415 ILCS 5/9.4
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title II - Air Pollution

 (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 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  pollutants:(1) particulate matter, sulfur dioxide and nitrogen     oxides;(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.)