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Public Act 096-1314 | ||||
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AN ACT concerning energy facilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 3.330 and by adding Section 39.9 as follows: | ||||
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32) | ||||
Sec. 3.330. Pollution control facility. | ||||
(a) "Pollution control facility" is any waste storage site, | ||||
sanitary
landfill, waste disposal site, waste transfer | ||||
station, waste treatment
facility, or waste incinerator. This | ||||
includes sewers, sewage treatment
plants, and any other | ||||
facilities owned or operated by sanitary districts
organized | ||||
under the Metropolitan Water Reclamation District Act. | ||||
The following are not pollution control facilities: | ||||
(1) (blank); | ||||
(2) waste storage sites regulated under 40 CFR, Part | ||||
761.42; | ||||
(3) sites or facilities used by any person conducting a | ||||
waste storage,
waste treatment, waste disposal, waste | ||||
transfer or waste incineration
operation, or a combination | ||||
thereof, for wastes generated by such person's
own | ||||
activities, when such wastes are stored, treated, disposed | ||||
of,
transferred or incinerated within the site or facility |
owned, controlled or
operated by such person, or when such | ||
wastes are transported within or
between sites or | ||
facilities owned, controlled or operated by such person; | ||
(4) sites or facilities at which the State is | ||
performing removal or
remedial action pursuant to Section | ||
22.2 or 55.3; | ||
(5) abandoned quarries used solely for the disposal of | ||
concrete, earth
materials, gravel, or aggregate debris | ||
resulting from road construction
activities conducted by a | ||
unit of government or construction activities due
to the | ||
construction and installation of underground pipes, lines, | ||
conduit
or wires off of the premises of a public utility | ||
company which are
conducted by a public utility; | ||
(6) sites or facilities used by any person to | ||
specifically conduct a
landscape composting operation; | ||
(7) regional facilities as defined in the Central | ||
Midwest Interstate
Low-Level Radioactive Waste Compact; | ||
(8) the portion of a site or facility where coal | ||
combustion wastes are
stored or disposed of in accordance | ||
with subdivision (r)(2) or (r)(3) of
Section 21; | ||
(9) the portion of a site or facility used for the | ||
collection,
storage or processing of waste tires as defined | ||
in Title XIV; | ||
(10) the portion of a site or facility used for | ||
treatment of
petroleum contaminated materials by | ||
application onto or incorporation into
the soil surface and |
any portion of that site or facility used for storage
of | ||
petroleum contaminated materials before treatment. Only | ||
those categories
of petroleum listed in Section
57.9(a)(3) | ||
are exempt under this subdivision (10); | ||
(11) the portion of a site or facility where used oil | ||
is collected or
stored prior to shipment to a recycling or | ||
energy recovery facility, provided
that the used oil is | ||
generated by households or commercial establishments, and
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the site or facility is a recycling center or a business | ||
where oil or gasoline
is sold at retail; | ||
(11.5) processing sites or facilities that receive | ||
only on-specification used oil, as defined in 35 Ill. | ||
Admin. Code 739, originating from used oil collectors for | ||
processing that is managed under 35 Ill. Admin. Code 739 to | ||
produce products for sale to off-site petroleum | ||
facilities, if these processing sites or facilities are: | ||
(i) located within a home rule unit of local government | ||
with a population of at least 30,000 according to the 2000 | ||
federal census, that home rule unit of local government has | ||
been designated as an Urban Round II Empowerment Zone by | ||
the United States Department of Housing and Urban | ||
Development, and that home rule unit of local government | ||
has enacted an ordinance approving the location of the site | ||
or facility and provided funding for the site or facility; | ||
and (ii) in compliance with all applicable zoning | ||
requirements;
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(12) the portion of a site or facility utilizing coal | ||
combustion waste
for stabilization and treatment of only | ||
waste generated on that site or
facility when used in | ||
connection with response actions pursuant to the federal
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Comprehensive Environmental Response, Compensation, and | ||
Liability Act of 1980,
the federal Resource Conservation | ||
and Recovery Act of 1976, or the Illinois
Environmental | ||
Protection Act or as authorized by the Agency; | ||
(13) the portion of a site or facility accepting | ||
exclusively general
construction or demolition debris, | ||
located in a county with a population over
500,000 as of | ||
January 1, 2000, and operated and located in accordance | ||
with Section 22.38 of this Act; | ||
(14) the portion of a site or facility, located within | ||
a unit of local government that has enacted local zoning | ||
requirements, used to accept, separate, and process | ||
uncontaminated broken concrete, with or without protruding | ||
metal bars, provided that the uncontaminated broken | ||
concrete and metal bars are not speculatively accumulated, | ||
are at the site or facility no longer than one year after | ||
their acceptance, and are returned to the economic | ||
mainstream in the form of raw materials or products; | ||
(15) the portion of a site or facility located in a | ||
county with a population over 3,000,000 that has obtained | ||
local siting approval under Section 39.2 of this Act for a | ||
municipal waste incinerator on or before July 1, 2005 and |
that is used for a non-hazardous waste transfer station;
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(16) a site or facility that temporarily holds in | ||
transit for 10 days or less, non-petruscible solid waste in | ||
original containers, no larger in capacity than 500 | ||
gallons, provided that such waste is further transferred to | ||
a recycling, disposal, treatment, or storage facility on a | ||
non-contiguous site and provided such site or facility | ||
complies with the applicable 10-day transfer requirements | ||
of the federal Resource Conservation and Recovery Act of | ||
1976 and United States Department of Transportation | ||
hazardous material requirements. For purposes of this | ||
Section only, "non-petruscible solid waste" means waste | ||
other than municipal garbage that does not rot or become | ||
putrid, including, but not limited to, paints, solvent, | ||
filters, and absorbents;
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(17)
the portion of a site or facility located in a | ||
county with a population greater than 3,000,000 that has | ||
obtained local siting approval, under Section 39.2 of this | ||
Act, for a municipal waste incinerator on or before July 1, | ||
2005 and that is used for wood combustion facilities for | ||
energy recovery that accept and burn only wood material, as | ||
included in a fuel specification approved by the Agency;
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(18)
a transfer station used exclusively for landscape | ||
waste, including a transfer station where landscape waste | ||
is ground to reduce its volume, where the landscape waste | ||
is held no longer than 24 hours from the time it was |
received; and
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(19) the portion of a site or facility that (i) is used | ||
for the composting of food scrap, livestock waste, crop | ||
residue, uncontaminated wood waste, or paper waste, | ||
including, but not limited to, corrugated paper or | ||
cardboard, and (ii) meets all of the following | ||
requirements: | ||
(A) There must not be more than a total of 30,000 | ||
cubic yards of livestock waste in raw form or in the | ||
process of being composted at the site or facility at | ||
any one time. | ||
(B) All food scrap, livestock waste, crop residue, | ||
uncontaminated wood waste, and paper waste must, by the | ||
end of each operating day, be processed and placed into | ||
an enclosed vessel in which air flow and temperature | ||
are controlled, or all of the following additional | ||
requirements must be met: | ||
(i) The portion of the site or facility used | ||
for the composting operation must include a | ||
setback of at least 200 feet from the nearest | ||
potable water supply well. | ||
(ii) The portion of the site or facility used | ||
for the composting operation must be located | ||
outside the boundary of the 10-year floodplain or | ||
floodproofed. | ||
(iii) The portion of the site or facility used |
for the composting operation must be located at | ||
least one-eighth of a mile from the nearest | ||
residence, other than a residence located on the | ||
same property as the site or facility. | ||
(iv) The portion of the site or facility used | ||
for the composting operation must be located at | ||
least one-eighth of a mile from the property line | ||
of all of the following areas: | ||
(I) Facilities that primarily serve to | ||
house or treat people that are | ||
immunocompromised or immunosuppressed, such as | ||
cancer or AIDS patients; people with asthma, | ||
cystic fibrosis, or bioaerosol allergies; or | ||
children under the age of one year. | ||
(II) Primary and secondary schools and | ||
adjacent areas that the schools use for | ||
recreation. | ||
(III) Any facility for child care licensed | ||
under Section 3 of the Child Care Act of 1969; | ||
preschools; and adjacent areas that the | ||
facilities or preschools use for recreation. | ||
(v) By the end of each operating day, all food | ||
scrap, livestock waste, crop residue, | ||
uncontaminated wood waste, and paper waste must be | ||
(i) processed into windrows or other piles and (ii) | ||
covered in a manner that prevents scavenging by |
birds and animals and that prevents other | ||
nuisances. | ||
(C) Food scrap, livestock waste, crop residue, | ||
uncontaminated wood waste, paper waste, and compost | ||
must not be placed within 5 feet of the water table. | ||
(D) The site or facility must meet all of the | ||
requirements of the Wild and Scenic Rivers Act (16 | ||
U.S.C. 1271 et seq.). | ||
(E) The site or facility must not (i) restrict the | ||
flow of a 100-year flood, (ii) result in washout of | ||
food scrap, livestock waste, crop residue, | ||
uncontaminated wood waste, or paper waste from a | ||
100-year flood, or (iii) reduce the temporary water | ||
storage capacity of the 100-year floodplain, unless | ||
measures are undertaken to provide alternative storage | ||
capacity, such as by providing lagoons, holding tanks, | ||
or drainage around structures at the facility. | ||
(F) The site or facility must not be located in any | ||
area where it may pose a threat of harm or destruction | ||
to the features for which: | ||
(i) an irreplaceable historic or | ||
archaeological site has been listed under the | ||
National Historic Preservation Act (16 U.S.C. 470 | ||
et seq.) or the Illinois Historic Preservation | ||
Act; | ||
(ii) a natural landmark has been designated by |
the National Park Service or the Illinois State | ||
Historic Preservation Office; or | ||
(iii) a natural area has been designated as a | ||
Dedicated Illinois Nature Preserve under the | ||
Illinois Natural Areas Preservation Act. | ||
(G) The site or facility must not be located in an | ||
area where it may jeopardize the continued existence of | ||
any designated endangered species, result in the | ||
destruction or adverse modification of the critical | ||
habitat for such species, or cause or contribute to the | ||
taking of any endangered or threatened species of | ||
plant, fish, or wildlife listed under the Endangered | ||
Species Act (16 U.S.C. 1531 et seq.) or the Illinois | ||
Endangered Species Protection Act ; and . | ||
(20) the portion of a site or facility that is located | ||
entirely within a home rule unit having a population of no | ||
less than 120,000 and no more than 135,000, according to | ||
the 2000 federal census, and that meets all of the | ||
following requirements: | ||
(i) the portion of the site or facility is used | ||
exclusively to perform testing of a thermochemical | ||
conversion technology using only woody biomass, | ||
collected as landscape waste within the boundaries | ||
of the home rule unit, as the hydrocarbon feedstock | ||
for the production of synthetic gas in accordance | ||
with Section 39.9 of this Act; |
(ii) the portion of the site or facility is in | ||
compliance with all applicable zoning | ||
requirements; and | ||
(iii) a complete application for a | ||
demonstration permit at the portion of the site or | ||
facility has been submitted to the Agency in | ||
accordance with Section 39.9 of this Act within one | ||
year after the effective date of this amendatory | ||
Act of the 96th General Assembly. | ||
(b) A new pollution control facility is: | ||
(1) a pollution control facility initially permitted | ||
for development or
construction after July 1, 1981; or | ||
(2) the area of expansion beyond the boundary of a | ||
currently permitted
pollution control facility; or | ||
(3) a permitted pollution control facility requesting | ||
approval to
store, dispose of, transfer or incinerate, for | ||
the first time, any special
or hazardous waste. | ||
(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; | ||
95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. | ||
8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; revised | ||
10-1-09.) | ||
(415 ILCS 5/39.9 new) | ||
Sec. 39.9. Thermochemical conversion technology | ||
demonstration permit. | ||
(a) The purpose of this Section is to provide for the |
permitting and testing of thermochemical conversion technology | ||
("TCT") on a pilot-scale basis. | ||
(b) For purposes of this Section: | ||
"Thermochemical conversion" means the application of heat | ||
to woody biomass, collected as landscape waste within the | ||
boundaries of the host unit of local government, in order to | ||
convert that material to a synthetic gas ("syngas") that can be | ||
processed for use as a fuel for the production of electricity | ||
and process heat, for the production of ethanol or hydrogen to | ||
be used as transportation fuel, or for both of those purposes. | ||
To qualify as thermochemical conversion, the thermochemical | ||
conversion technology must not continuously operate at | ||
temperatures exceeding an hourly average of 2,000°F, must | ||
operate at or near atmospheric pressure with no intentional or | ||
forced addition of air or oxygen, must use electricity for the | ||
source of heat, and must be designed to produce more energy | ||
than it consumes. | ||
"Thermochemical conversion technology demonstration | ||
permit" or "TCTDP" means a demonstration permit issued by the | ||
Agency's Bureau of Air Permit Section under this Section. The | ||
TCT will be considered a process emission unit. | ||
"Thermochemical conversion technology processing facility" | ||
means a facility constructed and operated for the purpose of | ||
conducting thermochemical conversion under this Section. | ||
"Woody biomass" means the fibrous cellular substance | ||
consisting largely of cellulose, hemicellulose, and lignin |
from trees and shrubs collected as landscape waste. "Woody | ||
biomass" also includes bark and leaves from trees and shrubs, | ||
but does not include other wastes or foreign materials. | ||
(c) The Agency may, under the authority of subsection (b) | ||
of Section 9 and subsection (a) of Section 39 of the Act, issue | ||
a TCTDP to an applicant for field testing of a thermochemical | ||
conversion technology processing facility to demonstrate that | ||
the thermochemical conversion technology can reliably produce | ||
syngas that can be processed for use as a fuel for the | ||
production of electricity and process heat, for the production | ||
of ethanol or hydrogen to be used as transportation fuel, or | ||
for both purposes. The TCTDP shall be subject to the following | ||
conditions: | ||
(1) The application for a TCTDP must demonstrate that | ||
the thermochemical conversion technology processing | ||
facility is not a major source of air pollutants but is | ||
eligible for an air permit issued pursuant to 35 Ill. Adm. | ||
Code 201.169. The application must demonstrate that the | ||
potential to emit carbon monoxide (CO), sulfur dioxide | ||
(SO 2 ), nitrogen oxides (NOx), and particulate matter (PM, | ||
PM10) individually for each pollutant does not exceed 79.9 | ||
tons per year; that the potential to emit volatile organic | ||
material (VOM) does not exceed 24.9 tons per year; that the | ||
potential to emit individual hazardous air pollutants | ||
(HAPs) does not exceed 7.9 tons per year; and that the | ||
potential to emit combined total HAPs does not exceed 19.9 |
tons per year. | ||
(2) The applicant for a TCTDP must perform emissions | ||
testing during the permit period, as required by the | ||
Agency, and submit the results of that testing to the | ||
Agency, as specified in the TCTDP, within 60 days after the | ||
completion of testing. | ||
(3) During the permit period the applicant for a TCTDP | ||
may not convert more than 4 tons per day of woody biomass | ||
in the thermochemical conversion technology processing | ||
facility. | ||
(4) The applicant for a TCTDP must demonstrate that the | ||
proposed project meets the criteria defining | ||
thermochemical conversion in subsection (b) of this | ||
Section. | ||
(5) The applicant for a TCTDP must submit application | ||
fees in accordance with subsection (c) of Section 9.12 of | ||
this Act, excluding the fees under subparagraph (B) of | ||
paragraph (2) of subsection (c) of that Section. | ||
(6) A complete application for a TCTDP must be filed in | ||
accordance with this Section and submitted to the Agency | ||
within one year after the effective date of this amendatory | ||
Act of the 96th General Assembly. | ||
(7) In addition to the TCTDP, the applicant for a TCTDP | ||
must obtain applicable water pollution control permits | ||
before constructing or operating the thermochemical | ||
conversion technology processing facility and applicable |
waste management permits before the facility receives | ||
woody biomass collected as landscape waste. In addition to | ||
authorizing receipt and treatment by thermochemical | ||
conversion of woody biomass, waste management permits may | ||
authorize, and establish limits for, storage and | ||
pre-processing of woody biomass for the exclusive use of | ||
the thermochemical conversion technology processing | ||
facility. Woody biomass received at the facility and all | ||
mineral ash and other residuals from the thermochemical | ||
conversion process must be managed in accordance with | ||
applicable provisions of this Act and rules and permit | ||
conditions adopted under the authority of this Act. The | ||
facility must be closed in accordance with applicable | ||
permit conditions.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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