(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.

Terms Used In Illinois Compiled Statutes 415 ILCS 5/9.4

     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 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 C.F.R. § 241.3(c).