Full Text of HB0456 101st General Assembly
HB0456enr 101ST 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 Section 9.4 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.
| 22 | | (g) The provisions of this Section shall not apply to the | 23 | | following: | 24 | | (1) industrial
incineration facilities that burn waste | 25 | | generated at the same site ; or . | 26 | | (2) industrial incineration facilities that burn |
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| 1 | | material or fuel derived therefrom for which the United | 2 | | States Environmental Protection Agency has issued a | 3 | | non-waste determination finding the material is not a solid | 4 | | waste under the Resource Conservation and Recovery Act (42 | 5 | | U.S.C. 6901 et. seq.) Non-Hazardous Secondary Materials | 6 | | Rule at 40 CFR 241.3(c).
| 7 | | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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