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415 ILCS 5/9.4
(415 ILCS 5/9.4)
(from Ch. 111 1/2, par. 1009.4)
Municipal waste incineration emission standards.
(a) The General Assembly finds:
(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 pollutants such as organic compounds, metallic compounds and acid gases which may be a threat to public health, welfare and the environment.
(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.
(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.
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
(1) particulate matter, sulfur dioxide and nitrogen
(2) acid gases;
(3) heavy metals; and
(4) organic materials.
(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.
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,
sulfur dioxide and nitrogen oxides.
Nothing in this Section shall limit
the applicability of 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.
(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
determination pursuant to this Section. The provisions of Section 27(b) of
this Act shall not apply to this rulemaking.
Such regulations shall be written so that the categories of pollutants
include, but need not be limited to, the following specific pollutants:
(1) hydrogen chloride in the definition of acid gases;
(2) arsenic, cadmium, mercury, chromium, nickel and
lead in the definition of heavy metals; and
(3) polychlorinated dibenzo-p-dioxins,
polychlorinated dibenzofurans and polynuclear aromatic hydrocarbons in the definition of organic materials.
(e) For the purposes of this Section, the term "Best Available Control
Technology" means an emission limitation
(including a visible emission standard) based on the maximum degree of
pollutant reduction which the Agency, on a 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
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.
(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
development or construction after January 1, 1986.
(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
material or fuel derived therefrom for which the United States Environmental Protection Agency has issued a non-waste determination finding the material is not a solid waste under the Resource Conservation and Recovery Act (42 U.S.C. 6901 et. seq.) Non-Hazardous Secondary Materials Rule at 40 CFR 241.3(c).
(Source: P.A. 101-125, eff. 7-26-19.)