(a)Except as provided in subsection (c) of this section, not later than July 1, 2022, and not less than annually thereafter, the operator of each quarry that sells or provides aggregate intended for use in concrete, shall submit a written report to the Commissioner of Energy and Environmental Protection and the State Geologist, containing the results of a third-party test of the sulfur content of such aggregate. Such test shall be conducted by a third-party certified or accredited to conduct testing in accordance with American Society for Testing Materials standard E1621, Standard Guide for Elemental Analysis by Wavelength Dispersive X-ray Fluorescence Spectrometry. Such certification or accreditation shall be provided by the International Organization for Standardization, United States A
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(a) Except as provided in subsection (c) of this section, not later than July 1, 2022, and not less than annually thereafter, the operator of each quarry that sells or provides aggregate intended for use in concrete, shall submit a written report to the Commissioner of Energy and Environmental Protection and the State Geologist, containing the results of a third-party test of the sulfur content of such aggregate. Such test shall be conducted by a third-party certified or accredited to conduct testing in accordance with American Society for Testing Materials standard E1621, Standard Guide for Elemental Analysis by Wavelength Dispersive X-ray Fluorescence Spectrometry. Such certification or accreditation shall be provided by the International Organization for Standardization, United States Army Corps of Engineers, American Association of State Highway and Transportation Officials, International Accreditation Service or a similar organization. (b) Each test conducted pursuant to subsection (a) of this section shall include: (1) The performance of a rapid total sulfur test on a ten-pound sample of aggregate by any of the following means: (A) X-ray fluorescence analysis, (B) purge and trap gas chromatography analysis, (C) analysis by combustion furnace, or (D) other technology deemed at least as accurate by the State Geologist. Representative samples shall be collected and managed in accordance with American Society for Testing and Materials standard D75/D75M, Standard Practice for Sampling Aggregates, reduced to a size appropriate for laboratory testing and pulverized for analysis; (2) If the total sulfur content of the sample in per cent by mass is less than one per cent and equal to or greater than one-tenth per cent, the performance of x-ray diffraction, magnetic susceptibility or petrographic analyses to determine the presence and relative abundance of pyrrhotite in the sample; and (3) If the results of the test conducted pursuant to this section reveal that pyrrhotite is present in the sample, a petrographic analysis based on American Society for Testing and Materials standards C295, Standard Guide for Petrographic Examination of Aggregates for Concrete, and C294, Standard Descriptive Nomenclature for Constituents of Concrete Aggregates, shall be conducted to determine the acceptance and use of the aggregate. (c) If the results of the test conducted pursuant to this section reveal that the total sulfur content of the sample in per cent by mass is less than one-tenth per cent, an operator may sell or provide such aggregate for use in concrete for a period of four years beginning on the date of receipt of such test results and shall not be required to submit a report pursuant to subsection (a) of this section during such period. (d) If the results of the test conducted pursuant to this section reveal that the total sulfur content of the sample in per cent by mass is equal to or greater than one per cent, an operator shall not sell or provide such aggregate for use in concrete. (e) If the results of the test performed pursuant to this section reveal that the total sulfur content of the sample in per cent by mass is less than one per cent and equal to or greater than one-tenth per cent and (1) no pyrrhotite is present, an operator may sell or provide such aggregate for use in concrete for a period of one year beginning on the date of receipt of such test results; and (2) pyrrhotite is present, an operator shall not sell or provide such aggregate in a manner inconsistent with the acceptance and use indicated by the results of a petrographic analysis undertaken pursuant to this section or requirement or restriction established by the Commissioner of Energy and Environmental Protection pursuant to subsection (f) of this section. (f) The Commissioner of Energy and Environmental Protection, in consultation with the State Geologist, may, if the results of the test performed pursuant to this section reveal that the total sulfur content of the sample in per cent by mass is less than one per cent and equal to or greater than one-tenth per cent and pyrrhotite is present, (1) require the operator of the quarry to conduct additional petrographic and materials testing; and (2) implement restrictions on the sale or use of aggregate from such quarry in concrete. (g) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with chapter 54, to implement the provisions of this section. Such regulations shall include, but not be limited to, definitions for the terms “rapid total sulfur test”, “x-ray fluorescence analysis”, “purge and trap gas chromatography analysis”, “analysis by combustion furnace”, “x-ray diffraction”, “magnetic susceptibility analysis” and “petrographic analysis”.