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90_HB1267
415 ILCS 5/9.4 from Ch. 111 1/2, par. 1009.4
Amends the Environmental Protection Act to require the
Environmental Protection Agency to monitor municipal waste
incineration facilities that have a capacity to process at
least 500,000 tons of waste per year and are located in a
county with a population over 5,000,000, and requires the
owner or operator to reimburse the Agency for monitoring
costs. Effective immediately.
LRB9003593DPccA
LRB9003593DPccA
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. Incineration emissions standards; permits;
9 reporting.
10 (a) The General Assembly finds:
11 (1) That air pollution from municipal waste
12 incineration may constitute a threat to public health,
13 welfare and the environment. The amounts and kinds of
14 pollutants depend on the nature of the waste stream,
15 operating conditions of the incinerator, and the
16 effectiveness of emission controls. Under normal
17 operating conditions, municipal waste incinerators
18 produce pollutants such as organic compounds, metallic
19 compounds and acid gases which may be a threat to public
20 health, welfare and the environment.
21 (2) That a combustion and flue-gas control system,
22 which is properly designed, operated and maintained, can
23 substantially reduce the emissions of organic materials,
24 metallic compounds and acid gases from municipal waste
25 incineration.
26 (b) It is the purpose of this Section to insure that
27 emissions from new municipal waste incineration facilities
28 which burn a total of 25 tons or more of municipal waste per
29 day are adequately controlled.
30 Such facilities shall be subject to emissions limits and
31 operating standards based upon the application of Best
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1 Available Control Technology, as determined by the Agency,
2 for emissions of the following categories of pollutants:
3 (1) particulate matter, sulfur dioxide and nitrogen
4 oxides;
5 (2) acid gases;
6 (3) heavy metals; and
7 (4) organic materials.
8 (c) The Agency shall issue permits, pursuant to Section
9 39, to new municipal waste incineration facilities only if
10 the Agency finds that such facilities are designed,
11 constructed and operated so as to comply with the
12 requirements prescribed by this Section.
13 Prior to adoption of Board regulations under subsection
14 (d) of this Section the Agency may issue permits for the
15 construction of new municipal waste incineration facilities.
16 The Agency determination of Best Available Control Technology
17 shall be based upon consideration of the specific pollutants
18 named in subsection (d), and emissions of particulate matter,
19 sulfur dioxide and nitrogen oxides.
20 Nothing in this Section shall limit the applicability of
21 any other Sections of this Act, or of other standards or
22 regulations adopted by the Board, to municipal waste
23 incineration facilities. In issuing such permits, the Agency
24 may prescribe those conditions necessary to assure continuing
25 compliance with the emission limits and operating standards
26 determined pursuant to subsection (b); such conditions may
27 include the monitoring and reporting of emissions.
28 (c-1) Until December 31, 2003, the Agency shall monitor
29 emissions of air pollutants from a municipal waste
30 incineration facility with a capacity to process at least
31 500,000 tons of waste per year and located in a county with a
32 population over 5,000,000 through air quality monitoring
33 stations that are capable of sampling and analyzing air
34 pollutants emitted by the incinerator and transmitting the
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1 results by telephone line to the Agency. The Agency shall
2 operate an air quality monitoring station in each of the
3 following municipalities: (1) Alsip, (2) Blue Island, (3)
4 Merrionette Park, (4) Midlothian, (5) Oak Forest, (6) Oak
5 Lawn, (7) Crestwood, and (8) Evergreen Park. A municipal
6 waste incineration facility subject to monitoring by the
7 Agency under this subsection shall reimburse the Agency on an
8 annual basis, on or before a date set by the Agency, for all
9 expenses relating to the installation and continued operation
10 of air quality monitoring stations monitoring that facility.
11 (d) Within one year after the effective date of this
12 amendatory Act of 1985, the Board shall adopt regulations
13 pursuant to Title 7 of this Act, which define the terms in
14 items (2), (3) and (4) of subsection (b) of this Section
15 which are to be used by the Agency in making its
16 determination pursuant to this Section. The provisions of
17 Section 27b of this Act shall not apply to this rulemaking.
18 Such regulations shall be written so that the categories
19 of pollutants include, but need not be limited to, the
20 following specific pollutants:
21 (1) hydrogen chloride in the definition of acid gases;
22 (2) arsenic, cadmium, mercury, chromium, nickel and lead
23 in the definition of heavy metals; and
24 (3) polychlorinated dibenzo-p-dioxins, polychlorinated
25 dibenzofurans and polynuclear aromatic hydrocarbons in the
26 definition of organic materials.
27 (e) For the purposes of this Section, the term "Best
28 Available Control Technology" means an emission limitation
29 (including a visible emission standard) based on the maximum
30 degree of pollutant reduction which the Agency, on a
31 case-by-case basis, taking into account energy, environmental
32 and economic impacts, determines is achievable through the
33 application of production processes or available methods,
34 systems and techniques, including fuel cleaning or treatment
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1 or innovative fuel combustion techniques. If the Agency
2 determines that technological or economic limitations on the
3 application of measurement methodology to a particular class
4 of sources would make the imposition of an emission standard
5 not feasible, it may instead prescribe a design, equipment,
6 work practice or operational standard, or combination
7 thereof, to require the application of best available control
8 technology. Such standard shall, to the degree possible, set
9 forth the emission reduction achievable by implementation of
10 such design, equipment, work practice or operation and shall
11 provide for compliance by means which achieve equivalent
12 results.
13 (f) "Municipal waste incineration" means the burning of
14 municipal waste or fuel derived therefrom in a combustion
15 apparatus designed to burn municipal waste that may produce
16 electricity or steam as a by-product. A "new municipal waste
17 incinerator" is an incinerator initially permitted for
18 development or construction after January 1, 1986.
19 (g) The provisions of this Section shall not apply to
20 industrial incineration facilities that burn waste generated
21 at the same site.
22 (Source: P.A. 84-957.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.