SB 2034

Abstract

Amends the Environmental Protection Act. Authorizes the Environmental Protection Agency ("the Agency") to make written determinations that certain materials that would otherwise be required to be managed as waste may be managed as non-waste if those materials are used beneficially and in a manner that is protective of human health and the environment. Requires applicants for beneficial use determinations to demonstrate that (i) the chemical and physical properties of the material are comparable to similar commercially available materials, (ii) the market demand for the material meets certain requirements, (iii) the material is legitimately beneficially used, (iv) 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, and (v) the management and use of the material otherwise protects human health and safety and the environment. Authorizes applicants to seek review of the Agency's written decisions to disapprove of an application for a determination or to approve of it with conditions. Requires determinations to be effective for a period approved by the Agency, but that period may not exceed 5 years. Authorizes certain materials to maintain their non-waste status after the effective period of the determination under certain conditions. Prohibits recipients of a determination from managing or using the material that is the subject of the determination in violation of the determination or any conditions imposed by it, unless the material is managed as waste. Makes this Section inapplicable to certain types of materials. Defines "commercially available material" and "commercially available product". Effective immediately.