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

          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.

        A. 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.