STATE OF NEW YORK ________________________________________________________________________ 10115 IN ASSEMBLY April 29, 2022 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the use of ash from burning hazardous waste in commercial 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 commercial 23 products. 24 1. No person shall mix, combine or blend hazardous waste ash with any 25 commercial product. This prohibition shall also apply to any material 26 collected from fine-particle control devices serving as pollution 27 control or containment systems at any hazardous waste incinerator or 28 kiln that is permitted by the department to receive and combust hazard- 29 ous waste with or without energy recovery. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15488-01-2A. 10115 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. "Commercial product" means any aggregate, compound, item, 12 substance, material, component, system, or subsystem sold or traded or 13 produced for sale or trade to the general public in the course of normal 14 business operations. 15 c. "Compound" means asphalt concrete, Portland cement concrete, 16 concrete block, structural concrete, unreinforced or lightweight 17 concrete, or any other substance composed of aggregate that is used in 18 construction and engineering applications. 19 d. "Fine-particle control device" means any apparatus, structure, or 20 method of filtration that falls into any of the following general cate- 21 gories: 22 (i) fabric filters, also known as baghouses or bag filters; 23 (ii) electrostatic collectors, including dry and wet electrostatic 24 precipitators and ionizing wet scrubbers; 25 (iii) wet inertial-impaction collectors, including venturi scrubbers 26 and advanced designs that use flux-force condensation-enhancement tech- 27 niques; or 28 (iv) cyclone separators or any other apparatus, structure, or method 29 that is capable of separating fine particles from gas. 30 e. "Flue gas emission control waste" means the particulate recovered 31 from fine-particle control devices and other receptacles during the 32 treatment of flue gas emitted by the combustion of hazardous solid 33 waste. 34 f. "Fly ash" means the fine, lightweight particulate created as a 35 by-product of incinerating hazardous waste that is transported from the 36 combustion chamber by flue gases into exhaust stacks or other recepta- 37 cles. 38 h. "Hazardous waste ash" means fly ash, flue gas emission control 39 waste, and slag. 40 i. "Slag" means the molten or once-molten ash created as a by-product 41 of incinerating hazardous waste that collects on fine-particle control 42 devices or other receptacles. 43 § 3. Severability. If any clause, sentence, paragraph, subdivision, 44 section or part of this act shall be adjudged by any court of competent 45 jurisdiction to be invalid, such judgment shall not affect, impair, or 46 invalidate the remainder thereof, but shall be confined in its operation 47 to the clause, sentence, paragraph, subdivision, section or part thereof 48 directly involved in the controversy in which such judgment shall have 49 been rendered. It is hereby declared to be the intent of the legislature 50 that this act would have been enacted even if such invalid provisions 51 had not been included herein. 52 § 4. This act shall take effect on the ninetieth day after it shall 53 have become a law. Effective immediately, the addition, amendment 54 and/or repeal of any rule or regulation necessary for the implementation 55 of this act on its effective date are authorized to be made and 56 completed on or before such effective date.