HB 4622 — RECYCLING-WOOD COMBUSTION

*LRB09517011BDD43059b* HB4622 95THEngrossed GENERALLRB095 ASSEMBLY17011 StateBDD of43059 Illinoisb andAN 2008ACT HB4622concerning bysafety. Rep.

William Davis SYNOPSIS AS INTRODUCED:

ILCS 5/22.38 ILCS 20/2.1 from Ch.

111 1/2, par.

7052.1 Amends the Environmental Protection Act.

Specifies that the term "recyclable general construction debris" includes clean wood that is segregated from general construction or demolition debris and that is processed for use as fuel.

Amends the Illinois Solid Waste Management Act.

Provides that the definition of "recycling" includes the combustion of wood or biomass fuel for energy recovery.

Effective immediately.

LRB095 17011 BDD 43059 b A BILL FOR HB4622 LRB095 17011 BDD 43059 b AN ACT concerning safety.

(1) within 48 hours of receipt of the general construction or demolition debris at the facility, sort the general construction or demolition debris to separate the HB4622 Engrossed - 2 - LRB095 17011 BDD 43059 b recyclable general construction or demolition debris from non-recyclable general construction or demolition debris to be disposed of or discarded;

(8) control, manage, and dispose of any storm water runoff and leachate generated at the facility in accordance HB4622 Engrossed - 3 - LRB095 17011 BDD 43059 b with applicable federal, State, and local requirements;

(F) the name and location of an individual, facility, or business to which recyclable materials HB4622 Engrossed - 4 - LRB095 17011 BDD 43059 b will be transported;

"Recyclable general construction or demolition debris" does not include general construction or demolition debris processed for use as fuel, incinerated, burned, buried, or otherwise used as fill materialmaterial. but does include clean wood that is segregated from general construction or demolition debris and that is processed for use as a fuel.

"Recyclable general construction or demolition debris" does, however, include wood that is salvaged from general construction or demolition debris and that is processed for use as fuel if the requirements for the acceptance and combustion of the wood fuel are included in a fuel specification that is approved for the combustor in a permit issued by the Agency and if:

(1) the processing of salvaged wood into wood fuel in accordance with applicable permit requirements removes all foreign materials (including, without limitation, HB4622 Engrossed - 5 - LRB095 17011 BDD 43059 b electrical wiring, metal and plastic objects, brick, stone, insulation, cardboard, and paper) and contaminated wood (including, without limitation, preserved wood, painted wood, laminated wood, particle board, and chemical-stained or oil-stained wood);

or (2) the wood salvaged for processing into wood fuel in accordance with applicable permit requirements and that has not had all foreign materials and contaminated wood removed is supplied only to intermediaries or end-users that have obtained all necessary waste management and air permits for handling and combustion of the wood fuel.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other HB4622 Engrossed - 6 - LRB095 17011 BDD 43059 b Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this subsection, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

8-17-97.) HB4622 - 5 - LRB095 17011 BDD 43059 b Section 10.

"Department", when a particular entity is not specified, means (i) in the case of a function to be performed on or after July 1, 1995 (the effective date of the Department of Natural HB4622 Engrossed - 7 - LRB095 17011 BDD 43059 b Resources Act), the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), as successor to the former Department of Energy and Natural Resources under the Department of Natural Resources Act;

"High grade printing and writing papers" includes offset printing paper, duplicator paper, writing paper (stationery), office paper, note pads, xerographic paper, envelopes, form HB4622 - 6 - LRB095 17011 BDD 43059 b bond including computer paper and carbonless forms, book papers, bond papers, ledger paper, book stock and cotton fiber papers.

HB4622 Engrossed - 8 - LRB095 17011 BDD 43059 b "Recovered paper material" means paper waste generated after the completion of the papermaking process, such as postconsumer materials, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls, and mill wrappers, obsolete inventories, and rejected unused stock.

"Recycling" means the process by which solid waste is collected, separated and processed for reuse as either a raw HB4622 - 7 - LRB095 17011 BDD 43059 b material or a product which itself is subject to recycling, but does not include the combustion of waste for energy recovery or volume reduction.

"Recycling", however, does include the combustion of wood or other biomass fuel for energy recovery.recovery if the requirements for acceptance and combustion of the wood or other biomass fuel are included in a fuel specification approved for the combustor in a permit issued by the Agency and if:

(1) the wood or other biomass is salvaged from non-hazardous, solid waste and converted into fuel in accordance with applicable permit requirements using a HB4622 Engrossed - 9 - LRB095 17011 BDD 43059 b process that removes all foreign materials (including, without limitation, electrical wiring, metal and plastic objects, brick, stone, insulation, cardboard, and paper) and contaminated wood (including, without limitation, preserved wood, painted wood, laminated wood, particle board, and chemical-stained or oil-stained wood);

or (2) the wood or other biomass is salvaged from non-hazardous, solid waste and converted into fuel in accordance with applicable permit requirements using a process that does not remove all foreign materials and contaminated wood and is supplied only to intermediaries or end-users that have obtained all necessary waste management and air permits for handling and combustion of the wood fuel.

For purposes of this definition, "biomass" includes, but is not limited to, wood and agricultural residues (e.g.

corn stover and wheat straw).

Biomass that is used as fuel for energy recovery excludes, without limitation, energy crops (i.e.

those produced solely or primarily for use as feedstocks in energy generation processes), sludge (as defined in Section 3.456 of the Environmental Protection Act), manure, and garbage (as defined in Section 3.200 of the Environmental Protection Act).

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or HB4622 Engrossed - 10 - LRB095 17011 BDD 43059 b promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this subsection, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

"USEPA Guidelines for federal procurement" means all HB4622 Engrossed - 11 - LRB095 17011 BDD 43059 b minimum recycled content standards recommended by the U.S.

5-19-06.) Section 99.

Effective date.