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90_SB0652
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 emissions from
municipal waste incinerator facilities which, on January 1,
1997, are subject to a consent decree and to make emissions
data available to the public. Further requires owners or
operators of those facilities to provide emissions data
collected through self-monitoring to the Agency, which the
Agency shall make available to the public. Effective
immediately.
LRB9001066DPccA
LRB9001066DPccA
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 by
6 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-5) To ensure compliance with emissions limits and
29 operating standards, the Agency shall conduct periodic
30 monitoring of emissions of pollutants itemized in subsection
31 (b) from municipal waste incineration facilities which, on
32 January 1, 1997, are subject to a consent decree. All
33 emissions data collected by the Agency shall be made
34 available to the public as soon as practicable, at the
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1 expense of the owner or operator of the facility, at the
2 Illinois State Library, on the Internet, and, on request,
3 through the Agency. In addition, the owner or operator of a
4 municipal waste incinerator facility which, on January 1,
5 1997, is subject to a consent decree shall weekly forward to
6 the Agency a written report of emissions data collected by
7 the facility through self-monitoring, which the Agency shall
8 make available to the public as soon as practicable, at the
9 expense of the owner or operator of the facility, at the
10 Illinois State Library, on the Internet, and, on request,
11 through the Agency.
12 (d) Within one year after the effective date of this
13 amendatory Act of 1985, the Board shall adopt regulations
14 pursuant to Title 7 of this Act, which define the terms in
15 items (2), (3) and (4) of subsection (b) of this Section
16 which are to be used by the Agency in making its
17 determination pursuant to this Section. The provisions of
18 Section 27b of this Act shall not apply to this rulemaking.
19 Such regulations shall be written so that the categories
20 of pollutants include, but need not be limited to, the
21 following specific pollutants:
22 (1) hydrogen chloride in the definition of acid
23 gases;
24 (2) arsenic, cadmium, mercury, chromium, nickel and
25 lead in the definition of heavy metals; and
26 (3) polychlorinated dibenzo-p-dioxins,
27 polychlorinated dibenzofurans and polynuclear aromatic
28 hydrocarbons in the definition of organic materials.
29 (e) For the purposes of this Section, the term "Best
30 Available Control Technology" means an emission limitation
31 (including a visible emission standard) based on the maximum
32 degree of pollutant reduction which the Agency, on a
33 case-by-case basis, taking into account energy, environmental
34 and economic impacts, determines is achievable through the
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1 application of production processes or available methods,
2 systems and techniques, including fuel cleaning or treatment
3 or innovative fuel combustion techniques. If the Agency
4 determines that technological or economic limitations on the
5 application of measurement methodology to a particular class
6 of sources would make the imposition of an emission standard
7 not feasible, it may instead prescribe a design, equipment,
8 work practice or operational standard, or combination
9 thereof, to require the application of best available control
10 technology. Such standard shall, to the degree possible, set
11 forth the emission reduction achievable by implementation of
12 such design, equipment, work practice or operation and shall
13 provide for compliance by means which achieve equivalent
14 results.
15 (f) "Municipal waste incineration" means the burning of
16 municipal waste or fuel derived therefrom in a combustion
17 apparatus designed to burn municipal waste that may produce
18 electricity or steam as a by-product. A "new municipal waste
19 incinerator" is an incinerator initially permitted for
20 development or construction after January 1, 1986.
21 (g) The provisions of this Section shall not apply to
22 industrial incineration facilities that burn waste generated
23 at the same site.
24 (Source: P.A. 84-957.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.