Public Act 099-0020

SB0543 Enrolled LRB099 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.)