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91_HB2105
LRB9103253ACtm
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 3.94.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 3.94 as follows:
7 (415 ILCS 5/3.94)
8 Sec. 3.94. (a) "Coal combustion by-product" or "(CCB")
9 means coal combustion waste, as defined in Section 3.76 of
10 this Act, or a mixture of coal combustion wastes when used
11 beneficially in for any of the following applications
12 purposes:
13 (1) The extraction or recovery of materials and
14 material compounds contained within CCB.
15 (2) In any of the following product or process
16 applications:
17 (A) The use of CCB as a raw ingredient,
18 substitute ingredient, or mineral filler in the
19 manufacture of another product, including but not
20 limited to cement,; concrete, and concrete mortars;
21 concrete products (including brick, block, pipe, and
22 precast/prestressed components), clay brick,
23 lightweight aggregate, wallboard, sheet rock,
24 plaster, roofing shingles, plastic, paint, asphalt
25 products, glass, ceramic, rubber, metal alloys,
26 concrete mortar, and flowable fill; asphalt or
27 cement based roofing shingles; plastic products
28 including pipes and fittings; paints and metal
29 alloys.
30 (B) as a substitute for a product, including
31 but not limited to grout, blasting grit, roofing
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1 granules, and flowable fill; or
2 (C) as filter cloth precoat for sludge
3 dewatering and as filter drainage medium.
4 (3) As a stabilization or solidification agent for
5 other wastes or beneficial product when used alone or in
6 combination with other additives or agents.
7 (4) As an additive in a composting process when the
8 process is performed in accordance with applicable
9 composting regulations.
10 (5) In uses consistent with procurement guidelines
11 issued by the United States Environmental Protection
12 Agency under the Solid Waste Disposal Act (42 U.S.C.
13 6962).
14 (6) (3) CCB used In conformance with the approved
15 specifications and under the approval of the Department
16 of Transportation.
17 (7) (4) Bottom ash used As an antiskid material on
18 roadways, parking lots, and other surfaces, athletic
19 tracks, or foot paths.
20 (8) (5) Use As a substitute for lime (CaO and MgO)
21 in the conditioning or amendment lime modification of
22 soils, including but not limited to applications that
23 meet providing the CCB meets the Illinois Department of
24 Transportation ("IDOT") specifications for byproduct
25 limes.
26 (9) As base, sub-base, or surface preparation
27 material for roads, parking lots, sidewalks, athletic
28 tracks, or footpaths not to exceed an average thickness
29 of 24 inches.
30 (10) As daily cover at a landfill.
31 (11) As foundation backfill, pipe bedding, and
32 composting liner drainage layer.
33 (6) CCB used as a functionally equivalent substitute for
34 agricultural lime as a soil conditioner.
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1 (7) Bottom ash used in non-IDOT pavement base, pipe
2 bedding, or foundation backfill.
3 (8) Structural fill, when used in an engineered
4 application or combined with cement, sand, or water to
5 produce a controlled strength fill material and covered with
6 12 inches of soil unless infiltration is prevented by the
7 material itself or other cover material.
8 (12) In (9) mine subsidence, mine fire control,
9 mine sealing, and mine reclamation as authorized by the
10 Office of Mines and Minerals.
11 (13) As structural fill when stabilized with lime,
12 cement, sand, or water as needed to produce a
13 cementitious controlled strength fill material.
14 (14) As structural fill, when used in an engineered
15 application, that is covered with asphalt, concrete,
16 armor coat, or 12 inches of soil, gravel, sand, or other
17 similar material.
18 (15) Any technically feasible use of CCB as a
19 product or raw material in lieu of a competing product or
20 raw material that satisfies subsection (c) of this
21 Section.
22 (b) The following conditions apply to all beneficial uses
23 of CCB: (10) Except to the extent that the uses are
24 otherwise authorized by law without such restrictions, uses
25 (7) through (9) shall be subject to the following conditions:
26 (A) CCB shall not have been mixed with
28 hazardous waste prior to use;
29 (B) CCB shall not exceed Class I Groundwater
30 Standards for metals when tested utilizing test method
31 ASTM D3987-85;
32 (C) Unless otherwise exempted, users of CCB shall
33 provide notification to the Agency for each project
34 utilizing CCB documenting the quantity of CCB utilized
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1 and certification of compliance with conditions (A) and
2 (B). Notification shall not be required for pavement
3 base, parking lot base, or building base projects
4 utilizing less than 10,000 tons, flowable fill/grout
5 projects utilizing less than 1,000 cubic yards or other
6 applications utilizing less than 100 tons;
7 (2) (D) Fly ash shall be applied in a manner that
8 minimizes the generation of airborne particles and dust
9 using techniques such as moisture conditioning,
10 granulating, inground application, or other demonstrated
11 methods method;and
12 (3) (E) CCB may is not to be accumulated
13 speculatively. CCB is not accumulated speculatively if
14 during the calendar year, the CCB used is equal to 75% of
15 the CCB by weight or volume accumulated at the beginning
16 of the period; and .
17 (4) The results of CCB leachate analyses conducted
18 pursuant to paragraph (2) of subsection (c) of this
19 Section shall be retained for two years and be made
20 available to the Agency upon request.
21 (c) CCB intended for a use set forth in paragraphs (11)
22 through (15) of subsection (a) of this Section must satisfy
23 one of the following criteria:
24 (1) The proposed use will not exceed 500 dry tons.
25 (2) The CCB leachate collected from a representative
26 sample does not exceed 30 times Class I groundwater
27 standards for any parameter set forth below when tested
28 utilizing the most recent version of the ASTM D3987 water
29 leachate test:
30 Parameter Class I Groundwater 30X Class I
31 Standards(mg/L) Groundwater
32 Standard (mg/L)
33 Arsenic 0.05 1.5
34 Barium 2.00 60.0
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1 Cadmium 0.005 0.15
2 Chromium 0.1 3.0
3 Lead 0.015 0.45
4 Mercury 0.002 0.06
5 Selenium 0.05 1.5
6 (3) The proposed CCB application has been approved
7 by the Agency. The Agency shall approve any application
8 for approval of a proposed CCB use submitted to the
9 Agency that sets forth the following information:
10 (A) The quantity, characteristics, and source
11 of CCB to be used;
12 (B) A description of the proposed beneficial
13 use of CCB; and
14 (C) A demonstration that the proposed
15 beneficial use of CCB will not have an adverse
16 environmental impact greater than the conventional
17 materials for which it is substituted.
18 Within 45 days after receipt of the determination
19 request, or within such longer time as is agreed to by
20 the applicant, the Agency shall make a determination and
21 notify the applicant in writing of its decision to
22 approve, disapprove, or approve with conditions the CCB
23 determination request. If the Agency disapproves,
24 approves with conditions, or fails to issue a CCB
25 determination within 45 days, or the longer period agreed
26 by the applicant, the applicant may, within 35 days, file
27 an appeal to the Board. Appeals to the Board shall be in
28 the manner provided for the review of permit decisions in
29 Section 40 of this Act.
30 To encourage and promote the utilization of CCB in productive
31 and beneficial applications, the Agency may make a written
32 determination that coal-combustion waste is CCB when used in
33 a manner other than that specified in this Section if the use
34 has been shown to have no adverse environmental impact
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1 greater than the beneficial uses specified, in consultation
2 with the Department of Mines and Minerals, the Illinois Clean
3 Coal Institute, the Department of Transportation, and such
4 other agencies as may be appropriate.
5 (Source: P.A. 89-93, eff. 7-6-95.)