Full Text of HB3688 099th General Assembly
HB3688 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3688 Introduced , by Rep. Katherine Cloonen SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/3.140 | was 415 ILCS 5/3.76 | 415 ILCS 5/22.53a new | | 415 ILCS 5/22.54 | |
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Amends the Environmental Protection Act. Provides that the Environmental Protection Agency shall not regulate slag generated by the production of steel, which is the beneficial and intended coproduct of the steel manufacturing process and is managed as an item of value in a controlled manner and not as a discarded material, except as may be required by federal law or regulation. Changes "slag" to "coal slag" in the definition of "coal combustion waste". Provides that a beneficial use determination is not required to use steelmaking slags for land reclamation purposes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 3.140 and 22.54 and by adding Section 22.53a | 6 | | as follows:
| 7 | | (415 ILCS 5/3.140) (was 415 ILCS 5/3.76)
| 8 | | Sec. 3.140. Coal combustion waste. "Coal combustion waste"
| 9 | | means any fly ash, bottom ash, coal slag, or flue gas or fluid | 10 | | bed boiler
desulfurization by-products generated as a result of | 11 | | the combustion of:
| 12 | | (1) coal, or
| 13 | | (2) coal in combination with: (i) fuel grade petroleum | 14 | | coke, (ii) other
fossil fuel, or (iii) both fuel grade | 15 | | petroleum coke and other fossil fuel, or
| 16 | | (3) coal (with or without: (i) fuel grade petroleum coke, | 17 | | (ii) other
fossil fuel, or (iii) both fuel grade petroleum coke | 18 | | and other fossil fuel)
in combination with no more than 20% of | 19 | | tire derived fuel or wood or other
materials by weight of the | 20 | | materials combusted; provided that the coal is
burned with | 21 | | other materials, the Agency has made a written determination | 22 | | that
the storage or disposal of the resultant wastes in | 23 | | accordance with the
provisions of item (r) of Section 21 would |
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| 1 | | result in no environmental impact
greater than that of wastes | 2 | | generated as a result of the combustion of coal
alone, and the | 3 | | storage disposal of the resultant wastes would not violate
| 4 | | applicable federal law.
| 5 | | (Source: P.A. 92-574, eff. 6-26-02.)
| 6 | | (415 ILCS 5/22.53a new) | 7 | | Sec. 22.53a. Steelmaking slags. Notwithstanding any other | 8 | | provision of law, the Agency shall not regulate slag generated | 9 | | by the production of steel, which is the beneficial and | 10 | | intended coproduct of the steel manufacturing process and is | 11 | | managed as an item of value in a controlled manner and not as a | 12 | | discarded material, except as may be required by federal law or | 13 | | regulation. | 14 | | (415 ILCS 5/22.54) | 15 | | Sec. 22.54. Beneficial Use Determinations. The purpose of | 16 | | this Section is to allow the Agency to determine that a | 17 | | material otherwise required to be managed as waste may be | 18 | | managed as non-waste if that material is used beneficially and | 19 | | in a manner that is protective of human health and the | 20 | | environment. | 21 | | (a) To the extent allowed by federal law, the Agency may, | 22 | | upon the request of an applicant, make a written determination | 23 | | that a material is used beneficially (rather than discarded) | 24 | | and, therefore, not a waste if the applicant demonstrates all |
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| 1 | | of the following: | 2 | | (1) The chemical and physical properties of the | 3 | | material are comparable to similar commercially available | 4 | | materials. | 5 | | (2) The market demand for the material is such that all | 6 | | of the following requirements are met: | 7 | | (A) The material will be used within a reasonable | 8 | | time. | 9 | | (B) The material's storage prior to use will be | 10 | | minimized. | 11 | | (C) The material will not be abandoned. | 12 | | (3) The material is legitimately beneficially used. | 13 | | For the purposes of this item (3) of subsection (a) of this | 14 | | Section, a material is "legitimately beneficially used" if | 15 | | the applicant demonstrates all of the following: | 16 | | (A) The material is managed separately from waste, | 17 | | as a valuable material, and in a manner that maintains | 18 | | its beneficial usefulness, including, but not limited | 19 | | to, storing in a manner that minimizes the material's | 20 | | loss and maintains its beneficial usefulness. | 21 | | (B) The material is used as an effective substitute | 22 | | for a similar commercially available material. For the | 23 | | purposes of this paragraph (B) of item (3) of | 24 | | subsection (a) of this Section, a material is "used as | 25 | | an effective substitute for a commercially available | 26 | | material" if the applicant demonstrates one or more of |
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| 1 | | the following: | 2 | | (i) The material is used as a valuable raw | 3 | | material or ingredient to produce a legitimate end | 4 | | product. | 5 | | (ii) The material is used directly as a | 6 | | legitimate end product in place of a similar | 7 | | commercially available product. | 8 | | (iii) The material replaces a catalyst or | 9 | | carrier to produce a legitimate end product. | 10 | | The applicant's demonstration under this paragraph | 11 | | (B) of item (3) of subsection (a) of this Section must | 12 | | include, but is not limited to, a description of the | 13 | | use of the material, a description of the use of the | 14 | | legitimate end product, and a demonstration that the | 15 | | use of the material is comparable to the use of similar | 16 | | commercially available products. | 17 | | (C) The applicant demonstrates all of the | 18 | | following: | 19 | | (i) The material is used under paragraph (B) of | 20 | | item (3) of subsection (a) of this Section within a | 21 | | reasonable time. | 22 | | (ii) The material's storage prior to use is | 23 | | minimized. | 24 | | (iii) The material is not abandoned. | 25 | | (4) The management and use of the material will not | 26 | | cause, threaten, or allow the release of any contaminant |
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| 1 | | into the environment, except as authorized by law. | 2 | | (5) The management and use of the material otherwise | 3 | | protects human health and safety and the environment. | 4 | | (b) Applications for beneficial use determinations must be | 5 | | submitted on forms and in a format prescribed by the Agency. | 6 | | Agency approval, approval with conditions, or disapproval of an | 7 | | application for a beneficial use determination must be in | 8 | | writing. Approvals with conditions and disapprovals of | 9 | | applications for a beneficial use determination must include | 10 | | the Agency's reasons for the conditions or disapproval, and | 11 | | they are subject to review under Section 40 of this Act. | 12 | | (c) Beneficial use determinations shall be effective for a | 13 | | period approved by the Agency, but that period may not exceed 5 | 14 | | years. Material that is beneficially used (i) in accordance | 15 | | with a beneficial use determination, (ii) during the effective | 16 | | period of the beneficial use determination, and (iii) by the | 17 | | recipient of a beneficial use determination shall maintain its | 18 | | non-waste status after the effective period of the beneficial | 19 | | use determination unless its use no longer complies with the | 20 | | terms of the beneficial use determination or the material | 21 | | otherwise becomes waste. | 22 | | (d) No recipient of a beneficial use determination shall | 23 | | manage or use the material that is the subject of the | 24 | | determination in violation of the determination or any | 25 | | conditions in the determination, unless the material is managed | 26 | | as waste. |
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| 1 | | (e) A beneficial use determination shall terminate by | 2 | | operation of law if, due to a change in law, it conflicts with | 3 | | the law; however, the recipient of the determination may apply | 4 | | for a new beneficial use determination that is consistent with | 5 | | the law as amended. | 6 | | (f) This Section does not apply to hazardous waste, coal | 7 | | combustion waste, coal combustion by-product, sludge applied | 8 | | to the land, potentially infectious medical waste, or used oil. | 9 | | (g) This Section does not apply to material that is burned | 10 | | for energy recovery, that is used to produce a fuel, or that is | 11 | | otherwise contained in a fuel. | 12 | | (h) This Section does not apply to waste from the steel and | 13 | | foundry industries that is (i) classified as beneficially | 14 | | usable waste under Board rules and (ii) beneficially used in | 15 | | accordance with Board rules governing the management of | 16 | | beneficially usable waste from the steel and foundry | 17 | | industries. This Section does apply to other beneficial uses of | 18 | | waste from the steel and foundry industries, including, but not | 19 | | limited to, waste that is classified as beneficially usable | 20 | | waste but not used in accordance with the Board's rules | 21 | | governing the management of beneficially usable waste from the | 22 | | steel and foundry industries. No person shall use iron slags , | 23 | | steelmaking slags, or foundry sands for land reclamation | 24 | | purposes unless they have obtained a beneficial use | 25 | | determination for such use under this Section. | 26 | | (i) For purposes of this Section, the term "commercially |
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| 1 | | available material" means virgin material that (i) meets | 2 | | industry standards for a specific use and (ii) is normally sold | 3 | | for such use. For purposes of this Section, the term | 4 | | "commercially available product" means a product made of virgin | 5 | | material that (i) meets industry standards for a specific use | 6 | | and (ii) is normally sold for such use.
| 7 | | (j) Before issuing a beneficial use determination for the | 8 | | beneficial use of asphalt shingles, the Agency shall conduct an | 9 | | evaluation of the applicant's prior experience in asphalt | 10 | | shingle recycling operations. The Agency may deny such a | 11 | | beneficial use determination if the applicant, or any employee | 12 | | or officer of the applicant, has a history of any one or more | 13 | | of the following related to the operation of asphalt shingle | 14 | | recycling operation facilities or sites: | 15 | | (1) repeated violations of federal, State, or local | 16 | | laws, rules, regulations, standards, or ordinances; | 17 | | (2) conviction in a court of this State or another | 18 | | state of any crime that is a felony under the laws of this | 19 | | State; | 20 | | (3) conviction in a federal court of any crime that is | 21 | | a felony under federal law; | 22 | | (4) conviction in a court of this State or another | 23 | | state, or in a federal court, of forgery, official | 24 | | misconduct, bribery, perjury, or knowingly submitting | 25 | | false information under any environmental law, rule, | 26 | | regulation, or permit term or condition; or |
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| 1 | | (5) gross carelessness or incompetence in the | 2 | | handling, storing, processing, transporting, disposing, or | 3 | | recycling of asphalt shingles. | 4 | | (Source: P.A. 98-296, eff. 1-1-14.)
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