Public Act 099-0020
 
SB0543 EnrolledLRB099 03294 MGM 23302 b



    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Environmental Protection Act is amended  by 
changing Section 3.135 as follows:
 



    (415 ILCS 5/3.135)  (was 415 ILCS 5/3.94)



    Sec. 3.135. Coal combustion by-product; CCB. 

    (a) "Coal combustion
by-product" (CCB) means coal 
combustion waste when used beneficially in any of
the following 
ways:
        (1) The extraction or recovery of material compounds 
    contained within CCB.

        (2) The use of CCB as a raw ingredient or mineral 
    filler in the
manufacture of the following commercial 
    products: cement; concrete and concrete mortars; 
    cementious products
including block, pipe and 
    precast/prestressed components; asphalt or cementious 
    roofing products; plastic products including pipes and 
    fittings; paints
and metal alloys; kiln fired products 
    including bricks, blocks, and tiles; abrasive media; 
    gypsum wallboard; asphaltic concrete, or asphalt based 
    paving material. 
        (3) CCB used (A) in accordance with the Illinois 
    Department of Transportation ("IDOT") standard

    specifications and subsection (a-5) of this Section or (B)


    under the
approval of the Department of Transportation for 
    IDOT projects.

        (4) Bottom ash used as antiskid material, athletic 
    tracks, or foot paths.

        (5) Use in the
stabilization or modification of
soils 
    providing the CCB meets the IDOT

specifications for soil 
    modifiers.

        (6) CCB used as a functionally equivalent substitute 
    for agricultural lime as a soil conditioner.

        (6.5)   CCB that is a synthetic gypsum that: 
            (A)   has a calcium sulfate dihydrate content 
    greater than 90%, by dry weight, and is generated by the 
    lime or limestone forced oxidation process; 
            (B)   is registered with the Illinois Department of 
    Agriculture as a fertilizer or soil amendment and is used 
    as a fertilizer or soil amendment; 
            (C)   is a functionally equivalent substitute for 
    mined gypsum (calcium sulfate dihydrate) used as a 
    fertilizer or soil amendment; 
            (D)   is used in accordance with, and applied at a 
    rate consistent with, documented recommendations of a 
    qualified agricultural professional or institution, 
    including, but not limited to any of the following: 
    certified crop adviser, agronomist, university researcher, 
    federal Natural Resources Conservation Service 
    Conservation Practice Standard regarding the amendment of 
    soil properties with gypsum, or State-approved nutrient 
    management plan; but in no case is applied at a rate 
    greater than 5 dry tons per acre per year; and 
            (E)   has not been mixed with  any waste. 
        (7) Bottom ash used in non-IDOT pavement sub-base or

    base, pipe bedding, or foundation
backfill.

        (8) Structural fill, designed and constructed 
    according to ASTM standard E2277-03 or Illinois Department 
    of Transportation specifications, when used in an 
    engineered application or combined
with cement, sand, or 
    water to produce a controlled strength fill material
and 
    covered with 12 inches of soil unless infiltration is 
    prevented by the
material itself or other cover material.

        (9) Mine subsidence, mine fire control, mine sealing, 
    and mine reclamation. 
    (a-5) Except to the extent that the uses are otherwise 
authorized by law
without such restrictions, the uses specified 
in items (a)(3)(A) and (a)(7) through (9) shall be subject to 
the
following conditions:


        (A) CCB shall not have been mixed with hazardous waste 
    prior to use.


        (B) CCB shall not exceed Class I Groundwater Standards 
    for
metals when
tested utilizing test method ASTM D3987-85.   
    The sample or samples tested shall be representative of the 
    CCB being considered for use.


        (C) Unless otherwise exempted, users of CCB for the 
    purposes described in items (a)(3)(A) and (a)(7) through 
    (9) of this Section shall provide notification
to the 
    Agency for each project utilizing CCB documenting the 
    quantity of CCB
utilized and certification of compliance 
    with conditions (A) and (B) of this subsection.

    Notification shall not be required for users of CCB for 
    purposes described in items (a)(1), (a)(2), (a)(3)(B), 
    (a)(4), (a)(5) and (a)(6) of this Section, or as required 
    specifically under a beneficial use determination as 
    provided under this Section, or pavement base, parking lot 
    base, or
building base projects utilizing less than 10,000 
    tons, flowable fill/grout
projects utilizing less than 
    1,000 cubic yards or other applications utilizing
less than 
    100 tons.


        (D) Fly ash shall be managed in a manner that minimizes 
    the generation
of airborne particles and dust using 
    techniques such as moisture conditioning,
granulating, 
    inground application, or other demonstrated method.


        (E) CCB is not to be accumulated speculatively.  CCB is 
    not accumulated
speculatively if during the calendar year, 
    the CCB used is equal to 75% of the
CCB by weight or volume 
    accumulated at the beginning of the period.


        (F) CCB shall include any prescribed mixture of fly 
    ash, bottom ash, boiler slag, flue gas desulfurization 
    scrubber sludge, fluidized bed combustion ash, and stoker 
    boiler ash and shall be tested as intended for use.

    (b) To encourage and promote the utilization of CCB in 
productive and beneficial
applications, upon request by the 
applicant, the Agency shall make a written beneficial use 
determination that coal-combustion
waste is CCB when used in a 
manner other than those uses specified in subsection (a) of 
this Section if the applicant demonstrates that use of the 
coal-combustion waste satisfies all of the following criteria: 
the use will not cause, threaten, or allow the discharge of any 
contaminant into the environment; the use will otherwise 
protect human health and safety and the environment; and the 
use constitutes a legitimate use of the coal-combustion waste 
as an ingredient or raw material that is an effective 
substitute for an analogous ingredient or raw material.

    The Agency's beneficial use determinations may allow the 
uses set forth in items (a)(3)(A) and (a)(7) through (9) of 
this Section without the CCB being subject to the restrictions 
set forth in subdivisions (a-5)(B) and (a-5)(E) of this 
Section.

    Within 90 days after the receipt of an application for a 
beneficial use determination under this subsection (b), the 
Agency shall, in writing, approve, disapprove, or approve with 
conditions the beneficial use.  Any disapproval or approval with 
conditions shall include the Agency's reasons for the 
disapproval or conditions.  Failure of the Agency to issue a 
decision within 90 days shall constitute disapproval of the 
beneficial use request.  These beneficial use determinations 
are subject to review under Section 40 of this Act.

    Any approval of a beneficial use under this subsection (b) 
shall become effective upon the date of the Agency's written 
decision and remain in effect for a period of 5 years.  If an 
applicant desires to continue a beneficial use after the 
expiration of the 5-year period, the applicant must submit an 
application for renewal no later than 90 days prior to the 
expiration. The beneficial use approval shall be automatically 
extended unless denied by the Agency in writing with the 
Agency's reasons for disapproval, or unless the Agency has 
requested an extension for review, in which case the use will 
continue to be allowed until an Agency determination is made.
    Coal-combustion waste for which a beneficial use is 
approved pursuant to this subsection (b) shall be considered 
CCB during the effective period of the approval, as long as it 
is used in accordance with the approval and any conditions.
    Notwithstanding the other provisions of this subsection 
(b), written beneficial use determination applications for the 
use of CCB at sites governed by the federal Surface Mining 
Control and Reclamation Act of 1977 (P.L. 95-87) or the rules 
and regulations thereunder, or by any law or rule or regulation 
adopted by the State of Illinois pursuant thereto, shall be 
reviewed and approved by the Office of Mines and Minerals 
within the Department of Natural Resources pursuant to 62 Ill. 
Adm. Code §§ 1700-1850. Further, appeals of those 
determinations shall be made pursuant to the Illinois 
Administrative Review Law.

    The Board shall adopt rules establishing standards and 
procedures for the Agency's issuance of beneficial use 
determinations under this subsection (b).  The Board rules may 
also, but are not required to, include standards and procedures 
for the revocation of the beneficial use determinations.  Prior 
to the effective date of Board rules adopted under this 
subsection (b), the Agency is authorized to make beneficial use 
determinations in accordance with this subsection (b).
    The Agency is authorized to prepare and distribute guidance 
documents relating to its administration of this Section.  
Guidance documents prepared under this subsection are not rules 
for the purposes of the Illinois Administrative Procedure Act.

(Source: P.A. 97-510, eff. 8-23-11.)


 

    Section 99. Effective date. This Act takes effect upon 
becoming law.