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Public Act 101-0125


Public Act 0125 101ST GENERAL ASSEMBLY


Public Act 101-0125
HB0456 EnrolledLRB101 03252 CPF 48260 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Environmental Protection Act is amended by
changing Section 9.4 as follows:
    (415 ILCS 5/9.4)  (from Ch. 111 1/2, par. 1009.4)
    Sec. 9.4. 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
    (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 pollutants:
        (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
        (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. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/26/2019