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    AN ACT concerning safety.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Environmental Protection Act is amended  by 
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adding Section 22.54 as follows:
 
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    (415 ILCS 5/22.54  new)
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    Sec. 22.54. Beneficial Use Determinations. The purpose of 
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this Section is to allow the Agency to determine that a 
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material otherwise required to be managed as waste may  be 
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managed as non-waste if that material is  used beneficially and 
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in a manner that is protective of human health and the 
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environment.
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    (a) To the extent allowed by federal law, the Agency may, 
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upon the request of an applicant, make a written determination 
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that a material is used beneficially (rather than discarded) 
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and, therefore, not a waste if the applicant demonstrates all 
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of the following:
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        (1) The chemical and physical properties of the 
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    material are comparable to similar commercially available 
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    materials.
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        (2) The market demand for the material is such that all 
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    of the following requirements are met:
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            (A) The material will be used within a reasonable 
 


 






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        time.
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            (B)  The material's storage prior to use will be 
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        minimized.
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            (C) The material  will not be abandoned.
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        (3) The material is legitimately beneficially used. 
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    For the purposes of this item (3) of subsection (a) of this 
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    Section, a material is "legitimately beneficially used" if 
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    the applicant demonstrates all of the following:
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            (A) The material is managed separately from waste, 
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        as a valuable material, and in a manner that maintains 
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        its beneficial usefulness, including, but not limited 
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        to, storing in a manner that minimizes the material's 
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        loss and maintains its beneficial usefulness.
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            (B) The material is used as an effective substitute 
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        for a similar commercially available material.  For the 
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        purposes of this paragraph (B) of item (3) of 
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        subsection (a) of this Section, a material is "used as 
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        an effective substitute for a commercially available 
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        material" if the applicant demonstrates one or more of 
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        the following:
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                (i) The material is used as a valuable raw 
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            material or ingredient to produce a legitimate end 
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            product.
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                (ii) The material is used directly as a 
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            legitimate end product in place of a similar 
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            commercially available product.
 


 






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                (iii) The material replaces a catalyst or 
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            carrier to produce a legitimate end product.
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            The applicant's demonstration under this paragraph 
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        (B) of item (3) of subsection (a) of this Section must 
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        include, but is not limited to, a description of the 
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        use of the material, a description of the use of the 
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        legitimate end product, and a demonstration that the 
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        use of the material is comparable to the use of similar 
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        commercially available products.
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            (C) The applicant demonstrates all of the 
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        following:
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                (i)  The material is used under paragraph (B) of 
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            item (3) of subsection (a) of this Section within a 
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            reasonable time.
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                (ii) The material's storage prior to use is 
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            minimized.
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                (iii) The material is not abandoned.
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        (4) The management and use of the material will not 
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    cause, threaten, or allow the release of any contaminant 
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    into the environment, except as authorized by law.
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        (5) The management and use of the material otherwise 
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    protects human health and safety and the environment.
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    (b) Applications for beneficial use determinations must be 
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submitted on forms and in a format prescribed by the Agency.  
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Agency approval, approval with conditions, or disapproval of an 
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application for a beneficial use determination must be in 
 


 






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writing.  Approvals with conditions and disapprovals of 
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applications for a beneficial use determination must include 
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the Agency's reasons for the conditions or disapproval, and 
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they are subject to review under Section 40 of this Act.
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    (c) Beneficial use determinations shall be effective for a 
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period approved by the Agency, but that period may not exceed 5 
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years.  Material that is beneficially used (i) in accordance 
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with a beneficial use determination, (ii) during the effective 
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period of the beneficial use determination, and (iii) by the 
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recipient of a beneficial use determination shall maintain its 
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non-waste status after the effective period of the beneficial 
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use determination unless its use no longer complies with the 
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terms of the beneficial use determination or the material 
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otherwise becomes waste.
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    (d) No recipient of a beneficial use determination shall 
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manage or use the material that is the subject of the 
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determination in violation of the determination or any 
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conditions in the determination, unless the material is managed 
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as waste.
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    (e) A beneficial use determination shall terminate by 
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operation of law if, due to a change in law, it conflicts with 
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the law; however, the recipient of the determination may apply 
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for a new beneficial use determination that is consistent with 
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the law as amended.
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    (f) This Section does not apply to hazardous waste, coal 
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combustion waste, coal combustion by-product, sludge applied 
 


 






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to the land, potentially infectious medical waste, or used oil.
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    (g) This Section does not apply to material that is burned 
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for energy recovery, that is used to produce a fuel, or that is 
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otherwise contained in a fuel.
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    (h) This Section does not apply to waste from the steel and 
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foundry industries that is (i) classified as beneficially 
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usable waste under Board rules and (ii) beneficially used in 
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accordance with Board rules governing the management of 
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beneficially usable waste from the steel and foundry 
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industries.  This Section does apply to other beneficial uses of 
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waste from the steel and foundry industries, including, but not 
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limited to, waste that is classified as beneficially usable 
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waste but not used in accordance with the Board's rules 
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governing the management of beneficially usable waste from the 
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steel and foundry industries.  No person shall use iron slags, 
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steelmaking slags, or foundry sands for land reclamation 
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purposes unless they have obtained a beneficial use 
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determination for such use under this Section.
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    (i) For purposes of this Section, the term "commercially 
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available material" means virgin material that (i) meets 
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industry standards for a specific use and (ii) is normally sold 
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for such use.  For purposes of this Section, the term 
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"commercially available product" means a product made of virgin 
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material that (i) meets industry standards for a specific use 
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and (ii) is normally sold for such use.
 

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    Section 99. Effective date. This Act takes effect upon 
 


 






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becoming law.