100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3679

 

Introduced , by Rep. Jerry Costello, II

 

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

    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

 

HB3679LRB100 09576 MJP 19743 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 3.140 and 22.54 and by adding Section 22.53a
6as follows:
 
7    (415 ILCS 5/3.140)  (was 415 ILCS 5/3.76)
8    Sec. 3.140. Coal combustion waste. "Coal combustion waste"
9means any fly ash, bottom ash, coal slag, or flue gas or fluid
10bed boiler desulfurization by-products generated as a result of
11the combustion of:
12    (1) coal, or
13    (2) coal in combination with: (i) fuel grade petroleum
14coke, (ii) other fossil fuel, or (iii) both fuel grade
15petroleum 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
18and other fossil fuel) in combination with no more than 20% of
19tire derived fuel or wood or other materials by weight of the
20materials combusted; provided that the coal is burned with
21other materials, the Agency has made a written determination
22that the storage or disposal of the resultant wastes in
23accordance with the provisions of item (r) of Section 21 would

 

 

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1result in no environmental impact greater than that of wastes
2generated as a result of the combustion of coal alone, and the
3storage disposal of the resultant wastes would not violate
4applicable 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
8provision of law, the Agency shall not regulate slag generated
9by the production of steel, which is the beneficial and
10intended coproduct of the steel manufacturing process and is
11managed as an item of value in a controlled manner and not as a
12discarded material, except as may be required by federal law or
13regulation.
 
14    (415 ILCS 5/22.54)
15    Sec. 22.54. Beneficial Use Determinations. The purpose of
16this Section is to allow the Agency to determine that a
17material otherwise required to be managed as waste may be
18managed as non-waste if that material is used beneficially and
19in a manner that is protective of human health and the
20environment.
21    (a) To the extent allowed by federal law, the Agency may,
22upon the request of an applicant, make a written determination
23that a material is used beneficially (rather than discarded)
24and, therefore, not a waste if the applicant demonstrates all

 

 

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1of 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
5submitted on forms and in a format prescribed by the Agency.
6Agency approval, approval with conditions, or disapproval of an
7application for a beneficial use determination must be in
8writing. Approvals with conditions and disapprovals of
9applications for a beneficial use determination must include
10the Agency's reasons for the conditions or disapproval, and
11they are subject to review under Section 40 of this Act.
12    (c) Beneficial use determinations shall be effective for a
13period approved by the Agency, but that period may not exceed 5
14years. Material that is beneficially used (i) in accordance
15with a beneficial use determination, (ii) during the effective
16period of the beneficial use determination, and (iii) by the
17recipient of a beneficial use determination shall maintain its
18non-waste status after the effective period of the beneficial
19use determination unless its use no longer complies with the
20terms of the beneficial use determination or the material
21otherwise becomes waste.
22    (d) No recipient of a beneficial use determination shall
23manage or use the material that is the subject of the
24determination in violation of the determination or any
25conditions in the determination, unless the material is managed
26as waste.

 

 

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1    (e) A beneficial use determination shall terminate by
2operation of law if, due to a change in law, it conflicts with
3the law; however, the recipient of the determination may apply
4for a new beneficial use determination that is consistent with
5the law as amended.
6    (f) This Section does not apply to hazardous waste, coal
7combustion waste, coal combustion by-product, sludge applied
8to the land, potentially infectious medical waste, or used oil.
9    (g) This Section does not apply to material that is burned
10for energy recovery, that is used to produce a fuel, or that is
11otherwise contained in a fuel. The prohibition in this
12subsection (g) does not apply to any dust suppressants applied
13to a material that is (i) burned for energy recovery, (ii) used
14to produce a fuel, or (iii) otherwise contained in a fuel.
15    (h) This Section does not apply to waste from the steel and
16foundry industries that is (i) classified as beneficially
17usable waste under Board rules and (ii) beneficially used in
18accordance with Board rules governing the management of
19beneficially usable waste from the steel and foundry
20industries. This Section does apply to other beneficial uses of
21waste from the steel and foundry industries, including, but not
22limited to, waste that is classified as beneficially usable
23waste but not used in accordance with the Board's rules
24governing the management of beneficially usable waste from the
25steel and foundry industries. No person shall use iron slags,
26steelmaking slags, or foundry sands for land reclamation

 

 

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1purposes unless they have obtained a beneficial use
2determination for such use under this Section.
3    (i) For purposes of this Section, the term "commercially
4available material" means virgin material that (i) meets
5industry standards for a specific use and (ii) is normally sold
6for such use. For purposes of this Section, the term
7"commercially available product" means a product made of virgin
8material that (i) meets industry standards for a specific use
9and (ii) is normally sold for such use.
10    (j) Before issuing a beneficial use determination for the
11beneficial use of asphalt shingles, the Agency shall conduct an
12evaluation of the applicant's prior experience in asphalt
13shingle recycling operations. The Agency may deny such a
14beneficial use determination if the applicant, or any employee
15or officer of the applicant, has a history of any one or more
16of the following related to the operation of asphalt shingle
17recycling operation facilities or sites:
18        (1) repeated violations of federal, State, or local
19    laws, rules, regulations, standards, or ordinances;
20        (2) conviction in a court of this State or another
21    state of any crime that is a felony under the laws of this
22    State;
23        (3) conviction in a federal court of any crime that is
24    a felony under federal law;
25        (4) conviction in a court of this State or another
26    state, or in a federal court, of forgery, official

 

 

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1    misconduct, bribery, perjury, or knowingly submitting
2    false information under any environmental law, rule,
3    regulation, or permit term or condition; or
4        (5) gross carelessness or incompetence in the
5    handling, storing, processing, transporting, disposing, or
6    recycling of asphalt shingles.
7(Source: P.A. 98-296, eff. 1-1-14; 99-89, eff. 1-1-16.)