SB1543sam001 97TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 3/11/2011

09700SB1543sam001 LRB097 09942 JDS 51986 a

AMENDMENT TO SENATE BILL 1543

AMENDMENT NO. ______. Amend Senate Bill 1543 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by changing Section 22.54 as follows:

(415 ILCS 5/22.54)

Sec. 22.54. Beneficial Use Determinations. The purpose of this Section is to allow the Agency to determine that a material otherwise required to be managed as waste may be managed as non-waste if that material is used beneficially and in a manner that is protective of human health and the environment.

(a) To the extent allowed by federal law, the Agency may, upon the request of an applicant, make a written determination that a material is used beneficially (rather than discarded) and, therefore, not a waste if the applicant demonstrates all of the following:

(1) The chemical and physical properties of the material are comparable to similar commercially available materials.

(2) The market demand for the material is such that all of the following requirements are met:

(A) The material will be used within a reasonable time.

(B) The material's storage prior to use will be minimized.

(C) The material will not be abandoned.

(3) The material is legitimately beneficially used. For the purposes of this item (3) of subsection (a) of this Section, a material is "legitimately beneficially used" if the applicant demonstrates all of the following:

(A) The material is managed separately from waste, as a valuable material, and in a manner that maintains its beneficial usefulness, including, but not limited to, storing in a manner that minimizes the material's loss and maintains its beneficial usefulness.

(B) The material is used as an effective substitute for a similar commercially available material. For the purposes of this paragraph (B) of item (3) of subsection (a) of this Section, a material is "used as an effective substitute for a commercially available material" if the applicant demonstrates one or more of the following:

(i) The material is used as a valuable raw material or ingredient to produce a legitimate end product.

(ii) The material is used directly as a legitimate end product in place of a similar commercially available product.

(iii) The material replaces a catalyst or carrier to produce a legitimate end product.

The applicant's demonstration under this paragraph (B) of item (3) of subsection (a) of this Section must include, but is not limited to, a description of the use of the material, a description of the use of the legitimate end product, and a demonstration that the use of the material is comparable to the use of similar commercially available products.

(C) The applicant demonstrates all of the following:

(i) The material is used under paragraph (B) of item (3) of subsection (a) of this Section within a reasonable time.

(ii) The material's storage prior to use is minimized.

(iii) The material is not abandoned.

(4) The management and use of the material will not cause, threaten, or allow the release of any contaminant into the environment, except as authorized by law.

(5) The management and use of the material otherwise protects human health and safety and the environment.

(b) Applications for beneficial use determinations must be submitted on forms and in a format prescribed by the Agency. Agency approval, approval with conditions, or disapproval of an application for a beneficial use determination must be in writing. Approvals with conditions and disapprovals of applications for a beneficial use determination must include the Agency's reasons for the conditions or disapproval, and they are subject to review under Section 40 of this Act.

(c) Beneficial use determinations shall be effective for a period approved by the Agency, but that period may not exceed 5 years. Material that is beneficially used (i) in accordance with a beneficial use determination, (ii) during the effective period of the beneficial use determination, and (iii) by the recipient of a beneficial use determination shall maintain its non-waste status after the effective period of the beneficial use determination unless its use no longer complies with the terms of the beneficial use determination or the material otherwise becomes waste.

(d) No recipient of a beneficial use determination shall manage or use the material that is the subject of the determination in violation of the determination or any conditions in the determination, unless the material is managed as waste.

(e) A beneficial use determination shall terminate by operation of law if, due to a change in law, it conflicts with the law; however, the recipient of the determination may apply for a new beneficial use determination that is consistent with the law as amended.

(f) This Section does not apply to hazardous waste, coal combustion waste, coal combustion by-product, sludge applied to the land, potentially infectious medical waste, or used oil.

(g) This Section does not apply to material that is burned for energy recovery, that is used to produce a fuel, or that is otherwise contained in a fuel.

(h) This Section does not apply to waste from the steel and foundry industries that is (i) classified as beneficially usable waste under Board rules and (ii) beneficially used in accordance with Board rules governing the management of beneficially usable waste from the steel and foundry industries. This Section does apply to other beneficial uses of waste from the steel and foundry industries, including, but not limited to, waste that is classified as beneficially usable waste but not used in accordance with the Board's rules governing the management of beneficially usable waste from the steel and foundry industries. No person shall use iron slags, steelmaking slags, or foundry sands for land reclamation purposes unless they have obtained a beneficial use determination for such use under this Section.

(i) For purposes of this Section, the term "commercially available material" means virgin material that (i) meets industry standards for a specific use and (ii) is normally sold for such use. For purposes of this Section, the term "commercially available product" means a product made of virgin material that (i) meets industry standards for a specific use and (ii) is normally sold for such use.

(j) For each ton of asphalt roofing shingles deposited by a Section 22.38 facility at an Agency-approved recycling facility pursuant to this Section, the Section 22.38 facility shall receive credit for 2 tons of recycled material toward its mandatory recycle percentage. The Section 22.38 facility shall be responsible for maintaining records generated by any recycling facility that identify the tonnage of asphalt roofing shingles deposited at the facility. All records maintained pursuant to this Section shall be kept for a minimum of 3 years and shall be subject to inspection by the IEPA upon reasonable request.

(k) Beginning on March 1, 2012, no person shall deposit commercially viable, recyclable asphalt roofing shingles at a waste-storage, waste-treatment, or waste-disposal facility when 2 or more shingle recycling facilities, as approved by the Agency pursuant to this Section, are located within a 30-mile radius of the waste facility.

(Source: P.A. 96-489, eff. 8-14-09.)

Section 10. The Illinois Highway Code is amended by adding Sections 4-221 and 4-222 as follows:

(605 ILCS 5/4-221 new)

Sec. 4-221. Mix designs. To the extent allowed by federal law, the Department specifications shall allow the use of recycled asphalt shingles from recycling facilities that are approved by the Illinois Environmental Protection Agency and that are in compliance with the operational guidelines and asbestos-testing requirements set forth by the Agency under Section 22.54 of the Environmental Protection Act in mix designs used for the construction and maintenance of State highways. It shall be the goal of the Department, through its specifications, to meet or exceed the maximum percentage of recycled asphalt shingles and binder replacement allowed under Illinois State Toll Highway Authority specifications and to maximize the percentage use of recycled materials or lowest cost alternatives in the mix so long as there is no detrimental impact on life cycle costs.

(605 ILCS 5/4-222 new)

Sec. 4-222. Recycled asphalt roofing shingles; cost savings; prohibitions on use in asphalt paving.

(a) It shall be the goal of the Department, with regard to its asphalt paving projects and to the extent possible, to reduce the carbon footprint and reduce average costs by maximizing the percentage use of recycled materials or lowest cost alternative materials and extending the paving season so long as there is no detrimental impact on life cycle costs. In furtherance of these goals, the regional engineer from each district or region within the Department shall provide to the Chairpersons of the Transportation Committee in each legislative chamber, within 60 days after the completion of each fiscal year, a written report of the activities initiated or abandoned in that district or region to meet those goals during the previous year. The report shall also include an analysis of the cost savings directly or indirectly attributed to those activities within the district or region. Upon review of the annual report, the Transportation Committees in each chamber may conduct hearings and provide recommendations to any Regional Engineer regarding the performance of each district or region.

(b) No producer of asphalt pavement, operating pursuant to an air permit issued by the Illinois Environmental Protection Agency, shall use recycled asphalt shingles in its pavement product unless, prior to the introduction of the shingles into the production process, the shingles have been subjected to the same asbestos testing standards and other environmental safeguards in accordance with the operational guidelines and requirements as set forth by the Illinois Environmental Protection Agency under Section 22.54 of the Environmental Protection Act.

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