Public Act 101-0125
 
HB0456 EnrolledLRB101 03252 CPF 48260 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 
changing Section 9.4 as follows:
 



    (415 ILCS 5/9.4)  (from Ch. 111 1/2, par. 1009.4)



    Sec. 9.4. Municipal waste incineration emission standards. 

    (a) The General Assembly finds:


        (1) That air pollution from municipal waste 
    incineration may constitute
a threat to public health, 
    welfare and the environment. The amounts and
kinds of 
    pollutants depend on the nature of the waste stream, 
    operating
conditions of the incinerator, and the 
    effectiveness of emission controls.
Under normal operating 
    conditions, municipal waste incinerators produce

    pollutants such as organic compounds, metallic compounds 
    and acid gases
which may be a threat to public health, 
    welfare and the environment.


        (2) That a combustion and flue-gas control system, 
    which is properly
designed, operated and maintained, can 
    substantially reduce the emissions
of organic materials, 
    metallic compounds and acid gases from municipal
waste 
    incineration.

    (b) It is the purpose of this Section to insure that 
emissions from new
municipal waste incineration facilities 
which burn a total of 25 tons or
more of municipal waste per 
day are adequately controlled.

    Such facilities shall be subject to emissions limits and 
operating
standards based upon the application of Best 
Available Control Technology,
as determined by the Agency, for 
emissions of the following categories of
pollutants:


        (1) particulate matter, sulfur dioxide and nitrogen 
    oxides;


        (2) acid gases;


        (3) heavy metals; and


        (4) organic materials.

    (c) The Agency shall issue permits, pursuant to Section 39, 
to new
municipal waste incineration facilities only if the 
Agency finds that such
facilities are designed, constructed and 
operated so as to comply with the
requirements prescribed by 
this Section.

    Prior to adoption of Board regulations under subsection (d) 
of this
Section the Agency may issue permits for the 
construction of new municipal
waste incineration facilities.  
The Agency determination of Best Available
Control Technology 
shall be based upon consideration of the specific
pollutants 
named in subsection (d), and emissions of particulate matter,

sulfur dioxide and nitrogen oxides.

    Nothing in this Section shall limit
the applicability of 
any other Sections of this Act, or of other standards
or 
regulations adopted by the Board, to municipal waste 
incineration
facilities.  In issuing such permits, the Agency 
may prescribe those
conditions necessary to assure continuing 
compliance with the emission
limits and operating standards 
determined pursuant to subsection (b); such
conditions may 
include the monitoring and reporting of emissions.

    (d) Within one year after July 1, 1986, the Board shall 
adopt regulations pursuant to Title
VII of this Act, which 
define the terms in items (2), (3) and (4) of subsection
(b) of 
this Section which are to be used by the Agency in making its

determination pursuant to this Section.  The provisions of 
Section 27(b) of
this Act shall not apply to this rulemaking.

    Such regulations shall be written so that the categories of 
pollutants
include, but need not be limited to, the following 
specific pollutants:


        (1) hydrogen chloride in the definition of acid gases;


        (2) arsenic, cadmium, mercury, chromium, nickel and 
    lead in the
definition of heavy metals; and


        (3) polychlorinated dibenzo-p-dioxins, polychlorinated 
    dibenzofurans and
polynuclear aromatic hydrocarbons in the 
    definition of organic materials.

    (e) For the purposes of this Section, the term "Best 
Available Control
Technology" means an emission limitation

(including a visible emission standard) based on the maximum 
degree of
pollutant reduction which the Agency, on a 
case-by-case basis, taking into
account energy, environmental 
and economic impacts, determines is
achievable through the 
application of production processes or available
methods, 
systems and techniques, including fuel cleaning or treatment or

innovative fuel combustion techniques.  If the Agency 
determines that
technological or economic limitations on the 
application of measurement
methodology to a particular class of 
sources would make the imposition of
an emission standard not 
feasible, it may instead prescribe a design,
equipment, work 
practice or operational standard, or combination thereof,
to 
require the application of best available control technology.  
Such standard
shall, to the degree possible, set forth the 
emission reduction achievable by
implementation of such 
design, equipment, work practice or operation and
shall provide 
for compliance by means which achieve equivalent results.

    (f) "Municipal waste incineration" means the burning of 
municipal waste
or fuel derived therefrom in a combustion 
apparatus designed to burn
municipal waste that may produce 
electricity or steam as a by-product.  A
"new municipal waste 
incinerator" is an incinerator initially permitted for

development or construction after January 1, 1986.

    (g) The provisions of this Section shall not apply  to the 
following:
        (1) industrial
incineration facilities that burn waste 
    generated at the same site; or .
        (2) industrial incineration facilities that burn 
    material or fuel derived therefrom for which the United 
    States Environmental Protection Agency has issued a 
    non-waste determination finding the material is not a solid 
    waste under the Resource Conservation and Recovery Act (42 
    U.S.C. 6901 et. seq.) Non-Hazardous Secondary Materials 
    Rule at 40 CFR 241.3(c). 

(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.