Rules Will Require
Total Enclosure of Petcoke Piles and Other Environmental
Protections
CHICAGO – Governor
Pat Quinn today announced emergency administrative rules designed to protect
Illinois residents from petroleum coke (petcoke). Under the Governor’s order,
the rules will be filed later this week as part of his agenda to protect
Illinois’ natural resources and ensure a clean and healthy environment for
future generations.
“No one should have
to eat, sleep or work with harmful dust blowing into their community,” Governor
Quinn said. “No matter who you are or where you live, everyone has a right to a
healthy environment. These rules will make sure that no one in Illinois has to
worry about petroleum coke.”
Through its authority
under the Illinois Environmental Protection Act, the Illinois Environmental
Protection Agency (IEPA) will submit administrative rules to the Illinois
Pollution Control Board (IPCB) that would set statewide standards for any
facility that manages or stores petcoke or related materials. Chief among these
will be a requirement for total enclosure of petcoke during its transport,
processing and storage.
The IEPA has been
working with federal, state and local officials since being approached by
community residents with concerns about petcoke dust blowing into their homes
causing discomfort and potentially serious health issues. The IEPA has referred
numerous allegations of state environmental regulation violations to Attorney
General Lisa Madigan. The Attorney General, in cooperation with the city of
Chicago, has filed lawsuits against two petcoke companies. The IEPA has halted
permit activity for petcoke operations pending a review of their impacts on air,
land and water.
“At Governor Quinn’s
direction, we will continue to do everything necessary to ensure that Illinois
does not become a dumping ground for petroleum coke,” IEPA Director Lisa Bonnett
said. “After seeing the piles firsthand and how they are affecting this
community, it’s clear that strong action is necessary. We are committed to
continuing the cooperative efforts at the federal, state and local level to
address this issue.”
The rules will take
effect on an emergency basis upon filing with the Secretary of State later this
week. This action triggers a series of actions to be taken by the IPCB, which
include a required three-step notice process that incorporates public testimony
and hearings as well as legal and economic impacts before official and permanent
adoption. Major timelines and provisions that would be effective upon official
adoption include:
·
Within five days, a
facility must install equipment to monitor wind speed.
·
Within 30 days, a
facility must install dust suppression systems along conveyor systems and any
piles that are not totally enclosed.
·
Within 30 days, a
facility must submit applications for necessary permits and a comprehensive
wastewater and stormwater runoff plan to IEPA that ensures that runoff that has
come into contact with the piles is prevented from entering the waters of the
state and complete it within 60 days of approval.
·
Within 45 days, a
facility must submit a plan to IEPA for total enclosure of all coke and coal
piles, transfer points, loading and unloading areas, screening areas, crushing
and sizing areas to be completed within two years of these rules being adopted.
Enclosure structures must be equipped with air pollution systems at all vents
and entrances and exits for material and vehicles as well as an impermeable base
to guard against ground seepage.
·
Within 45 days, a
facility must submit a plan to IEPA to minimize the impact of truck traffic on
residential areas near the source. All petcoke loading and transport must be
done in vehicles sufficiently covered to guard against fugitive dust
emissions.
·
With 45 days, a
facility must submit a plan to IEPA for coke and coal fugitive dust that must
adhere to requirements in the Illinois Environmental Protection Act and must be
updated at least semi-annually or within 30 days of a major equipment or control
change.
·
Within 60 days, a
facility must remove all petcoke and coal that has been at the source for more
than one year.
·
Within 60 days, a
facility must locate any piles, loading operations, transfer or emission points
that are not totally enclosed to at least 200 feet inside the property line of
the source, a minimum of 200 feet from all waters of the United States, all
public water supply reservoirs and intakes and all potable wells and onto
impenetrable bases or pads.
·
Within 60 days, no
pile may exceed 30 feet in height. Visible height markers must also be
installed.
·
A least once per
calendar week, a facility must measure moisture content of representative
samples and adjust dust suppression measures so as to meet certain standards and
inspect all dust suppression equipment so as to ensure adequate
operations.
·
At least monthly, a
facility must certify the operation of all dust suppression systems at all times
during the processing of coal and coke and submit records to IEPA showing the
types and quantities of materials delivered to and transported from the source,
and data reflecting cleaning, street-sweeping and equipment maintenance
frequency.
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