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90_SB0651
415 ILCS 5/9.4 from Ch. 111 1/2, par. 1009.4
Amends the Environmental Protection Act to add a caption.
LRB9003129DPmg
LRB9003129DPmg
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 9.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 9.4 as follows:
7 (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
8 Sec. 9.4. Municipal waste incineration; standards;
9 permit.
10 (a) The General Assembly finds:
11 (1) That air pollution from municipal waste incineration
12 may constitute a threat to public health, welfare and the
13 environment. The amounts and kinds of pollutants depend on
14 the nature of the waste stream, operating conditions of the
15 incinerator, and the effectiveness of emission controls.
16 Under normal operating conditions, municipal waste
17 incinerators produce pollutants such as organic compounds,
18 metallic compounds and acid gases which may be a threat to
19 public health, welfare and the environment.
20 (2) That a combustion and flue-gas control system, which
21 is properly designed, operated and maintained, can
22 substantially reduce the emissions of organic materials,
23 metallic compounds and acid gases from municipal waste
24 incineration.
25 (b) It is the purpose of this Section to insure that
26 emissions from new municipal waste incineration facilities
27 which burn a total of 25 tons or more of municipal waste per
28 day are adequately controlled.
29 Such facilities shall be subject to emissions limits and
30 operating standards based upon the application of Best
31 Available Control Technology, as determined by the Agency,
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1 for emissions of the following categories of pollutants:
2 (1) particulate matter, sulfur dioxide and nitrogen
3 oxides;
4 (2) acid gases;
5 (3) heavy metals; and
6 (4) organic materials.
7 (c) The Agency shall issue permits, pursuant to Section
8 39, to new municipal waste incineration facilities only if
9 the Agency finds that such facilities are designed,
10 constructed and operated so as to comply with the
11 requirements prescribed by this Section.
12 Prior to adoption of Board regulations under subsection
13 (d) of this Section the Agency may issue permits for the
14 construction of new municipal waste incineration facilities.
15 The Agency determination of Best Available Control Technology
16 shall be based upon consideration of the specific pollutants
17 named in subsection (d), and emissions of particulate matter,
18 sulfur dioxide and nitrogen oxides.
19 Nothing in this Section shall limit the applicability of
20 any other Sections of this Act, or of other standards or
21 regulations adopted by the Board, to municipal waste
22 incineration facilities. In issuing such permits, the Agency
23 may prescribe those conditions necessary to assure continuing
24 compliance with the emission limits and operating standards
25 determined pursuant to subsection (b); such conditions may
26 include the monitoring and reporting of emissions.
27 (d) Within one year after the effective date of this
28 amendatory Act of 1985, the Board shall adopt regulations
29 pursuant to Title 7 of this Act, which define the terms in
30 items (2), (3) and (4) of subsection (b) of this Section
31 which are to be used by the Agency in making its
32 determination pursuant to this Section. The provisions of
33 Section 27b of this Act shall not apply to this rulemaking.
34 Such regulations shall be written so that the categories
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1 of pollutants include, but need not be limited to, the
2 following specific pollutants:
3 (1) hydrogen chloride in the definition of acid gases;
4 (2) arsenic, cadmium, mercury, chromium, nickel and lead
5 in the definition of heavy metals; and
6 (3) polychlorinated dibenzo-p-dioxins, polychlorinated
7 dibenzofurans and polynuclear aromatic hydrocarbons in the
8 definition of organic materials.
9 (e) For the purposes of this Section, the term "Best
10 Available Control Technology" means an emission limitation
11 (including a visible emission standard) based on the maximum
12 degree of pollutant reduction which the Agency, on a
13 case-by-case basis, taking into account energy, environmental
14 and economic impacts, determines is achievable through the
15 application of production processes or available methods,
16 systems and techniques, including fuel cleaning or treatment
17 or innovative fuel combustion techniques. If the Agency
18 determines that technological or economic limitations on the
19 application of measurement methodology to a particular class
20 of sources would make the imposition of an emission standard
21 not feasible, it may instead prescribe a design, equipment,
22 work practice or operational standard, or combination
23 thereof, to require the application of best available control
24 technology. Such standard shall, to the degree possible, set
25 forth the emission reduction achievable by implementation of
26 such design, equipment, work practice or operation and shall
27 provide for compliance by means which achieve equivalent
28 results.
29 (f) "Municipal waste incineration" means the burning of
30 municipal waste or fuel derived therefrom in a combustion
31 apparatus designed to burn municipal waste that may produce
32 electricity or steam as a by-product. A "new municipal waste
33 incinerator" is an incinerator initially permitted for
34 development or construction after January 1, 1986.
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1 (g) The provisions of this Section shall not apply to
2 industrial incineration facilities that burn waste generated
3 at the same site.
4 (Source: P.A. 84-957.)