S T A T E O F N E W Y O R K
________________________________________________________________________
10115--A
I N A S S E M B L Y
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-
tee
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.
LBD15488-02-2
A. 10115--A 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.