Sen. Toi W. Hutchinson

Filed: 4/11/2011

 

 


 

 


 
09700SB2288sam002LRB097 10391 JDS 54249 a

1
AMENDMENT TO SENATE BILL 2288

2    AMENDMENT NO. ______. Amend Senate Bill 2288 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 9.4 and 22.16b as follows:
 
6    (415 ILCS 5/9.4)  (from Ch. 111 1/2, par. 1009.4)
7    Sec. 9.4. Municipal waste incineration emission standards.
8    (a) The General Assembly finds:
9        (1) That air pollution from municipal waste
10    incineration may constitute a threat to public health,
11    welfare and the environment. The amounts and kinds of
12    pollutants depend on the nature of the waste stream,
13    operating conditions of the incinerator, and the
14    effectiveness of emission controls. Under normal operating
15    conditions, municipal waste incinerators produce
16    pollutants such as organic compounds, metallic compounds

 

 

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1    and acid gases which may be a threat to public health,
2    welfare and the environment.
3        (2) That a combustion and flue-gas control system,
4    which is properly designed, operated and maintained, can
5    substantially reduce the emissions of organic materials,
6    metallic compounds and acid gases from municipal waste
7    incineration.
8    (b) It is the purpose of this Section to insure that
9emissions from new municipal waste incineration facilities
10which burn a total of 25 tons or more of municipal waste per
11day are adequately controlled.
12    Such facilities shall be subject to emissions limits and
13operating standards based upon the application of Best
14Available Control Technology, as determined by the Agency, for
15emissions of the following categories of pollutants:
16        (1) particulate matter, sulfur dioxide and nitrogen
17    oxides;
18        (2) acid gases;
19        (3) heavy metals; and
20        (4) organic materials.
21    (c) The Agency shall issue permits, pursuant to Section 39,
22to new municipal waste incineration facilities only if the
23Agency finds that such facilities are designed, constructed and
24operated so as to comply with the requirements prescribed by
25this Section.
26    Prior to adoption of Board regulations under subsection (d)

 

 

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1of this Section the Agency may issue permits for the
2construction of new municipal waste incineration facilities.
3The Agency determination of Best Available Control Technology
4shall be based upon consideration of the specific pollutants
5named in subsection (d), and emissions of particulate matter,
6sulfur dioxide and nitrogen oxides.
7    Nothing in this Section shall limit the applicability of
8any other Sections of this Act, or of other standards or
9regulations adopted by the Board, to municipal waste
10incineration facilities. In issuing such permits, the Agency
11may prescribe those conditions necessary to assure continuing
12compliance with the emission limits and operating standards
13determined pursuant to subsection (b); such conditions may
14include the monitoring and reporting of emissions.
15    (d) Within one year after July 1, 1986, the Board shall
16adopt regulations pursuant to Title VII of this Act, which
17define the terms in items (2), (3) and (4) of subsection (b) of
18this Section which are to be used by the Agency in making its
19determination pursuant to this Section. The provisions of
20Section 27(b) of this Act shall not apply to this rulemaking.
21    Such regulations shall be written so that the categories of
22pollutants include, but need not be limited to, the following
23specific pollutants:
24        (1) hydrogen chloride in the definition of acid gases;
25        (2) arsenic, cadmium, mercury, chromium, nickel and
26    lead in the definition of heavy metals; and

 

 

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1        (3) polychlorinated dibenzo-p-dioxins, polychlorinated
2    dibenzofurans and polynuclear aromatic hydrocarbons in the
3    definition of organic materials.
4    (e) For the purposes of this Section, the term "Best
5Available Control Technology" means an emission limitation
6(including a visible emission standard) based on the maximum
7degree of pollutant reduction which the Agency, on a
8case-by-case basis, taking into account energy, environmental
9and economic impacts, determines is achievable through the
10application of production processes or available methods,
11systems and techniques, including fuel cleaning or treatment or
12innovative fuel combustion techniques. If the Agency
13determines that technological or economic limitations on the
14application of measurement methodology to a particular class of
15sources would make the imposition of an emission standard not
16feasible, it may instead prescribe a design, equipment, work
17practice or operational standard, or combination thereof, to
18require the application of best available control technology.
19Such standard shall, to the degree possible, set forth the
20emission reduction achievable by implementation of such
21design, equipment, work practice or operation and shall provide
22for compliance by means which achieve equivalent results.
23    (f) "Municipal waste incineration" means the burning of
24municipal waste or fuel derived therefrom in a combustion
25apparatus designed to burn municipal waste that may produce
26electricity or steam as a by-product. A "new municipal waste

 

 

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1incinerator" is an incinerator initially permitted for
2development or construction after January 1, 1986. "Municipal
3waste incineration" does not include the burning of any fuel
4excluded from the definition of "solid waste" pursuant to 40
5CFR 241.3.
6    (g) The provisions of this Section shall not apply to
7industrial incineration facilities that burn waste generated
8at the same site.
9(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
 
10    (415 ILCS 5/22.16b)  (from Ch. 111 1/2, par. 1022.16b)
11    Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
12shall assess and collect a fee from the owner or operator of
13each new municipal waste incinerator. The fee shall be
14calculated by applying the rates established from time to time
15for the disposal of solid waste at sanitary landfills under
16subdivision (b)(1) of Section 22.15 to the total amount of
17municipal waste accepted for incineration at the new municipal
18waste incinerator. The exemptions provided by this Act to the
19fees imposed under subsection (b) of Section 22.15 shall not
20apply to the fee imposed by this Section.
21    The owner or operator of any new municipal waste
22incinerator permitted after January 1, 1990, but before July 1,
231990 by the Agency for the development or operation of a new
24municipal waste incinerator shall be exempt from this fee, but
25shall include the following conditions:

 

 

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1        (1) The owner or operator shall provide information
2    programs to those communities serviced by the owner or
3    operator concerning recycling and separation of waste not
4    suitable for incineration.
5        (2) The owner or operator shall provide information
6    programs to those communities serviced by the owner or
7    operator concerning the Agency's household hazardous waste
8    collection program and participation in that program.
9    For the purposes of this Section, "new municipal waste
10incinerator" means a municipal waste incinerator initially
11permitted for development or construction on or after January
121, 1990, but shall exclude any facility that uses a fuel
13excluded from the definition of "solid waste" pursuant to 40
14CFR 241.3.
15    Amounts collected under this subsection shall be deposited
16into the Municipal Waste Incinerator Tax Fund, which is hereby
17established as an interest-bearing special fund in the State
18Treasury. Monies in the Fund may be used, subject to
19appropriation:
20        (1) by the Department of Commerce and Economic
21    Opportunity to fund its public information programs on
22    recycling in those communities served by new municipal
23    waste incinerators; and
24        (2) by the Agency to fund its household hazardous waste
25    collection activities in those communities served by new
26    municipal waste incinerators.

 

 

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1    (b) Any permit issued by the Agency for the development or
2operation of a new municipal waste incinerator shall include
3the following conditions:
4        (1) The incinerator must be designed to provide
5    continuous monitoring while in operation, with direct
6    transmission of the resultant data to the Agency, until the
7    Agency determines the best available control technology
8    for monitoring the data. The Agency shall establish the
9    test methods, procedures and averaging periods, as
10    certified by the USEPA for solid waste incinerator units,
11    and the form and frequency of reports containing results of
12    the monitoring. Compliance and enforcement shall be based
13    on such reports. Copies of the results of such monitoring
14    shall be maintained on file at the facility concerned for
15    one year, and copies shall be made available for inspection
16    and copying by interested members of the public during
17    business hours.
18        (2) The facility shall comply with the emission limits
19    adopted by the Agency under subsection (c).
20        (3) The operator of the facility shall take reasonable
21    measures to ensure that waste accepted for incineration
22    complies with all legal requirements for incineration. The
23    incinerator operator shall establish contractual
24    requirements or other notification and inspection
25    procedures sufficient to assure compliance with this
26    subsection (b)(3) which may include, but not be limited to,

 

 

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1    routine inspections of waste, lists of acceptable and
2    unacceptable waste provided to haulers and notification to
3    the Agency when the facility operator rejects and sends
4    loads away. The notification shall contain at least the
5    name of the hauler and the site from where the load was
6    hauled.
7        (4) The operator may not accept for incineration any
8    waste generated or collected in a municipality that has not
9    implemented a recycling plan or is party to an implemented
10    county plan, consistent with State goals and objectives.
11    Such plans shall include provisions for collecting,
12    recycling or diverting from landfills and municipal
13    incinerators landscape waste, household hazardous waste
14    and batteries. Such provisions may be performed at the site
15    of the new municipal incinerator.
16    The Agency, after careful scrutiny of a permit application
17for the construction, development or operation of a new
18municipal waste incinerator, shall deny the permit if (i) the
19Agency finds in the permit application noncompliance with the
20laws and rules of the State or (ii) the application indicates
21that the mandated air emissions standards will not be reached
22within six months of the proposed municipal waste incinerator
23beginning operation.
24    (c) The Agency shall adopt specific limitations on the
25emission of mercury, chromium, cadmium and lead, and good
26combustion practices, including temperature controls from

 

 

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1municipal waste incinerators pursuant to Section 9.4 of the
2Act.
3    (d) The Agency shall establish household hazardous waste
4collection centers in appropriate places in this State. The
5Agency may operate and maintain the centers itself or may
6contract with other parties for that purpose. The Agency shall
7ensure that the wastes collected are properly disposed of. The
8collection centers may charge fees for their services, not to
9exceed the costs incurred. Such collection centers shall not
10(i) be regulated as hazardous waste facilities under RCRA nor
11(ii) be subject to local siting approval under Section 39.2 if
12the local governing authority agrees to waive local siting
13approval procedures.
14(Source: P.A. 94-793, eff. 5-19-06.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".