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HB 5453

EPA-CCR MANAGEMENT

104th Regular Session Introduced by Carol Ammons

Illinois will regulate all CCR-related land areas through new CCR management units, establishing permits, closure care, financial assurance, and public participation to protect gro

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Bill Summary · HB 5453

Overview

HB5453 (104th General Assembly, Illinois) aims to regulate coal combustion residuals (CCR) in Illinois by creating a new category of “CCR management units,” establishing permit and closure/post-closure requirements, public participation standards, financial assurances, and related fees. The bill expands regulatory oversight beyond CCR surface impoundments to include management units at facilities that manage noncontainerized CCR on land. It imposes timelines for reporting, rulemaking, and ongoing fees to fund oversight and closure activities.

Main purpose and intent

  • Provide a comprehensive framework to regulate all CCR-related land areas at facilities that store or manage CCR, not just active CCR surface impoundments.
  • Ensure protection of groundwater and public health through permit requirements, closure/post-closure care, financial assurance, and public involvement.
  • Align state rules with federal CCR standards while enabling Illinois-specific regulations, including environmental justice considerations.

Key provisions and changes

  • Definition: Introduces “CCR management unit” as any land area at a facility with a CCR surface impoundment where noncontainerized CCR is received, placed, or managed, but which is not itself a CCR surface impoundment.
    • CCR management units do not include CCR used in a manner that fits the coal combustion by-product definition unless contamination rises above groundwater protection standards, per Board standards.
  • Reporting and information:
    • By February 8, 2027, owners/operators of CCR surface impoundments must submit Facility Evaluation Reports Part 1 and Part 2 to the Agency.
  • Rulemaking and standards:
    • The Board must adopt rules establishing permit requirements, reporting, financial assurance, and closure/post-closure care for CCR management units.
    • Rules must be at least as protective as federal CCR regulations (40 CFR Part 257 Subpart D) and cover permit contents, closure analyses, public participation, financial assurance, and EJ considerations.
  • Closure planning:
    • Before closure, owners must submit a closure alternatives analysis; complete removal of CCR should be considered.
    • Closure plans and approvals must be posted publicly by the owner/operator.
  • Permits and construction:
    • Must obtain Agency permits for CCR surface impoundments or CCR management units containing 1 ton or more CCR.
    • Contractors involved in construction/closure must participate in specified training programs (OSHA-approved curricula) for erosion control, environmental remediation, heavy equipment operation, with some professional service exclusions.
  • Financial assurance:
    • Requires a performance bond or equivalent security for CCR surface impoundments and management units (except state agencies, local governments, and certain co-ops).
    • 30-year post-closure care cost estimates; Bond forfeiture triggers cleanup contracts; Agency may approve/disapprove bonds and file appeals.
  • Public participation and EJ:
    • Rules must provide meaningful public participation procedures and identify EJ concerns related to CCR impoundments.
  • Fees and funds:
    • Initial and annual fees for CCR surface impoundments and CCR management units (specific amounts listed in the bill) to fund oversight.
    • Fees deposited into Environmental Protection Permit and Inspection Fund; a separate Coal Combustion Residual Surface Impoundment Financial Assurance Fund is created for using forfeited bonds, with spending determined by Governor and Director.
  • Reporting of CCR sales:
    • Facilities that generate CCR and sell or provide coal combustion byproducts must annually post CCR volumes sold on a public website.
  • Scope and applicability:
    • Applies to all existing CCR surface impoundments and management units, including those constructed after July 30, 2019, with constitutional considerations.
  • Timeline milestones:
    • Rulemaking: Board must propose rules within 1 year of the amendatory act’s effective date; Board to adopt within 18 months after proposal, with flexibility for JCAR oversight delays.
    • Initial fees due: by July 1, 2027; annual fees begin July 1, 2020 (surface impoundments) or 2028 (management units), with distinctions based on closure status.

Who is affected

  • CCR owners/operators with CCR surface impoundments or CCR management units in Illinois.
  • Facility owners/operators of power plants or facilities generating CCR that manage noncontainerized CCR on land.
  • Contractors, training providers, and professional services involved in construction/closure activities.
  • Local communities, particularly communities identified through EJ considerations, due to enhanced public participation requirements and attention to environmental justice.
  • State agencies (Agency and Board) responsible for permitting, reporting, and rulemaking; the environmental finance funds created may interact with state budgets.

Procedural and timeframe aspects

  • Reporting deadlines: February 8, 2027, for Facility Evaluation Reports Part 1 and Part 2.
  • Rulemaking timelines: Board to propose within 1 year; Board to adopt within 18 months after proposal, with allowances for JCAR oversight delays.
  • Financial timelines: Initial fees due by July 1, 2027 (CCR management units); ongoing annual fees begin at specified dates.
  • Public posting: Closure plans, permit applications, and approvals must be posted on publicly available websites.
  • Funding: Fees go to the Environmental Protection Permit and Inspection Fund; a separate Financial Assurance Fund holds forfeited bonds for Agency use (subject to Governor/Director approval).

Potential impact

  • Strengthened Illinois oversight of all CCR-related land areas, potentially increasing compliance costs for facilities.
  • Increased transparency and public participation in CCR-related decisions, with a focus on environmental justice.
  • More rigorous closure and post-closure care requirements, potentially extending the lifecycle and monitoring of CCR sites.
  • Creation of dedicated funds to support enforcement, closure activities, and financial assurance, reducing state risk from CCR-related environmental releases.

If you’d like, I can tailor this summary to a specific audience (e.g., policymakers, industry, or community advocates) or extract a side-by-side comparison with federal CCR standards.

Compiled from official sources — confirm details with the bill’s official record.

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