Environmental Progress - Fall 1997

Roundup of New State Environmental Laws

Legislation impacts special waste, Brownfields, water grants, and solid waste

Gov. Jim Edgar has signed several environmental impact bills approved by legislators this year. Among thir far-reaching consequences will be changing most nonhazardous solid special waste permit requirements; new incentives for redeveloping "Brownfields" sites (see related story); and authorization of the first state/federal loans to local governments for drinking water system improvements.

A former glass plant in Alton provided the backdrop as Gov. Jim Edgar signed "Brownfields" legislation in July.

The governor also approved several other legislative initiatives on solid waste disposal. They include a ban on new landfills within flood plains and changes affecting disposal of landscape wastes and fluorescent bulbs.

To reduce regulatory burdens on Illinois industry, the governor on Aug. 19 signed House Bill 2164 into law, amending the Illinois Environmental Protection Act to exclude most nonhazardous and non-liquid industrial process and pollution-control wastes from the definition of special waste. Effective immediately, businesses that certify they are following the new law's requirements may dispose of those materials as ordinary municipal wastes. The requirements include a determination that the wastes have never exhibited characteristics of, or have been listed by the EPA as, hazardous wastes; do not contain asbestos, polychlorinated biphenyls (PCBs), or auto fluff (contaminated materials from the recycling and shredding of vehicles).

"Upgrading of Illinois landfills stemming from more stringent standards since 1993 justified the changed and made the old requirements obsolete," said William Child, chief of the Illinois EPA's Bureau of Land. Although business had to segregate and transport the special solid waste separately and maintain records of its disposal, most ended up "alongside businesses' ordinary waste in the same landfill trench," Child noted.

He estimated Illinois business and industry generate about three million cubic yards per year of nonhazardous special waste. "However, because it cost 10 times as much to dispose of special waste, the savings to industry as a result of the new legislation could potentially run into hundreds of millions of dollars," Child added.

The law requires certification that waste meets the criteria for exemption from the special handling rules and provides stiff penalties, including possible prison terms, for providing false information.

Fluorescent bulbs, dry-cleaning solvents

House Bill 2164 also includes two other significant changes to the state Environmental Protection Act. One reclassifies fluorescent and high intensity lamps, currently classified as hazardous waste, as a category of universal waste. The Illinois EPA will propose specific new regulations to the Pollution Control Board to implement the reclassification.

The second change creates the Drycleaner Environmental Response Trust Fund. Starting January 1, 1998, drycleaners will start paying fees on drycleaning solvents. The revenue will be used for an insurance and reimbursement fund for cleanup costs related to releases of the solvents.

"Brownfields" Redevelopment

Gov. Edgar was in Marion on July 17 to sign legislation creating a new low-cost loan program to help local governments improve their public water supplies. Senate Bill 815 will enable Illinois to qualify for federal matching funds under the new Clean Water Act. An estimated $56 million is expected to be available for loans in the first year. The program is patterned after the state's Water Pollution Control Revolving Loan fund which has allowed hundreds of Illinois communities to improve their sewer and wastewater treatment facilities. "Safe drinking water is vital to public health and future economic growth throughout Illinois," the governor said.

Landfill Floodplain Siting Ban

Other significant legislation approved by the governor included Senate Bill 54, which, effective Jan. 1, 1998, prohibits local governments from siting new or expanded landfills or other waste disposal areas within the 100-year floodplain. Existing landfills within floodplains may still expand if they have already received local siting approval, but their financial assurance requirement will be extended from the current 30 years after closure to 100 years for flood damage only.

Other new environmental legislation includes:

• House Bill 1411, that became effective July 30, authorizes landfill operators to accept source separated and processed landscape waste for final disposal provided they have received a permit from Illinois EPA to use the waste as alternative daily cover.

• House Bill 1887, effective Aug. 17, 1997, provides that vehicles in areas subject to the Illinois EPA Vehicle Inspection and Maintenance Program may be initially inspected four years from the model year (previously two years).

• Senate Bill 778, effective Jan. 1, 1998, requires the Pollution Control Board to request the Illinois Department of Commerce and Community Affairs to conduct an economic impact study of any proposed Board rules.

• House Bill 1230, effective Aug. 19, requires legislative hearings on the prospective economic and environmental impacts of State Implementation Plans submitted to U.S. EPA by Illinois EPA to meet ozone reduction standards under the federal Clean Air Act.

• Senate Bill 140, effective Jan. 1, 1998, requires any community proposing to build or expand a pollution control facility (landfill, incinerator or waste transfer station) to notify all contiguous municipalities and the county board at least 14 days prior to the local hearing.

• Senate Bill 378, effective July 25, 1997, requires the Illinois EPA to implement the federal Uniform State Hazardous Materials Transportation Registration and Permit Program by July 1, 1998.

• Senate Bill 319, effective Aug. 10, 1997, allows expansion of the "lifetime" air permit program for facilities not subject to the Clean Air Act Permit Program or the Federally Enforceable State Operating Permit Program.

• Senate Bill 814, effective July 30, 1997, allows for third party appeals for NPDES permits. (See related article.)