Full Text of SB2288 97th General Assembly
SB2288eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing 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 | 17 | | and acid gases
which may be a threat to public health, | 18 | | welfare and the environment.
| 19 | | (2) That a combustion and flue-gas control system, | 20 | | which is properly
designed, operated and maintained, can | 21 | | substantially reduce the emissions
of organic materials, | 22 | | metallic compounds and acid gases from municipal
waste | 23 | | incineration.
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| 1 | | (b) It is the purpose of this Section to insure that | 2 | | emissions from new
municipal waste incineration facilities | 3 | | which burn a total of 25 tons or
more of municipal waste per | 4 | | day are adequately controlled.
| 5 | | Such facilities shall be subject to emissions limits and | 6 | | operating
standards based upon the application of Best | 7 | | Available Control Technology,
as determined by the Agency, for | 8 | | emissions of the following categories of
pollutants:
| 9 | | (1) particulate matter, sulfur dioxide and nitrogen | 10 | | oxides;
| 11 | | (2) acid gases;
| 12 | | (3) heavy metals; and
| 13 | | (4) organic materials.
| 14 | | (c) The Agency shall issue permits, pursuant to Section 39, | 15 | | to new
municipal waste incineration facilities only if the | 16 | | Agency finds that such
facilities are designed, constructed and | 17 | | operated so as to comply with the
requirements prescribed by | 18 | | this Section.
| 19 | | Prior to adoption of Board regulations under subsection (d) | 20 | | of this
Section the Agency may issue permits for the | 21 | | construction of new municipal
waste incineration facilities. | 22 | | The Agency determination of Best Available
Control Technology | 23 | | shall be based upon consideration of the specific
pollutants | 24 | | named in subsection (d), and emissions of particulate matter,
| 25 | | sulfur dioxide and nitrogen oxides.
| 26 | | Nothing in this Section shall limit
the applicability of |
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| 1 | | any other Sections of this Act, or of other standards
or | 2 | | regulations adopted by the Board, to municipal waste | 3 | | incineration
facilities. In issuing such permits, the Agency | 4 | | may prescribe those
conditions necessary to assure continuing | 5 | | compliance with the emission
limits and operating standards | 6 | | determined pursuant to subsection (b); such
conditions may | 7 | | include the monitoring and reporting of emissions.
| 8 | | (d) Within one year after July 1, 1986, the Board shall | 9 | | adopt regulations pursuant to Title
VII of this Act, which | 10 | | define the terms in items (2), (3) and (4) of subsection
(b) of | 11 | | this Section which are to be used by the Agency in making its
| 12 | | determination pursuant to this Section. The provisions of | 13 | | Section 27(b) of
this Act shall not apply to this rulemaking.
| 14 | | Such regulations shall be written so that the categories of | 15 | | pollutants
include, but need not be limited to, the following | 16 | | specific pollutants:
| 17 | | (1) hydrogen chloride in the definition of acid gases;
| 18 | | (2) arsenic, cadmium, mercury, chromium, nickel and | 19 | | lead in the
definition of heavy metals; and
| 20 | | (3) polychlorinated dibenzo-p-dioxins, polychlorinated | 21 | | dibenzofurans and
polynuclear aromatic hydrocarbons in the | 22 | | definition of organic materials.
| 23 | | (e) For the purposes of this Section, the term "Best | 24 | | Available Control
Technology" means an emission limitation
| 25 | | (including a visible emission standard) based on the maximum | 26 | | degree of
pollutant reduction which the Agency, on a |
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| 1 | | case-by-case basis, taking into
account energy, environmental | 2 | | and economic impacts, determines is
achievable through the | 3 | | application of production processes or available
methods, | 4 | | systems and techniques, including fuel cleaning or treatment or
| 5 | | innovative fuel combustion techniques. If the Agency | 6 | | determines that
technological or economic limitations on the | 7 | | application of measurement
methodology to a particular class of | 8 | | sources would make the imposition of
an emission standard not | 9 | | feasible, it may instead prescribe a design,
equipment, work | 10 | | practice or operational standard, or combination thereof,
to | 11 | | require the application of best available control technology. | 12 | | Such standard
shall, to the degree possible, set forth the | 13 | | emission reduction achievable by
implementation of such | 14 | | design, equipment, work practice or operation and
shall provide | 15 | | for compliance by means which achieve equivalent results.
| 16 | | (f) "Municipal waste incineration" means the burning of | 17 | | municipal waste
or fuel derived therefrom in a combustion | 18 | | apparatus designed to burn
municipal waste that may produce | 19 | | electricity or steam as a by-product. A
"new municipal waste | 20 | | incinerator" is an incinerator initially permitted for
| 21 | | development or construction after January 1, 1986. "Municipal | 22 | | waste incineration" does not include the burning of any fuel | 23 | | excluded from the definition of "solid waste" pursuant to 40 | 24 | | CFR 241.3.
| 25 | | (g) The provisions of this Section shall not apply to | 26 | | industrial
incineration facilities that burn waste generated |
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| 1 | | at the same site.
| 2 | | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
| 3 | | (415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
| 4 | | Sec. 22.16b. (a) Beginning January 1, 1991, the Agency | 5 | | shall assess and
collect a fee from the owner or operator of | 6 | | each new municipal waste
incinerator. The fee shall be | 7 | | calculated by applying the rates established
from time to time | 8 | | for the disposal of solid waste at sanitary landfills
under | 9 | | subdivision (b)(1) of Section 22.15 to the total amount of | 10 | | municipal
waste accepted for incineration at the new municipal | 11 | | waste incinerator.
The exemptions provided by this Act to the | 12 | | fees imposed under subsection
(b) of Section 22.15 shall not | 13 | | apply to the fee imposed by this Section.
| 14 | | The owner or operator of any new municipal waste | 15 | | incinerator permitted
after January 1, 1990, but before July 1, | 16 | | 1990 by the Agency for the
development or operation of a new | 17 | | municipal waste incinerator shall be exempt
from this fee, but | 18 | | shall include the following conditions:
| 19 | | (1) The owner or operator shall provide information | 20 | | programs to those
communities serviced by the owner or | 21 | | operator concerning recycling and
separation of waste not | 22 | | suitable for incineration.
| 23 | | (2) The owner or operator shall provide information | 24 | | programs to those
communities serviced by the owner or | 25 | | operator concerning the Agency's
household hazardous waste |
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| 1 | | collection program and participation in that program.
| 2 | | For the purposes of this Section, "new municipal waste | 3 | | incinerator" means
a municipal waste incinerator initially | 4 | | permitted for development or
construction on or after January | 5 | | 1, 1990 , but shall exclude any facility that uses a fuel | 6 | | excluded from the definition of "solid waste" pursuant to 40 | 7 | | CFR 241.3 .
| 8 | | Amounts collected under this subsection shall be deposited | 9 | | into the
Municipal Waste Incinerator Tax Fund, which is hereby | 10 | | established as an
interest-bearing special fund in the State | 11 | | Treasury. Monies in the Fund
may be used, subject to | 12 | | appropriation:
| 13 | | (1) by the Department of Commerce and Economic | 14 | | Opportunity to fund its
public information programs on
| 15 | | recycling in those communities served by new municipal | 16 | | waste incinerators; and
| 17 | | (2) by the Agency to fund its household hazardous waste | 18 | | collection
activities in those communities served by new | 19 | | municipal waste incinerators.
| 20 | | (b) Any permit issued by the Agency for the development or | 21 | | operation of
a new municipal waste incinerator shall include | 22 | | the following conditions:
| 23 | | (1) The incinerator must be designed to provide | 24 | | continuous monitoring
while in operation, with direct | 25 | | transmission of the resultant data to the
Agency, until the | 26 | | Agency determines the best available control technology
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| 1 | | for monitoring the data. The Agency shall establish the
| 2 | | test methods, procedures and averaging periods, as | 3 | | certified by the USEPA
for solid waste incinerator units, | 4 | | and the form and frequency of reports
containing results of | 5 | | the monitoring. Compliance and enforcement shall be
based | 6 | | on such reports. Copies of the results of such
monitoring | 7 | | shall be maintained on file at the facility concerned for | 8 | | one
year, and copies shall be made available for inspection | 9 | | and copying by
interested members of the public during | 10 | | business hours.
| 11 | | (2) The facility shall comply with the emission limits | 12 | | adopted by the
Agency under subsection (c).
| 13 | | (3) The operator of the facility shall take reasonable | 14 | | measures to
ensure that waste accepted for incineration | 15 | | complies with all legal
requirements for incineration. The | 16 | | incinerator operator shall establish
contractual | 17 | | requirements or other notification and inspection | 18 | | procedures
sufficient to assure compliance with this | 19 | | subsection (b)(3) which may
include, but not be limited to, | 20 | | routine inspections of waste, lists of
acceptable and | 21 | | unacceptable waste provided to haulers and notification to | 22 | | the
Agency when the facility operator rejects and sends | 23 | | loads away. The
notification shall contain at least the | 24 | | name of the hauler and the site
from where the load was | 25 | | hauled.
| 26 | | (4) The operator may not accept for incineration any |
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| 1 | | waste generated
or collected in a municipality that has not | 2 | | implemented a recycling
plan or is party to an implemented | 3 | | county plan, consistent with State goals
and objectives. | 4 | | Such plans shall include provisions for collecting,
| 5 | | recycling or diverting from landfills and municipal | 6 | | incinerators landscape
waste, household hazardous waste | 7 | | and batteries. Such provisions may be
performed at the site | 8 | | of the new municipal incinerator.
| 9 | | The Agency, after careful scrutiny of a permit application | 10 | | for the
construction, development or operation of a new | 11 | | municipal waste incinerator,
shall deny the permit if (i) the | 12 | | Agency finds in the permit application
noncompliance with the | 13 | | laws and rules of the State or (ii) the application
indicates | 14 | | that the mandated air emissions standards will not be reached | 15 | | within
six months of the proposed municipal waste incinerator | 16 | | beginning operation.
| 17 | | (c) The Agency shall adopt specific limitations on the | 18 | | emission of
mercury, chromium, cadmium and lead, and good | 19 | | combustion practices, including
temperature controls from | 20 | | municipal waste incinerators pursuant to Section 9.4
of the | 21 | | Act.
| 22 | | (d) The Agency shall establish household hazardous waste | 23 | | collection
centers in appropriate places in this State. The | 24 | | Agency may operate and
maintain the centers itself or may | 25 | | contract with other parties for that
purpose. The Agency shall | 26 | | ensure that the wastes collected are properly
disposed of. The |
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| 1 | | collection centers may charge fees for their services,
not to | 2 | | exceed the costs incurred. Such collection centers shall not | 3 | | (i) be
regulated as hazardous waste facilities under RCRA nor | 4 | | (ii) be subject to
local siting approval under Section 39.2 if | 5 | | the local governing authority
agrees to waive local siting | 6 | | approval procedures.
| 7 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law. |
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