Rep. Daniel V. Beiser

Filed: 3/3/2011

 

 


 

 


 
09700HB1326ham002LRB097 07066 JDS 51987 a

1
AMENDMENT TO HOUSE BILL 1326

2    AMENDMENT NO. ______. Amend House Bill 1326 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 22.54 as follows:
 
6    (415 ILCS 5/22.54)
7    Sec. 22.54. Beneficial Use Determinations. The purpose of
8this Section is to allow the Agency to determine that a
9material otherwise required to be managed as waste may be
10managed as non-waste if that material is used beneficially and
11in a manner that is protective of human health and the
12environment.
13    (a) To the extent allowed by federal law, the Agency may,
14upon the request of an applicant, make a written determination
15that a material is used beneficially (rather than discarded)
16and, 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.
12    (h) This Section does not apply to waste from the steel and
13foundry industries that is (i) classified as beneficially
14usable waste under Board rules and (ii) beneficially used in
15accordance with Board rules governing the management of
16beneficially usable waste from the steel and foundry
17industries. This Section does apply to other beneficial uses of
18waste from the steel and foundry industries, including, but not
19limited to, waste that is classified as beneficially usable
20waste but not used in accordance with the Board's rules
21governing the management of beneficially usable waste from the
22steel and foundry industries. No person shall use iron slags,
23steelmaking slags, or foundry sands for land reclamation
24purposes unless they have obtained a beneficial use
25determination for such use under this Section.
26    (i) For purposes of this Section, the term "commercially

 

 

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1available material" means virgin material that (i) meets
2industry standards for a specific use and (ii) is normally sold
3for such use. For purposes of this Section, the term
4"commercially available product" means a product made of virgin
5material that (i) meets industry standards for a specific use
6and (ii) is normally sold for such use.
7    (j) For each ton of asphalt roofing shingles deposited by a
8Section 22.38 facility at an Agency-approved recycling
9facility pursuant to this Section, the Section 22.38 facility
10shall receive credit for 2 tons of recycled material toward its
11mandatory recycle percentage. The Section 22.38 facility shall
12be responsible for maintaining records generated by any
13recycling facility that identify the tonnage of asphalt roofing
14shingles deposited at the facility. All records maintained
15pursuant to this Section shall be kept for a minimum of 3 years
16and shall be subject to inspection by the IEPA upon reasonable
17request.
18    (k) Beginning on March 1, 2012, no person shall deposit
19commercially viable, recyclable asphalt roofing shingles at a
20waste-storage, waste-treatment, or waste-disposal facility
21when 2 or more shingle recycling facilities, as approved by the
22Agency pursuant to this Section, are located within a 30-mile
23radius of the waste facility.
24(Source: P.A. 96-489, eff. 8-14-09.)
 
25    Section 10. The Illinois Highway Code is amended by adding

 

 

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1Sections 4-221 and 4-222 as follows:
 
2    (605 ILCS 5/4-221 new)
3    Sec. 4-221. Mix designs. To the extent allowed by federal
4law, the Department specifications shall allow the use of
5recycled asphalt shingles from recycling facilities that are
6approved by the Illinois Environmental Protection Agency and
7that are in compliance with the operational guidelines and
8asbestos-testing requirements set forth by the Agency under
9Section 22.54 of the Environmental Protection Act in mix
10designs used for the construction and maintenance of State
11highways. It shall be the goal of the Department, through its
12specifications, to meet or exceed the maximum percentage of
13recycled asphalt shingles and binder replacement allowed under
14Illinois State Toll Highway Authority specifications and to
15maximize the percentage use of recycled materials or lowest
16cost alternatives in the mix so long as there is no detrimental
17impact on life cycle costs.
 
18    (605 ILCS 5/4-222 new)
19    Sec. 4-222. Recycled asphalt roofing shingles; cost
20savings; prohibitions on use in asphalt paving.
21    (a) It shall be the goal of the Department, with regard to
22its asphalt paving projects and to the extent possible, to
23reduce the carbon footprint and reduce average costs by
24maximizing the percentage use of recycled materials or lowest

 

 

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1cost alternative materials and extending the paving season so
2long as there is no detrimental impact on life cycle costs. In
3furtherance of these goals, the regional engineer from each
4district or region within the Department shall provide to the
5Chairpersons of the Transportation Committee in each
6legislative chamber, within 60 days after the completion of
7each fiscal year, a written report of the activities initiated
8or abandoned in that district or region to meet those goals
9during the previous year. The report shall also include an
10analysis of the cost savings directly or indirectly attributed
11to those activities within the district or region. Upon review
12of the annual report, the Transportation Committees in each
13chamber may conduct hearings and provide recommendations to any
14Regional Engineer regarding the performance of each district or
15region.
16    (b) No producer of asphalt pavement, operating pursuant to
17an air permit issued by the Illinois Environmental Protection
18Agency, shall use recycled asphalt shingles in its pavement
19product unless, prior to the introduction of the shingles into
20the production process, the shingles have been subjected to the
21same asbestos testing standards and other environmental
22safeguards in accordance with the operational guidelines and
23requirements as set forth by the Illinois Environmental
24Protection Agency under Section 22.54 of the Environmental
25Protection Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".