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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4371 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
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Amends the Environmental Protection Act. In a provision concerning beneficial use determinations, removes an exemption for material that is burned for energy recovery, that is used to produce a fuel, or that is otherwise contained in a fuel.
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| | A BILL FOR |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Environmental Protection Act is amended by |
5 | | changing Section 22.54 as follows: |
6 | | (415 ILCS 5/22.54) |
7 | | Sec. 22.54. Beneficial Use Determinations. The purpose of |
8 | | this Section is to allow the Agency to determine that a |
9 | | material otherwise required to be managed as waste may be |
10 | | managed as non-waste if that material is used beneficially and |
11 | | in a manner that is protective of human health and the |
12 | | environment. |
13 | | (a) To the extent allowed by federal law, the Agency may, |
14 | | upon the request of an applicant, make a written determination |
15 | | that a material is used beneficially (rather than discarded) |
16 | | and, therefore, not a waste if the applicant demonstrates all |
17 | | of the following: |
18 | | (1) The chemical and physical properties of the |
19 | | material are comparable to similar commercially available |
20 | | materials. |
21 | | (2) The market demand for the material is such that all |
22 | | of the following requirements are met: |
23 | | (A) The material will be used within a reasonable |
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1 | | time. |
2 | | (B) The material's storage prior to use will be |
3 | | minimized. |
4 | | (C) The material will not be abandoned. |
5 | | (3) The material is legitimately beneficially used. |
6 | | For the purposes of this item (3) of subsection (a) of this |
7 | | Section, a material is "legitimately beneficially used" if |
8 | | the applicant demonstrates all of the following: |
9 | | (A) The material is managed separately from waste, |
10 | | as a valuable material, and in a manner that maintains |
11 | | its beneficial usefulness, including, but not limited |
12 | | to, storing in a manner that minimizes the material's |
13 | | loss and maintains its beneficial usefulness. |
14 | | (B) The material is used as an effective substitute |
15 | | for a similar commercially available material. For the |
16 | | purposes of this paragraph (B) of item (3) of |
17 | | subsection (a) of this Section, a material is "used as |
18 | | an effective substitute for a commercially available |
19 | | material" if the applicant demonstrates one or more of |
20 | | the following: |
21 | | (i) The material is used as a valuable raw |
22 | | material or ingredient to produce a legitimate end |
23 | | product. |
24 | | (ii) The material is used directly as a |
25 | | legitimate end product in place of a similar |
26 | | commercially available product. |
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1 | | (iii) The material replaces a catalyst or |
2 | | carrier to produce a legitimate end product. |
3 | | The applicant's demonstration under this paragraph |
4 | | (B) of item (3) of subsection (a) of this Section must |
5 | | include, but is not limited to, a description of the |
6 | | use of the material, a description of the use of the |
7 | | legitimate end product, and a demonstration that the |
8 | | use of the material is comparable to the use of similar |
9 | | commercially available products. |
10 | | (C) The applicant demonstrates all of the |
11 | | following: |
12 | | (i) The material is used under paragraph (B) of |
13 | | item (3) of subsection (a) of this Section within a |
14 | | reasonable time. |
15 | | (ii) The material's storage prior to use is |
16 | | minimized. |
17 | | (iii) The material is not abandoned. |
18 | | (4) The management and use of the material will not |
19 | | cause, threaten, or allow the release of any contaminant |
20 | | into the environment, except as authorized by law. |
21 | | (5) The management and use of the material otherwise |
22 | | protects human health and safety and the environment. |
23 | | (b) Applications for beneficial use determinations must be |
24 | | submitted on forms and in a format prescribed by the Agency. |
25 | | Agency approval, approval with conditions, or disapproval of an |
26 | | application for a beneficial use determination must be in |
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1 | | writing. Approvals with conditions and disapprovals of |
2 | | applications for a beneficial use determination must include |
3 | | the Agency's reasons for the conditions or disapproval, and |
4 | | they are subject to review under Section 40 of this Act. |
5 | | (c) Beneficial use determinations shall be effective for a |
6 | | period approved by the Agency, but that period may not exceed 5 |
7 | | years. Material that is beneficially used (i) in accordance |
8 | | with a beneficial use determination, (ii) during the effective |
9 | | period of the beneficial use determination, and (iii) by the |
10 | | recipient of a beneficial use determination shall maintain its |
11 | | non-waste status after the effective period of the beneficial |
12 | | use determination unless its use no longer complies with the |
13 | | terms of the beneficial use determination or the material |
14 | | otherwise becomes waste. |
15 | | (d) No recipient of a beneficial use determination shall |
16 | | manage or use the material that is the subject of the |
17 | | determination in violation of the determination or any |
18 | | conditions in the determination, unless the material is managed |
19 | | as waste. |
20 | | (e) A beneficial use determination shall terminate by |
21 | | operation of law if, due to a change in law, it conflicts with |
22 | | the law; however, the recipient of the determination may apply |
23 | | for a new beneficial use determination that is consistent with |
24 | | the law as amended. |
25 | | (f) This Section does not apply to hazardous waste, coal |
26 | | combustion waste, coal combustion by-product, sludge applied |
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1 | | to the land, potentially infectious medical waste, or used oil. |
2 | | (g) This Section applies does not apply to material that is |
3 | | burned for energy recovery, that is used to produce a fuel, or |
4 | | that is otherwise contained in a fuel. |
5 | | (h) This Section does not apply to waste from the steel and |
6 | | foundry industries that is (i) classified as beneficially |
7 | | usable waste under Board rules and (ii) beneficially used in |
8 | | accordance with Board rules governing the management of |
9 | | beneficially usable waste from the steel and foundry |
10 | | industries. This Section does apply to other beneficial uses of |
11 | | waste from the steel and foundry industries, including, but not |
12 | | limited to, waste that is classified as beneficially usable |
13 | | waste but not used in accordance with the Board's rules |
14 | | governing the management of beneficially usable waste from the |
15 | | steel and foundry industries. No person shall use iron slags, |
16 | | steelmaking slags, or foundry sands for land reclamation |
17 | | purposes unless they have obtained a beneficial use |
18 | | determination for such use under this Section. |
19 | | (i) For purposes of this Section, the term "commercially |
20 | | available material" means virgin material that (i) meets |
21 | | industry standards for a specific use and (ii) is normally sold |
22 | | for such use. For purposes of this Section, the term |
23 | | "commercially available product" means a product made of virgin |
24 | | material that (i) meets industry standards for a specific use |
25 | | and (ii) is normally sold for such use.
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26 | | (j) Before issuing a beneficial use determination for the |
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1 | | beneficial use of asphalt shingles, the Agency shall conduct an |
2 | | evaluation of the applicant's prior experience in asphalt |
3 | | shingle recycling operations. The Agency may deny such a |
4 | | beneficial use determination if the applicant, or any employee |
5 | | or officer of the applicant, has a history of any one or more |
6 | | of the following related to the operation of asphalt shingle |
7 | | recycling operation facilities or sites: |
8 | | (1) repeated violations of federal, State, or local |
9 | | laws, rules, regulations, standards, or ordinances; |
10 | | (2) conviction in a court of this State or another |
11 | | state of any crime that is a felony under the laws of this |
12 | | State; |
13 | | (3) conviction in a federal court of any crime that is |
14 | | a felony under federal law; |
15 | | (4) conviction in a court of this State or another |
16 | | state, or in a federal court, of forgery, official |
17 | | misconduct, bribery, perjury, or knowingly submitting |
18 | | false information under any environmental law, rule, |
19 | | regulation, or permit term or condition; or |
20 | | (5) gross carelessness or incompetence in the |
21 | | handling, storing, processing, transporting, disposing, or |
22 | | recycling of asphalt shingles. |
23 | | (Source: P.A. 98-296, eff. 1-1-14.)
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