propose, and the Board shall adopt,
9rules to implement this Section. The rules shall be informed
10by landfill methane rules and regulations adopted by the
11California Air Resources Board, the Oregon Environmental
12Quality Commission, and the United States Environmental
13Protection Agency.
14    (d) An owner or operator of an active municipal solid
15waste landfill having fewer than 450,000 tons of waste in
16place must submit an annual waste in place report to the Board
17or local authority. The waste in place report must be:
18        (1) prepared for the period of January 1 through
19    December 31 of each year;
20        (2) submitted to the Board or local authority on a
21    date during the subsequent calendar year by a date
22    established by the Board by rule; and
23        (3) submitted annually until either:
24            (A) the active municipal solid waste landfill
25        reaches a size greater than or equal to 450,000 tons of
26        waste in place; or

 

 

SB2155- 4 -LRB103 27476 CPF 53848 b

1            (B) the owner or operator submits a closure
2        notification under subsection (j).
3    (e) An owner or operator of an active municipal solid
4waste landfill having greater than or equal to 450,000 tons of
5waste in place or a closed municipal solid waste landfill
6having greater than or equal to 750,000 tons of waste in place
7must calculate the landfill gas heat input capacity in
8accordance with subsection (j) and the Board's rules and must
9submit a landfill gas heat input capacity report to the Board
10or local authority. If the calculated landfill gas heat input
11capacity is less than 3,000,000 Btus per hour recovered, the
12owner or operator must:
13        (1) recalculate the landfill gas heat input capacity
14    annually using the procedures specified in subsection (j)
15    and the rules adopted under this Section; and
16        (2) submit an annual landfill gas heat input capacity
17    report to the Board or local authority until either:
18            (A) the calculated landfill gas heat input
19        capacity is greater than or equal to 3,000,000 Btus
20        per hour recovered; or
21            (B) if the municipal solid waste landfill is
22        active, the owner or operator submits a closure
23        notification in accordance with subsection (j).
24    If the landfill gas heat input capacity is greater than or
25equal to 3,000,000 Btus per hour recovered, the owner or
26operator must either:

 

 

SB2155- 5 -LRB103 27476 CPF 53848 b

1        (1) comply with the requirements of this Section and
2    the rules adopted under this Section; or
3        (2) demonstrate to the satisfaction of the Board or
4    local authority that after 4 consecutive quarterly
5    monitoring periods there is no measured concentration of
6    methane of 200 parts per million by volume or greater
7    using the instantaneous surface monitoring procedures
8    specified in other states' requirements and the rules
9    adopted under this Section, based on the monitoring
10    results, and:
11            (A) if there is any measured concentration of
12        methane of 200 parts per million by volume or greater
13        from the surface of an active, inactive, or closed
14        municipal solid waste landfill, comply with this
15        Section and the rules adopted under this Section;
16            (B) if there is no measured concentration of
17        methane of 200 parts per million by volume or greater
18        from the surface of an active municipal solid waste
19        landfill, recalculate the landfill gas heat input
20        capacity annually as required under this Section until
21        the owner or operator submits a closure notification
22        under this Section; or
23            (C) if there is no measured concentration of
24        methane of 200 parts per million by volume or greater
25        from the surface of a closed or inactive municipal
26        solid waste landfill, the requirements of this Section

 

 

SB2155- 6 -LRB103 27476 CPF 53848 b

1        and the rules adopted under this Section no longer
2        apply, provided that the following information is
3        submitted to and approved by the Board or local
4        authority:
5                (i) a waste in place report in accordance with
6            this Section and the rules adopted under this
7            Section; and
8                (ii) all instantaneous surface monitoring
9            records.
10    (f) An owner or operator of a municipal solid waste
11landfill that has a calculated landfill gas heat input
12capacity greater than or equal to 3,000,000 Btus per hour
13recovered must install a gas collection and control system
14that meets the requirements of this Section and the rules
15adopted under this Section, unless the owner or operator
16demonstrates to the satisfaction of the Board or local
17authority that after 4 consecutive quarterly monitoring
18periods there is no measured concentration of methane of 200
19parts per million by volume or greater using instantaneous
20surface monitoring procedures. If a municipal solid waste
21landfill partners with a third party to operate all or a
22portion of the gas collection and control system or energy
23recovery device, the obligation to comply with this Section is
24the responsibility of the owner or operator of the relevant
25portion of the gas collection and control system or energy
26recovery device. The gas collection and control system must:

 

 

SB2155- 7 -LRB103 27476 CPF 53848 b

1        (1) handle the expected gas generation flow rate from
2    the entire area of the municipal solid waste landfill and
3    must collect gas at an extraction rate to comply with the
4    surface methane emission limits under this Section and the
5    rules adopted under this Section;
6        (2) be designed and operated so that there is no
7    landfill gas leak that exceeds 500 parts per million by
8    volume, measured as methane, at any component under
9    positive pressure;
10        (3) if it uses a flare, achieve a methane destruction
11    efficiency of at least 99% by weight and must use either an
12    enclosed flare or, if the system uses an open flare, the
13    open flare:
14            (A) must meet the requirements of 40 CFR 60.18;
15            (B) if it was installed and operating before
16        December 31, 2022, may operate until January 1, 2032
17        unless the owner or operator demonstrates to the
18        satisfaction of the Board or local authority that the
19        landfill gas heat input capacity is less than
20        3,000,000 Btus per hour in accordance with this
21        Section and the rules adopted under this Section and
22        is insufficient to support the continuous operation of
23        an enclosed flare or other gas control device; and
24            (C) may be temporarily operated by the owner or
25        operator during the repair or maintenance of the gas
26        control system, while awaiting the installation of an

 

 

SB2155- 8 -LRB103 27476 CPF 53848 b

1        enclosed flare, or to address offsite gas migration
2        issues; an owner or operator seeking to temporarily
3        operate an open flare under this subparagraph must
4        submit a written request to the Board or local
5        authority in accordance with Section 50 and the rules
6        adopted under this Section;
7        (4) if it does not use a flare, either route the
8    collected gas to an energy recovery device or must route
9    the collected gas to a treatment system that processes the
10    collected gas for subsequent sale or use;
11        (5) if it routes the collected gas to an energy
12    recovery device or devices, the owner or operator of the
13    energy recovery device or devices must comply with the
14    following requirements:
15            (A) the device must achieve a methane destruction
16        efficiency of at least 97% by weight, except for
17        lean-burn internal combustion engines that were
18        installed and operating before January 1, 2022, which
19        must reduce the outlet methane concentration to less
20        than 3,000 parts per million by volume, dry basis
21        corrected to 15% oxygen; and
22            (B) if a boiler or a process heater is used as the
23        gas control device, the landfill gas stream must be
24        introduced into the flame zone, except that, where the
25        landfill gas is not the primary fuel for the boiler or
26        process heater, introduction of the landfill gas

 

 

SB2155- 9 -LRB103 27476 CPF 53848 b

1        stream into the flame zone is not required;
2        (6) if it routes the collected gas to a treatment
3    system that processes the collected gas for subsequent
4    sale or use, achieve a methane leak rate of 3% or less by
5    weight; venting processed landfill gas to the ambient air
6    is not allowed; and
7        (7) if the processed landfill gas cannot be routed for
8    subsequent sale or use, then the treated landfill gas must
9    be controlled according to paragraph (3).
10    An owner or operator of a municipal solid waste landfill
11must conduct a source test for any gas control device subject
12to this Section using the relevant test methods identified in
13this Section. If a gas control device was in compliance with
14relevant source testing requirements on June 9, 2022, the
15owner or operator must conduct the source test no less
16frequently than once every 5 years. If a gas control device was
17not in compliance with source testing requirements on June 9,
182022, or if a subsequent source test shows the gas control
19device is out of compliance, the owner or operator must
20conduct the source test no less frequently than once each year
21until 2 subsequent consecutive tests both show compliance.
22Upon completion of the 2 subsequent consecutive compliant
23tests, the owner or operator may return to conducting the
24source test no less frequently than once every 5 years.
25    (g) Except as provided in subsection (e), beginning
26January 1 of the year following the year in which the Board

 

 

SB2155- 10 -LRB103 27476 CPF 53848 b

1adopts rules to implement this Section, or upon commencing
2operation of a newly installed gas collection and control
3system or modification of an existing gas collection and
4control system, whichever is later, and except as provided by
5the Board to accommodate significant technological
6improvements, which may include, but are not limited to, the
7installation of an energy recovery device, not to exceed 24
8months after the Board adopts rules to implement this Section,
9no location on a municipal solid waste landfill surface may
10exceed the following methane concentration limits, dependent
11upon whether the owner or operator of the municipal solid
12waste landfills conducts instantaneous surface emissions
13monitoring or integrated surface emissions monitoring:
14        (1) 500 parts per million by volume, other than
15    nonrepeatable momentary readings, as determined by
16    instantaneous surface emissions monitoring; or
17        (2) an average methane concentration limit of 25 parts
18    per million by volume as determined by integrated surface
19    emissions monitoring.
20    Any reading exceeding the limits set forth in paragraph
21(1) must be recorded as an exceedance and the owner or operator
22must: (i) record the date, location, and value of each
23exceedance, along with retest dates and results and the
24location of each exceedance must be clearly marked and
25identified on a topographic map of the municipal solid waste
26landfill, drawn to scale, with the location of both the

 

 

SB2155- 11 -LRB103 27476 CPF 53848 b

1monitoring grids and the gas collection system clearly
2identified; and (ii) take corrective action, which may
3include, but is not limited to, maintenance or repair of the
4cover, or well vacuum adjustments; the location or locations
5of any exceedance must be remonitored within 10 calendar days
6after a measured exceedance.
7    The requirements of this subsection do not apply to:
8            (A) the working face of a landfill;
9            (B) areas of a landfill surface where the landfill
10        cover material has been removed for the purpose of
11        installing, expanding, replacing, or repairing
12        components of the landfill cover system, the landfill
13        gas collection and control system, the leachate
14        collection and removal system, or a landfill gas
15        condensate collection and removal system;
16            (C) areas of a landfill surface where the landfill
17        cover material has been removed for law enforcement
18        activities requiring excavation; or
19            (D) areas of the landfill in which the landfill
20        owner or operator, or a designee of the owner or
21        operator, is engaged in active mining for minerals or
22        metals.
23    (h) An owner or operator of a municipal solid waste
24landfill with a gas collection and control system must:
25        (1) conduct instantaneous or integrated surface
26    monitoring of the landfill surface according to rules

 

 

SB2155- 12 -LRB103 27476 CPF 53848 b

1    adopted by the Board;
2        (2) monitor the gas control system according to the
3    requirements specified in rules adopted by the Board; and
4        (3) monitor each individual wellhead to determine the
5    gauge pressure according to the requirements specified in
6    rules adopted by the Board.
7    (i) An owner or operator of a municipal solid waste
8landfill must:
9        (1) maintain records and prepare reports in accordance
10    with this Section and any rules adopted under this
11    Section;
12        (2) maintain records related to monitoring, testing,
13    landfill operations, and the operation of a gas control
14    device, gas collection system, and gas control system; the
15    records must be provided by the owner or operator to the
16    Board or local authority within 5 business days after a
17    request from the Board or local authority;
18        (3) if the landfill ceases to accept waste, submit a
19    closure notification to the Board or local authority
20    within 30 days after ceasing to accept waste; and
21        (4) submit a gas collection and control system
22    equipment removal report to the Board or local authority
23    within 30 days after well capping or the removal or
24    cessation of operation of the gas collection, treatment,
25    or control system equipment.
26    An owner or operator of either an active municipal solid

 

 

SB2155- 13 -LRB103 27476 CPF 53848 b

1waste landfill with 450,000 or more tons of waste in place or a
2closed municipal solid waste landfill with 750,000 or more
3tons of waste in place must prepare an annual report for the
4period of January 1 through December 31 of each year. The
5annual report must include a calculation of landfill gas heat
6input capacity. Each annual report must be submitted to the
7Board and local authority during the subsequent calendar year,
8with the date of submission to be established through rules
9adopted by the Board.
10    (j) Except as provided under paragraph (8), the following
11methods must be used for measurements and tests conducted
12under this Section:
13        (1) any instrument used for the measurement of methane
14    must be a hydrocarbon detector or other equivalent
15    instrument approved by the Board or local authority based
16    on standards adopted by the Board that address
17    calibration, specifications, and performance criteria;
18        (2) the determination of landfill gas heat input
19    capacity must be calculated consistent with the Board's
20    rules adopted under this Section;
21        (3) an owner or operator of a municipal solid waste
22    landfill must measure the landfill surface concentration
23    of methane using a hydrocarbon detector meeting the
24    requirements of this Section and the Board's rules adopted
25    under this Section;
26        (4) an owner or operator of a municipal solid waste

 

 

SB2155- 14 -LRB103 27476 CPF 53848 b

1    landfill must measure leaks using a hydrocarbon detector
2    meeting the requirements of this Section and the Board's
3    rules adopted under this Section;
4        (5) the expected gas generation flow rate must be
5    determined according to the Board's rules adopted under
6    this Section;
7        (6) the control device destruction efficiency must be
8    determined according to the Board's rules adopted under
9    this Section;
10        (7) gauge pressure must be determined using a handheld
11    manometer, magnehelic gauge, or other pressure measuring
12    device approved by the Board or local authority; and
13        (8) alternative test methods may be used if they are
14    approved in writing by the Board or local authority.
15    (k) The Board or local authority must allow the capping or
16removal of the gas collection and control system at a closed
17municipal solid waste landfill, provided that:
18        (1) the gas collection and control system has been in
19    operation for at least 15 years, unless the owner or
20    operator demonstrates to the satisfaction of the Board or
21    local authority that due to declining methane rates the
22    municipal solid waste landfill will be unable to operate
23    the gas collection and control system for a 15-year
24    period;
25        (2) surface methane concentration measurements do not
26    exceed the limits specified in this Section; and

 

 

SB2155- 15 -LRB103 27476 CPF 53848 b

1        (3) the owner or operator submits an equipment removal
2    report to the Board or local authority in accordance with
3    this Section and any rules adopted by the Board under this
4    Section.
5    Nothing in this Section may be interpreted to modify or
6supersede requirements related to the capping or removal of
7gas collection and control systems that may exist under this
8Act, the federal Clean Air Act, or rules adopted under either
9of those Acts.
10    (l) An owner or operator of a municipal solid waste
11landfill may request alternatives to the compliance measures,
12monitoring requirements, and test methods and procedures set
13forth in this Section and the Board's rules adopted under this
14Section. Any alternatives requested by the owner or operator
15must be submitted in writing to the Board. The criteria that
16the Board may use to evaluate alternative compliance option
17requests include, but are not limited to:
18        (1) compliance history;
19        (2) documentation containing the landfill gas flow
20    rate and measured methane concentrations for individual
21    gas collection wells or components;
22        (3) permits;
23        (4) component testing and surface monitoring results;
24        (5) gas collection and control system operation,
25    maintenance, and inspection records; and
26        (6) historical meteorological data.

 

 

SB2155- 16 -LRB103 27476 CPF 53848 b

1    The Board must review and either approve or disapprove the
2requested alternatives within 120 days. The Board may request
3that additional information be submitted as part of the review
4of the requested alternatives. If a request for an alternative
5compliance option is denied, the Board must provide written
6reasons for the denial. The Board must deny a request for
7alternative compliance measures if the request does not
8provide levels of enforceability or methane emissions control
9that are equivalent to those set forth in this Section or in
10rules adopted by the Board under this Section.
11    (m) The Board or a local authority may request that any
12owner or operator of a municipal solid waste landfill
13demonstrate that a landfill does not meet the applicability
14criteria required under this Section. The demonstration must
15be submitted to the Board or local authority within 90 days of
16a written request received from the Board or local authority.
17    (n) Any person who violates this Section or any rules
18adopted under this Section may incur a civil penalty. The
19Board shall waive penalties if the owner or operator of the
20landfill is actively taking corrective actions to control any
21methane exceedances. Penalties collected under this Section
22shall be deposited into the Environmental Protection Trust
23Fund.
24    (o) The Board and local authorities may assess and collect
25such fees as may be necessary to recover the direct and
26indirect costs associated with the implementation of this

 

 

SB2155- 17 -LRB103 27476 CPF 53848 b

1Section.