Bill Text: IL SB3393 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Environmental Protection Act. Requires an owner or operator of an active municipal solid waste landfill with less than 200,000 tons of waste in place to submit an annual waste-in-place report to the Environmental Protection Agency until the active municipal solid waste landfill has 450,000 or more tons of waste in place or the Agency issues a certificate of closure to the site. Requires an owner or operator of an active municipal solid waste landfill having 200,000 or more tons of waste in place or a closed municipal solid waste landfill having 400,000 or more tons of waste in place to calculate the methane generation rate and submit a methane generation rate report to the Agency. Sets forth actions an owner or operator of a municipal solid waste landfill must take if there is a calculated methane generation rate that is greater than or equal to 664 metric tons. Requires an owner or operator of a municipal solid waste landfill to conduct a source test for any gas control device using certain test methods. Provides that no location on a municipal solid waste landfill surface may exceed specified methane concentration limits. Establishes the methods that must be used for measurements and tests. Sets forth penalties for violations of the provisions. Allows the Agency to adopt rules to implement the provisions. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB3393 Detail]

Download: Illinois-2023-SB3393-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3393 Introduced 2/8/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
415 ILCS 5/22.40b new
Amends the Environmental Protection Act. Requires an owner or operator of an active municipal solid waste landfill with than 200,000 or more tons of waste in place to submit an annual waste-in-place report to the Environmental Protection Agency until the active municipal solid waste landfill has 450,000 or more tons of waste in place or the Agency issues a certificate of closure to the site. Requires an owner or operator of an active municipal solid waste landfill having 200,000 or more tons of waste in place or a closed municipal solid waste landfill having 400,000 or more tons of waste in place to calculate the methane generation rate and submit a methane generation rate report to the Agency. Sets forth actions an owner or operator of a municipal solid waste landfill must take if there is a calculated methane generation rate that is greater than or equal to 664 metric tons. Requires an owner or operator of a municipal solid waste landfill to conduct a source test for any gas control device using certain test methods. Provides that no location on a municipal solid waste landfill surface may exceed specified methane concentration limits. Establishes the methods that must be used for measurements and tests. Sets forth penalties for violations of the provisions. Allows the Agency to adopt rules to implement the provisions. Makes other changes.
LRB103 36385 LNS 66486 b
A BILL FOR
SB3393 LRB103 36385 LNS 66486 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
adding Section 22.40b as follows:
(415 ILCS 5/22.40b new)
Sec. 22.40b. Methane emissions; landfills.
(a) In this Section:
"Active municipal solid waste landfill" means a municipal
solid waste landfill that has accepted or is accepting solid
waste for disposal and has not been closed in accordance with
the requirements set forth in Sections 22.17 and 22.19b.
"Advanced methane monitoring technology" means technology
that can detect methane emissions at landfills, including, but
not limited to, technologies such as drones, mobile ground
vehicles, continuous emissions monitoring systems, and
satellite technologies that measure surface methane at
landfills.
"Agency" means the Environmental Protection Agency.
"Closed municipal solid waste landfill" means a municipal
solid waste landfill that no longer accepts solid waste for
disposal and has been closed in accordance with the
post-closure requirements set forth in Sections 22.17 and

SB3393 - 2 - LRB103 36385 LNS 66486 b
22.19b.
"Emission" means a release of an air contaminant into the
ambient air.
"Gas collection system" means a system that employs
various gas collection wells, connected piping, mechanical
blowers, fans, pumps, or compressors to create a pressure
gradient and that actively extracts landfill gas.
"Gas control device" means a device used to dispose of or
treat collected landfill gas, including, but not limited to,
enclosed flares, internal combustion engines, boilers,
boiler-to-steam turbine systems, fuel cells, and gas turbines.
"Gas control system" means a system that disposes of or
treats collected landfill gas by:
(1) combustion; or
(2) treatment of gas for subsequent sale or for sale
for off-site processing, including, but not limited to,
for transportation fuel and injection into a natural gas
pipeline.
"Municipal solid waste landfill" means a discrete area of
land or an excavation that receives household waste and that
is not a land application site, surface impoundment, injection
well, or pile.
"Person" means an individual, firm, public or private
corporation, association, partnership, political subdivision
of the State, municipality, or governmental agency.
(b) This Section applies to all municipal solid waste

SB3393 - 3 - LRB103 36385 LNS 66486 b
landfills, except:
(1) landfills that receive only hazardous waste or are
currently regulated under the federal Comprehensive
Environmental Response, Compensation, and Liability Act;
and
(2) landfills that receive only inert waste or
nondecomposable wastes.
(c) The Agency shall propose and adopt rules to implement
this Section.
(d) An owner or operator of an active municipal solid
waste landfill having less than 200,000 tons of waste in place
must submit an annual waste-in-place report to the Agency
until (i) the active municipal solid waste landfill has
450,000 or more tons of waste in place or (ii) the Agency
issues a certificate of closure to the site. The annual
waste-in-place report must be:
(1) prepared for the period of January 1 through
December 31 of each year; and
(2) submitted to the Agency in the immediately
following calendar year by a date established by the
Agency by rule.
(e) An owner or operator of an active municipal solid
waste landfill having 200,000 or more tons of waste in place or
a closed municipal solid waste landfill having 400,000 or more
tons of waste in place must calculate a methane generation
rate in accordance with subsection (k) and the Agency's rules

SB3393 - 4 - LRB103 36385 LNS 66486 b
and must submit a methane generation rate report to the
Agency. If the calculated methane generation rate is less than
664 metric tons, the owner or operator must:
(1) recalculate the methane generation rate annually
using the procedures specified in subsection (j) and the
rules adopted under this Section; and
(2) submit an annual methane generation rate report to
the Agency until either:
(A) the calculated methane generation rate is
greater than or equal to 664 metric tons; or
(B) if the municipal solid waste landfill is
active, the owner or operator submits a closure
notification in accordance with subsection (i).
(f) If the methane generation rate is greater than or
equal to 664 metric tons, the owner or operator must either:
(1) comply with the requirements of this Section and
the rules adopted under this Section; or
(2) demonstrate to the satisfaction of the Agency that
after 4 years there is no measured concentration of
methane that is greater than or equal to 200 parts per
million, by volume, using the instantaneous surface
monitoring procedures specified in the rules adopted under
this Section, based on the monitoring results, and:
(A) if there is any measured concentration of
methane that is greater than or equal to 200 parts per
million, by volume, from the surface of the active or

SB3393 - 5 - LRB103 36385 LNS 66486 b
closed municipal solid waste landfill, comply with
this Section and the rules adopted under this Section;
(B) if there is no measured concentration of
methane that is greater than or equal to 200 parts per
million, by volume, from the surface of the active
municipal solid waste landfill, recalculate the
methane generation rate annually as required under
this Section until the owner or operator submits a
closure notification under subsection (j); or
(C) if there is no measured concentration of
methane that is greater than or equal to 200 parts per
million, by volume, from the surface of a closed
municipal solid waste landfill, submit to the Agency
for approval:
(i) a waste-in-place report in accordance with
this Section and the rules adopted under this
Section; and
(ii) all instantaneous surface monitoring
records.
(g) An owner or operator of a municipal solid waste
landfill that has a calculated methane generation rate that is
greater than or equal to 664 metric tons must install a gas
collection and control system that meets the requirements of
this Section and the rules adopted under this Section, unless
the owner or operator demonstrates to the satisfaction of the
Agency that after 4 years there is no measured concentration

SB3393 - 6 - LRB103 36385 LNS 66486 b
of methane that is greater than or equal to 200 parts per
million, by volume, using instantaneous surface monitoring
procedures. If a municipal solid waste landfill partners with
a third party to operate all or a portion of the gas collection
and control system or energy recovery device, the obligation
to comply with this Section is the responsibility of the owner
or operator of the relevant portion of the gas collection and
control system or energy recovery device.
(1) The gas collection and control system required
under this subsection (g) must handle the expected gas
generation flow rate from the entire area of the municipal
solid waste landfill and must collect gas at an extraction
rate that complies with the surface methane emission
limits under this Section and the rules adopted under this
Section.
(2) The gas collection and control system required
under this subsection (g) must be designed and operated so
that there is no landfill gas leak that results in a
concentration of methane that is greater than or equal to
500 parts per million of methane, by volume, measured at
any component under positive pressure, and it must collect
gas in all areas of the landfill at an extraction rate in
compliance with the surface methane emission limits.
(3) If the gas collection and control system required
under this subsection (g) uses a flare, the gas collection
and control system must achieve a methane destruction

SB3393 - 7 - LRB103 36385 LNS 66486 b
efficiency of at least 99%, by weight, and it may use an
enclosed flare or, until January 1, 2029, an open flare.
(4) If the gas collection and control system uses an
open flare:
(A) the open flare must meet the requirements of
40 CFR 60.18; and
(B) the owner must report to the Agency the
duration of the open flare if the duration exceeded 10
days.
(5) If the gas collection and control system does not
use a flare, the gas collection and control system must
either route the collected gas to an energy recovery
device or must route the collected gas to a treatment
system that processes the collected gas for subsequent
sale or use.
(6) If the gas collection and control system routes
the collected gas to an energy recovery device or devices,
the owner or operator of the energy recovery device or
devices must comply with the following requirements:
(A) the device must achieve a methane destruction
efficiency of at least 99%, by weight, except for
lean-burn internal combustion engines that were
installed and operating before January 1, 2022, which
must reduce the outlet methane concentration to less
than 3,000 parts per million, by volume, dry basis
corrected to 15% oxygen; and

SB3393 - 8 - LRB103 36385 LNS 66486 b
(B) if a boiler or a process heater is used as the
gas control device, the landfill gas stream must be
introduced into the flame zone, except that, where the
landfill gas is not the primary fuel for the boiler or
process heater, introduction of the landfill gas
stream into the flame zone is not required.
(7) If the gas collection and control system routes
the collected gas to a treatment system that processes the
collected gas for subsequent sale or use, the gas
collection and control system must achieve a methane leak
rate of 1% or less, by weight, and venting processed
landfill gas to the ambient air is not allowed.
(8) If the processed landfill gas cannot be routed for
subsequent sale or use, then the treated landfill gas must
achieve a methane destruction efficiency of at least 99%,
by weight.
(h) Each owner or operator of an active municipal solid
waste landfill with a gas collection and control system must
operate the gas collection and control system so that gas is
collected from areas, cells, or groups of cells in the
municipal solid waste landfill in which solid waste has been
in place for one or more years.
(i) An owner or operator of a municipal solid waste
landfill must conduct a source test for any gas control device
that is subject to this Section, using the relevant test
methods identified in or adopted pursuant to this Section. If

SB3393 - 9 - LRB103 36385 LNS 66486 b
a gas control device was in compliance with relevant source
testing requirements on June 9, 2023, the owner or operator
must conduct the source test no less frequently than once
every year. If a gas control device was not in compliance with
source testing requirements on June 9, 2023, or if a
subsequent source test shows the gas control device is out of
compliance, the owner or operator must conduct the source test
no less frequently than once every 6 months until 2 subsequent
consecutive tests both show compliance.
(j) Except as provided in subsection (e), beginning on
January 1 of the year following the year in which the Agency
adopts rules to implement this Section or, in the case of a gas
collection and control system installed or modified after that
date, beginning on the date that the gas collection and
control system begins operation, whichever is later, the
concentration of methane measured from the surface of the
landfill shall not, except in the case of nonrepeatable
momentary readings, exceed:
(1) 200 parts per million, by volume, if measured by
instantaneous surface emissions monitoring; or
(2) an average methane concentration limit of 25 parts
per million, by volume, if measured by integrated surface
emissions monitoring.
The owner or operator must record all readings, must
include the date, location, and value of each reading, and,
for any reading that exceeds the limits, must record the date,

SB3393 - 10 - LRB103 36385 LNS 66486 b
location, and value of each exceedance, along with retest
dates and results and the location of each exceedance must be
clearly marked and identified on a topographic map of the
municipal solid waste landfill, drawn to scale, with the
location of both the monitoring grids and the gas collection
system clearly identified; and (ii) take corrective action,
which may include, but is not limited to, maintenance or
repair of the cover, or well vacuum adjustments. The location
or locations of any exceedance must be monitored within 10
calendar days after a measured exceedance.
Through its implementing rules, the Agency must determine
the monitoring actions and corrective actions required in
response to a methane emissions reading provided to the Agency
or the landfill operator or owner by a credible third party,
with the goal of quickly mitigating methane emission point
sources.
(k) An owner or operator of a municipal solid waste
landfill with a gas collection and control system must:
(1) conduct instantaneous and integrated surface
monitoring of the landfill surface, including using
advanced methane technology to assist with the objective
of comprehensive monitoring across the entire surface
area, according to rules adopted by the Agency;
(2) monitor the gas control system according to the
requirements specified in rules adopted by the Agency; and
(3) monitor each individual wellhead to determine the

SB3393 - 11 - LRB103 36385 LNS 66486 b
gauge pressure and water accumulation levels according to
the requirements specified in rules adopted by the Agency.
(l) An owner or operator of a municipal solid waste
landfill must:
(1) maintain records and prepare reports in accordance
with this Section and any rules adopted under this
Section;
(2) maintain records related to monitoring, testing,
landfill operations, and the operation of a gas control
device, gas collection system, and gas control system. The
records must be provided by the owner or operator to the
Agency within 5 business days after a request from the
Agency;
(3) maintain records related to the type of face and
percentage of face used, timing of final cover
installation on each cell, the dates of intermediate and
final cover installation, the type of cover installed, and
the annual amount of methane gas collected from the waste
under intermediate and daily cover;
(4) if the landfill ceases to accept waste, submit a
closure notification to the Agency within 30 days after
ceasing to accept waste; and
(5) submit a gas collection and control system
equipment removal report to the Agency within 30 days
after well capping or the removal or cessation of
operation of the gas collection, treatment, or control

SB3393 - 12 - LRB103 36385 LNS 66486 b
system equipment. An owner or operator of either an active
municipal solid waste landfill with 200,000 or more tons
of waste-in-place or a closed municipal solid waste
landfill with 400,000 or more tons of waste-in-place must
prepare an annual report for the period of January 1
through December 31 of each year. The annual report must
include a calculation of methane generation rate. Each
annual report must be submitted to the Agency during the
subsequent calendar year, with the date of submission to
be established through rules.
(m) Except as provided under paragraph (8), the following
methods must be used for measurements and tests conducted
under this Section:
(1) any instrument used for the measurement of methane
must be a hydrocarbon detector or other equivalent
instrument approved by the Agency based on standards
adopted by the Agency that address calibration,
specifications, and performance criteria;
(2) the determination of methane generation rate must
be calculated consistent with the rules adopted under this
Section;
(3) an owner or operator of a municipal solid waste
landfill must measure the landfill surface concentration
of methane using a hydrocarbon detector meeting the
requirements of this Section and the rules adopted under
this Section;

SB3393 - 13 - LRB103 36385 LNS 66486 b
(4) an owner or operator of a municipal solid waste
landfill must measure leaks using a hydrocarbon detector,
inclusive of advanced methane detection technology,
meeting the requirements of this Section and the rules
adopted under this Section;
(5) the expected gas generation flow rate must be
determined according to the rules adopted under this
Section;
(6) the control device destruction efficiency must be
at least 99% and must be compliant with Agency rules;
(7) gauge pressure must be determined using a handheld
manometer, magnehelic gauge, or other pressure measuring
device approved by the Agency; and
(8) alternative test methods may be used if they are
approved in writing by the Agency; and
(9) water accumulation levels must be determined
according to the rules adopted under this Section.
In the rules adopted under this Section, the Agency shall
develop a performance-based standard for permanent removal of
the gas collection and control system after landfill closure,
with a procedure for surface emissions demonstration.
(n) An owner or operator of a municipal solid waste
landfill may request alternatives to the compliance measures,
monitoring requirements, and test methods and procedures set
forth in this Section and the rules adopted under this
Section. Any alternatives requested by the owner or operator

SB3393 - 14 - LRB103 36385 LNS 66486 b
must be submitted in writing to the Agency. The criteria that
the Agency may use to evaluate alternative compliance option
requests include, but are not limited to:
(1) compliance history;
(2) documentation containing the landfill gas flow
rate and measured methane concentrations for individual
gas collection wells or components;
(3) permits;
(4) component testing and surface monitoring results;
(5) gas collection and control system operation,
maintenance, and inspection records; and
(6) historical meteorological data.
The Agency must review and either approve or disapprove
the requested alternatives within 120 days. The Agency may
request that additional information be submitted as part of
the review of the requested alternatives. If a request for an
alternative compliance option is denied, the Agency must
provide written reasons for the denial. The Agency must deny a
request for alternative compliance measures if the request
does not provide levels of enforceability or methane emissions
control that are equivalent to those set forth in this Section
or in rules adopted by the Agency under this Section.
(o) The Agency may request that any owner or operator of a
municipal solid waste landfill demonstrate that a landfill
does not meet the applicability criteria required under this
Section. The demonstration must be submitted to the Agency

SB3393 - 15 - LRB103 36385 LNS 66486 b