It is enacted by the General Assembly as follows:

SECTION 1. Title 23 of the general laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:

{ADD 23-66-1. Legislative findings. -- ADD} {ADD The general assembly recognizes and declares that:

(1) proper disposal of sewage sludge is important because contaminated or improperly handled sewage sludge can result in pollutants in the environment;

(2) improper sewage sludge management could lead to environmental degradation of land and air;

(3) concern for air quality necessitates proper controls over sewage sludge incineration;

(4) protection of the public health of the residents of Rhode Island is of paramount importance; and

(5) "sewage sludge" means solid, semi-solid, or liquid residue generated during the treatment of sewage in a publicly owned treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of sewage in a publicly owned treatment works.

(6) "sewage sludge incineration facility" means any plant, structure, equipment, and other property, real, personal, or mixed, for the incineration of sewage sludge, or any property or system to be used in whole or in part for the aforesaid purpose, whether or not another purpose is also served by it.

(7) The general assembly declares that in order to protect the public health and welfare, the construction and operation of new sewage sludge incineration facility must be preceded by a comprehensive health risk assessment (hereinafter called the "assessment"). ADD}

{ADD 23-66-2. Assessment. -- ADD} {ADD Any party or parties wishing to construct and operate a new sewage sludge incineration facility (hereinafter called the "proponent") shall complete an assessment. The assessment shall comply with the requirements listed within this statute as well as any rules, regulations and/or guidance pertaining to the assessment issued by the department of environmental management. ADD}

{ADD 23-66-3. Requirements of the assessment. -- ADD} {ADD Each assessment shall include, but not be limited to, the following:

(i) An analysis of ambient air conditions, including but not limited to, levels of lead, mercury, zinc, chromium, arsenic, particulates , nitrogen oxide, and any other pollutants as required by the department of environmental management for major stationary sources.

(ii) A complete air quality impact analysis will be performed using meteorological data as provided by the United States Weather Service or comparable weather services of the state of Rhode Island for the five (5) years preceding the date the protocol is approved and the protocol for conducting such an analysis must be submitted to Rhode Island department of environmental management for their approval; the area of analysis to be determined by Rhode Island department of environmental management, but in no case shall the area of analysis be less than one thousand (1,000) meters in radius from the location of the proposed sewage sludge incineration facility; and identification of communities predominantly down-wind of the proposed sewage sludge incineration facility.

(iii) The assessment shall include an estimate of planned and reasonably expected stack emission levels including but not limited to heavy metals and related compounds, particulates, arsenic, beryllium, lead, mercury, and nitrogen oxide.

iv) In the assessment the proponent shall demonstrate that other reasonable or suitable alternate disposal and/or reuse method for the sewage sludge have been examined.

(v) The assessment shall evaluate the potential for the proposed sewage sludge incineration facility to incinerate materials other than sewage sludge. The proponent must provide a quality control plan for materials to be incinerated by the proposed facility including but not limited to: sewage sludge imported from other communities, sewage service districts, states or countries; and any material to be incinerated other than sewage sludge.

(vi) The assessment shall propose comprehensive plans for emergency conditions including, but not limited to, catastrophic mechanical failure, breakdown and/or fire and shall propose plans for community notification and evacuation in emergency circumstances.

(vii) The assessment shall be prepared by a firm or person with extensive experience in the preparation of environmental and health assessments.

(viii) The assessment shall include atmospheric modeling to predict substantive environmental and health impacts on and off site as required by federal environmental protection agency sewage sludge regulation 503 and state department of environmental management air pollution control regulations for acceptable ambient levels.

(ix) The assessment shall be a condition precedent to the issuance of any air quality permit by the department of environmental management. ADD}

{ADD 23-66-4. Financing of assessment. -- ADD} {ADD The party or parties proposing to build and/or operate the proposed facility shall pay for the assessment in its entirety. If a government or quasi-government agency is the proposer, then said agency must conduct the procurement process pursuant to chapter 37-2 of the general laws entitled "state purchases". ADD}

{ADD 23-66-5. Review and approval of assessment. -- ADD} {ADD (a) The proponent shall submit the assessment to the directors, or their designees of the State Department of Health and Department of Environmental Management for joint review. The Department of Health, in its review, shall consider existing studies and data deemed relevant by the Department of Health regarding public health within a radius of the proposed facility as designated by the Department of Environmental Management in accordance with 23-66-3(ii). These data and studies shall be considered in the joint review, and the determination made part of the public record. No air permit shall be issued by the Department of Environmental Management until DEM and the Department of Health concur that health and environmental risks have been reasonably minimized to the extent practicable under all relevant circumstances.

The assessment shall be published by the department of environmental management and accessible to the public.

(b) There shall be a public comment period of not less than sixty (60) days, commencing with notice, both in the form of a legal notice and a press release, in at least one (1) newspaper with a statewide circulation of at least one hundred thousand (100,000), and in local newspapers within the assessment area printed in English and other appropriate languages specific to the assessment area.

(c) There shall be, within seven (7) days of the end of the public comment period, a public hearing conducted by the department of environmental management at a location within a two (2) mile radius of the proposed facility. A representative of the department of health shall be present at said hearing. Notice of the public hearing shall be conducted according to the same terms required of the public comment period, as described in this section. ADD}

{ADD 23-66-6. Expansion of existing sewage sludge incineration facilities -- Assessment not required. -- ADD} {ADD (a) In order to receive state permits, approvals, or financing, the proponent of expansion of an existing sewage sludge incineration facility shall be required to install and/or use the best available control technology, as defined by the federal clean air act, 42 U.S.C. section 7401, et seq. Expansion shall be defined as an increase in design capacity, as registered pursuant to the department of environmental management air pollution control regulations, of ten percent (10%) or more.

(b) The proponent of expansion of an existing sewage sludge incineration facility shall not be required to complete a comprehensive health risk assessment.

(c) Any proponent of expansion of an existing sewage sludge incineration facility shall comply with the requirements of section 23-66-5(b) and (c) with respect to public notice, public comment, and holding a public hearing. ADD}

SECTION 2. This act shall take effect upon passage.