Bill Text: IL HB0456 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Nuclear Safety Preparedness Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2019-06-19 - Sent to the Governor [HB0456 Detail]

Download: Illinois-2019-HB0456-Engrossed.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing 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
2emissions from new municipal waste incineration facilities
3which burn a total of 25 tons or more of municipal waste per
4day are adequately controlled.
5 Such facilities shall be subject to emissions limits and
6operating standards based upon the application of Best
7Available Control Technology, as determined by the Agency, for
8emissions 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,
15to new municipal waste incineration facilities only if the
16Agency finds that such facilities are designed, constructed and
17operated so as to comply with the requirements prescribed by
18this Section.
19 Prior to adoption of Board regulations under subsection (d)
20of this Section the Agency may issue permits for the
21construction of new municipal waste incineration facilities.
22The Agency determination of Best Available Control Technology
23shall be based upon consideration of the specific pollutants
24named in subsection (d), and emissions of particulate matter,
25sulfur dioxide and nitrogen oxides.
26 Nothing in this Section shall limit the applicability of

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1any other Sections of this Act, or of other standards or
2regulations adopted by the Board, to municipal waste
3incineration facilities. In issuing such permits, the Agency
4may prescribe those conditions necessary to assure continuing
5compliance with the emission limits and operating standards
6determined pursuant to subsection (b); such conditions may
7include the monitoring and reporting of emissions.
8 (d) Within one year after July 1, 1986, the Board shall
9adopt regulations pursuant to Title VII of this Act, which
10define the terms in items (2), (3) and (4) of subsection (b) of
11this Section which are to be used by the Agency in making its
12determination pursuant to this Section. The provisions of
13Section 27(b) of this Act shall not apply to this rulemaking.
14 Such regulations shall be written so that the categories of
15pollutants include, but need not be limited to, the following
16specific 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
24Available Control Technology" means an emission limitation
25(including a visible emission standard) based on the maximum
26degree of pollutant reduction which the Agency, on a

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1case-by-case basis, taking into account energy, environmental
2and economic impacts, determines is achievable through the
3application of production processes or available methods,
4systems and techniques, including fuel cleaning or treatment or
5innovative fuel combustion techniques. If the Agency
6determines that technological or economic limitations on the
7application of measurement methodology to a particular class of
8sources would make the imposition of an emission standard not
9feasible, it may instead prescribe a design, equipment, work
10practice or operational standard, or combination thereof, to
11require the application of best available control technology.
12Such standard shall, to the degree possible, set forth the
13emission reduction achievable by implementation of such
14design, equipment, work practice or operation and shall provide
15for compliance by means which achieve equivalent results.
16 (f) "Municipal waste incineration" means the burning of
17municipal waste or fuel derived therefrom in a combustion
18apparatus designed to burn municipal waste that may produce
19electricity or steam as a by-product. A "new municipal waste
20incinerator" is an incinerator initially permitted for
21development or construction after January 1, 1986.
22 (g) The provisions of this Section shall not apply to the
23following:
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
9becoming law.
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