S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2686
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 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:
 
   Section 1. Legislative intent. The  incineration  of  hazardous  waste
 produces fly ash, flue gas emission control waste, and slag (hereinafter
 collectively as "hazardous waste ash").  Hazardous waste ash may contain
 chemicals  and  heavy metals such as arsenic, barium, cadmium, chromium,
 lead, mercury, and nickel, which are all potentially toxic to humans and
 are known to cause or contribute to cancer,  lung  and  heart  ailments,
 liver  and  kidney damage, neurological damage, and premature mortality.
 Hazardous waste ash may also contain mineralogical toxins such  as  fine
 crystalline when the feedstock to the industrial process contain silica.
 Fine  particulate  crystalline silica induces silicosis when inhaled and
 is a known respiratory health risk. Hazardous waste ash may  be  inhaled
 and  become lodged in the deepest parts of the human respiratory system,
 leading to potentially fatal inflammation and immunological reactions.
   Under certain existing commercial practices, hazardous  waste  ash  is
 included  in  aggregate  material used to formulate commonly encountered
 compounds such as concrete,  pavement,  and  other  compounds  found  in
 commerce. The inclusion of hazardous waste ash in aggregate material and
 commonly  encountered  compounds exposes the public to potentially toxic
 substances and endangers public health.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 19-0304-a to read as follows:
 § 19-0304-A. PROHIBITION ON THE USE OF HAZARDOUS WASTE ASH IN PRODUCTS.
   1.  NO  PERSON SHALL MIX, COMBINE OR BLEND ASH WITH ANY PRODUCT IF THE
 ASH IS FROM A COMMERCIAL HAZARDOUS WASTE INCINERATOR.  THIS  PROHIBITION
 SHALL  ALSO  APPLY  TO ANY MATERIAL COLLECTED FROM FINE-PARTICLE CONTROL
 DEVICES SERVING AS POLLUTION  CONTROL  OR  CONTAINMENT  SYSTEMS  AT  ANY
 HAZARDOUS  WASTE INCINERATOR OR KILN THAT IS PERMITTED BY THE DEPARTMENT
 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.
                                                            LBD07352-01-3
 S. 2686                             2

   2. A PERSON WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  OR  ANY  REGULATION OR ORDER ISSUED PURSUANT THERETO, SHALL BE
 LIABLE UNDER SECTION 71-2103 OF THIS CHAPTER AND/OR MAY BE ENJOINED FROM
 CONTINUING SUCH VIOLATION AS PROVIDED IN SECTION 71-2107 OF  THIS  CHAP-
 TER.
   3. AS USED IN THIS SECTION:
   A.  "AGGREGATE"  MEANS  ANY  NATURAL  OR  ARTIFICIAL MIXTURE TYPICALLY
 CONSISTING OF BUT NOT LIMITED TO SAND, GRAVEL, CRUSHED  STONE,  VERMICU-
 LITE,  CLINKER,  EXPANDED  OR  SINTERED  CLAY,  FOAMED SLAG, OR RECYCLED
 CONCRETE THAT IS USED AS AN INGREDIENT IN COMPOUND MATERIALS.
   B. "PRODUCT" MEANS ANY AGGREGATE, COMPOUND, ITEM, SUBSTANCE, MATERIAL,
 COMPONENT, SYSTEM, OR SUBSYSTEM SOLD OR TRADED OR PRODUCED FOR  SALE  OR
 TRADE TO THE GENERAL PUBLIC IN THE COURSE OF NORMAL BUSINESS OPERATIONS.
   C.  "COMPOUND"  MEANS  ASPHALT  CONCRETE,  PORTLAND  CEMENT  CONCRETE,
 CONCRETE  BLOCK,  STRUCTURAL  CONCRETE,  UNREINFORCED   OR   LIGHTWEIGHT
 CONCRETE,  OR  ANY OTHER SUBSTANCE COMPOSED OF AGGREGATE THAT IS USED IN
 CONSTRUCTION AND ENGINEERING APPLICATIONS.
   D. "FINE-PARTICLE CONTROL DEVICE" MEANS ANY APPARATUS,  STRUCTURE,  OR
 METHOD  OF FILTRATION THAT FALLS INTO ANY OF THE FOLLOWING GENERAL CATE-
 GORIES:
   (I) FABRIC FILTERS, ALSO KNOWN AS BAGHOUSES OR BAG FILTERS;
   (II) ELECTROSTATIC COLLECTORS, INCLUDING  DRY  AND  WET  ELECTROSTATIC
 PRECIPITATORS AND IONIZING WET SCRUBBERS;
   (III)  WET  INERTIAL-IMPACTION COLLECTORS, INCLUDING VENTURI SCRUBBERS
 AND ADVANCED DESIGNS THAT USE FLUX-FORCE CONDENSATION-ENHANCEMENT  TECH-
 NIQUES; OR
   (IV)  CYCLONE  SEPARATORS OR ANY OTHER APPARATUS, STRUCTURE, OR METHOD
 THAT IS CAPABLE OF SEPARATING FINE PARTICLES FROM GAS.
   E. "FLUE GAS EMISSION CONTROL WASTE" MEANS THE  PARTICULATE  RECOVERED
 FROM  FINE-PARTICLE  CONTROL  DEVICES  AND  OTHER RECEPTACLES DURING THE
 TREATMENT OF FLUE GAS EMITTED  BY  THE  COMBUSTION  OF  HAZARDOUS  SOLID
 WASTE.
   F.  "FLY  ASH"  MEANS  THE  FINE, LIGHTWEIGHT PARTICULATE CREATED AS A
 BY-PRODUCT OF INCINERATING HAZARDOUS WASTE THAT IS TRANSPORTED FROM  THE
 COMBUSTION  CHAMBER  BY FLUE GASES INTO EXHAUST STACKS OR OTHER RECEPTA-
 CLES.
   H. "HAZARDOUS WASTE ASH" MEANS FLY  ASH,  FLUE  GAS  EMISSION  CONTROL
 WASTE, AND SLAG.
   I.  "SLAG" MEANS THE MOLTEN OR ONCE-MOLTEN ASH CREATED AS A BY-PRODUCT
 OF INCINERATING HAZARDOUS WASTE THAT COLLECTS ON  FINE-PARTICLE  CONTROL
 DEVICES OR OTHER RECEPTACLES.
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.