Bill Text: NY A10115 | 2021-2022 | General Assembly | Amended

Bill Title: Prohibits the mixing, combination or blending of ash, including material collected from fine-particle control devices serving as pollution control or containment systems at any hazardous waste incinerator or kiln, with any product if the ash is from a commercial hazardous waste incinerator; provides penalties for violations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2022-05-18 - print number 10115a [A10115 Detail]

Download: New_York-2021-A10115-Amended.html

                STATE OF NEW YORK


                   IN ASSEMBLY

                                     April 29, 2022

        Introduced  by M. of A. McDONALD, STECK -- read once and referred to the
          Committee on Environmental Conservation -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting the use of ash from burning hazardous waste in products

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent. The  incineration  of  hazardous  waste
     2  produces fly ash, flue gas emission control waste, and slag (hereinafter
     3  collectively as "hazardous waste ash").  Hazardous waste ash may contain
     4  chemicals  and  heavy metals such as arsenic, barium, cadmium, chromium,
     5  lead, mercury, and nickel, which are all potentially toxic to humans and
     6  are known to cause or contribute to cancer,  lung  and  heart  ailments,
     7  liver  and  kidney damage, neurological damage, and premature mortality.
     8  Hazardous waste ash may also contain mineralogical toxins such  as  fine
     9  crystalline when the feedstock to the industrial process contain silica.
    10  Fine  particulate  crystalline silica induces silicosis when inhaled and
    11  is a known respiratory health risk. Hazardous waste ash may  be  inhaled
    12  and  become lodged in the deepest parts of the human respiratory system,
    13  leading to potentially fatal inflammation and immunological reactions.
    14    Under certain existing commercial practices, hazardous  waste  ash  is
    15  included  in  aggregate  material used to formulate commonly encountered
    16  compounds such as concrete,  pavement,  and  other  compounds  found  in
    17  commerce. The inclusion of hazardous waste ash in aggregate material and
    18  commonly  encountered  compounds exposes the public to potentially toxic
    19  substances and endangers public health.
    20    § 2. The environmental conservation law is amended  by  adding  a  new
    21  section 19-0304-a to read as follows:
    22  § 19-0304-a. Prohibition on the use of hazardous waste ash in products.
    23    1.  No  person shall mix, combine or blend ash with any product if the
    24  ash is from a commercial hazardous waste incinerator.  This  prohibition
    25  shall  also  apply  to any material collected from fine-particle control
    26  devices serving as pollution  control  or  containment  systems  at  any
    27  hazardous  waste incinerator or kiln that is permitted by the department
    28  to receive and combust hazardous waste with or without energy recovery.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10115--A                         2

     1    2. A person who violates the provisions of  subdivision  one  of  this
     2  section,  or  any  regulation or order issued pursuant thereto, shall be
     3  liable under section 71-2103 of this chapter and/or may be enjoined from
     4  continuing such violation as provided in section 71-2107 of  this  chap-
     5  ter.
     6    3. As used in this section:
     7    a.  "Aggregate"  means  any  natural  or  artificial mixture typically
     8  consisting of but not limited to sand, gravel, crushed  stone,  vermicu-
     9  lite,  clinker,  expanded  or  sintered  clay,  foamed slag, or recycled
    10  concrete that is used as an ingredient in compound materials.
    11    b. "Product" means any aggregate, compound, item, substance, material,
    12  component, system, or subsystem sold or traded or produced for  sale  or
    13  trade to the general public in the course of normal business operations.
    14    c.  "Compound"  means  asphalt  concrete,  Portland  cement  concrete,
    15  concrete  block,  structural  concrete,  unreinforced   or   lightweight
    16  concrete,  or  any other substance composed of aggregate that is used in
    17  construction and engineering applications.
    18    d. "Fine-particle control device" means any apparatus,  structure,  or
    19  method  of filtration that falls into any of the following general cate-
    20  gories:
    21    (i) fabric filters, also known as baghouses or bag filters;
    22    (ii) electrostatic collectors, including  dry  and  wet  electrostatic
    23  precipitators and ionizing wet scrubbers;
    24    (iii)  wet  inertial-impaction collectors, including venturi scrubbers
    25  and advanced designs that use flux-force condensation-enhancement  tech-
    26  niques; or
    27    (iv)  cyclone  separators or any other apparatus, structure, or method
    28  that is capable of separating fine particles from gas.
    29    e. "Flue gas emission control waste" means the  particulate  recovered
    30  from  fine-particle  control  devices  and  other receptacles during the
    31  treatment of flue gas emitted  by  the  combustion  of  hazardous  solid
    32  waste.
    33    f.  "Fly  ash"  means  the  fine, lightweight particulate created as a
    34  by-product of incinerating hazardous waste that is transported from  the
    35  combustion  chamber  by flue gases into exhaust stacks or other recepta-
    36  cles.
    37    h. "Hazardous waste ash" means fly  ash,  flue  gas  emission  control
    38  waste, and slag.
    39    i.  "Slag" means the molten or once-molten ash created as a by-product
    40  of incinerating hazardous waste that collects on  fine-particle  control
    41  devices or other receptacles.
    42    §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
    43  section or part of this act shall be adjudged by any court of  competent
    44  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    45  invalidate the remainder thereof, but shall be confined in its operation
    46  to the clause, sentence, paragraph, subdivision, section or part thereof
    47  directly involved in the controversy in which such judgment  shall  have
    48  been rendered. It is hereby declared to be the intent of the legislature
    49  that  this  act  would have been enacted even if such invalid provisions
    50  had not been included herein.
    51    § 4. This act shall take effect on the ninetieth day  after  it  shall
    52  have  become  a  law.    Effective  immediately, the addition, amendment
    53  and/or repeal of any rule or regulation necessary for the implementation
    54  of this act on  its  effective  date  are  authorized  to  be  made  and
    55  completed on or before such effective date.