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Public Act 101-0125
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| HB0456 Enrolled | LRB101 03252 CPF 48260 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Section 9.4 as follows:
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(415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
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Sec. 9.4. Municipal waste incineration emission standards.
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(a) The General Assembly finds:
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(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
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pollutants such as organic compounds, metallic compounds |
and acid gases
which may be a threat to public health, |
welfare and the environment.
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(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.
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(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.
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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:
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(1) particulate matter, sulfur dioxide and nitrogen |
oxides;
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(2) acid gases;
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(3) heavy metals; and
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(4) organic materials.
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(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.
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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,
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sulfur dioxide and nitrogen oxides.
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Nothing in this Section shall limit
the applicability of |
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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.
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(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
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determination pursuant to this Section. The provisions of |
Section 27(b) of
this Act shall not apply to this rulemaking.
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Such regulations shall be written so that the categories of |
pollutants
include, but need not be limited to, the following |
specific pollutants:
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(1) hydrogen chloride in the definition of acid gases;
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(2) arsenic, cadmium, mercury, chromium, nickel and |
lead in the
definition of heavy metals; and
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(3) polychlorinated dibenzo-p-dioxins, polychlorinated |
dibenzofurans and
polynuclear aromatic hydrocarbons in the |
definition of organic materials.
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(e) For the purposes of this Section, the term "Best |
Available Control
Technology" means an emission limitation
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(including a visible emission standard) based on the maximum |
degree of
pollutant reduction which the Agency, on a |
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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
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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.
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(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
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development or construction after January 1, 1986.
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(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 |