94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1909

 

Introduced 2/25/2005, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/3.135   was 415 ILCS 5/3.94

    Amends the Environmental Protection Act. Includes additional materials within the definition of "coal combustion by-product" (CCB). Provides that, in certain circumstances, the EPA must (instead of "may") make written beneficial use determinations that coal-combustion waste is a CCB. Sets forth the procedures for the application for and approval and renewal of a beneficial use determination. Provides that CCB for which a beneficial use determination is approved shall be considered CCB for as long as it is used in accordance with the approval and any conditions of the approval.


LRB094 09267 RSP 39503 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1909 LRB094 09267 RSP 39503 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 changing Sections 3.135 and 39 and by adding Section 9.14 as
6 follows:
 
7     (415 ILCS 5/3.135)  (was 415 ILCS 5/3.94)
8     Sec. 3.135. Coal combustion by-product; CCB.
9     (a) "Coal combustion by-product" (CCB) means coal
10 combustion waste when used beneficially in for any of the
11 following ways purposes:
12         (1) The extraction or recovery of material compounds
13     contained within CCB.
14         (2) The use of CCB as a raw ingredient or mineral
15     filler in the manufacture of the following commercial
16     products: cement; concrete and concrete mortars;
17     cementious concrete products including block, pipe and
18     precast/prestressed components; asphalt or cementious
19     cement based roofing products shingles; plastic products
20     including pipes and fittings; paints and metal alloys; kiln
21     fired products including bricks, blocks, and tiles;
22     abrasive media; gypsum wallboard; asphaltic concrete, or
23     asphalt based paving material.
24         (3) CCB used (A) in accordance conformance with the
25     Illinois Department of Transportation ("IDOT") standard
26     specifications and subsection (a-5) of this Section or (B)
27     and under the approval of the Department of Transportation
28     for IDOT projects.
29         (4) Bottom ash used as antiskid material, athletic
30     tracks, or foot paths.
31         (5) Use as a substitute for lime (CaO and MgO) in the
32     lime stabilization or modification of soils providing the

 

 

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1     CCB meets the IDOT Illinois Department of Transportation
2     ("IDOT") specifications for soil modifiers byproduct
3     limes.
4         (6) CCB used as a functionally equivalent substitute
5     for agricultural lime as a soil conditioner.
6         (7) Bottom ash used in non-IDOT pavement sub-base or
7     base, pipe bedding, or foundation backfill.
8         (8) Structural fill, when used in an engineered
9     application or combined with cement, sand, or water to
10     produce a controlled strength fill material and covered
11     with 12 inches of soil unless infiltration is prevented by
12     the material itself or other cover material.
13         (9) Mine subsidence, mine fire control, mine sealing,
14     and mine reclamation.
15     (a-5) (10) Except to the extent that the uses are otherwise
16 authorized by law without such restrictions, the uses specified
17 in items (a)(3)(A) and (a)(7) through (a)(9) shall be subject
18 to the following conditions:
19         (A) CCB shall not have been mixed with hazardous waste
20     prior to use. ;
21         (B) CCB shall not exceed Class I Groundwater Standards
22     for the following parameters metals when tested utilizing
23     test method ASTM D3987-85: arsenic, barium, boron,
24     cadmium, antimony, beryllium, chloride, chromium, cobalt,
25     copper, iron, lead, manganese, mercury, nickel, selenium,
26     silver, sulfate, thallium, phenol, and zinc. The sample or
27     samples tested shall be representative of the CCB being
28     considered for use. ;
29         (C) Unless otherwise exempted, users of CCB for the
30     purposes described in items (a)(3)(A) and (a)(7) through
31     (a)(9) of this Section shall provide notification to the
32     Agency for each project utilizing CCB documenting the
33     quantity of CCB utilized and certification of compliance
34     with conditions (A) and (B) of this subsection.
35     Notification shall not be required for users of CCB for
36     purposes described in items (a)(1), (a)(2), (a)(3)(B), and

 

 

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1     (a)(4) through (a)(6) of this Section, or as required
2     specifically under a beneficial use determination as
3     provided under this Section, or pavement base, parking lot
4     base, or building base projects utilizing less than 10,000
5     tons, flowable fill/grout projects utilizing less than
6     1,000 cubic yards or other applications utilizing less than
7     100 tons. ;
8         (D) Fly ash shall be managed applied in a manner that
9     minimizes the generation of airborne particles and dust
10     using techniques such as moisture conditioning,
11     granulating, inground application, or other demonstrated
12     method. ; and
13         (E) CCB is not to be accumulated speculatively. CCB is
14     not accumulated speculatively if during the calendar year,
15     the CCB used is equal to 75% of the CCB by weight or volume
16     accumulated at the beginning of the period.
17         (F) CCB shall include any prescribed mixture of fly
18     ash, bottom ash, boiler slag, flue gas desulfurization
19     scrubber sludge, fluidized bed combustion ash, and stoker
20     boiler ash and shall be tested as intended for use.
21     (b) To encourage and promote the utilization of CCB in
22 productive and beneficial applications, upon request by the
23 applicant, the Agency shall may make a written beneficial use
24 determination determination that coal-combustion waste is CCB
25 when used in a manner other than those uses specified in
26 subsection (a) of that specified in this Section if the
27 applicant demonstrates that use of the coal-combustion waste
28 satisfies all of the following criteria: the use will not
29 cause, threaten, or allow the discharge of any contaminant into
30 the environment; the use will otherwise protect human health
31 and safety and the environment; and the use constitutes a
32 legitimate use of the coal-combustion waste as an ingredient or
33 raw material that is an effective substitute for an analogous
34 ingredient or raw material if the use has been shown to have no
35 adverse environmental impact greater than the beneficial uses
36 specified, in consultation with the Department of Mines and

 

 

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1 Minerals, the Illinois Clean Coal Institute, the Department of
2 Transportation, and such other agencies as may be appropriate.
3     The Agency's beneficial use determinations may allow the
4 uses set forth in items (a)(3)(A) and (a)(7) through (a)(9) of
5 this Section without the CCB being subject to the restrictions
6 set forth in subdivisions (a-5)(B) and (a-5)(E) of this
7 Section.
8     Within 90 days after the receipt of an application for a
9 beneficial use determination under this subsection (b), the
10 Agency shall, in writing, approve, disapprove, or approve with
11 conditions the beneficial use. Any disapproval or approval with
12 conditions shall include the Agency's reasons for the
13 disapproval or conditions. Failure of the Agency to issue a
14 decision within 90 days shall constitute disapproval of the
15 beneficial use request. These beneficial use determinations
16 are subject to review under Section 40 of this Act.
17     Any approval of a beneficial use under this subsection (b)
18 shall become effective upon the date of the Agency's written
19 decision and remain in effect for a period of 5 years. If an
20 applicant desires to continue a beneficial use after the
21 expiration of the 5-year period, the applicant must submit an
22 application for renewal no later than 90 days prior to the
23 expiration. The beneficial use approval shall be automatically
24 extended unless denied by the Agency in writing with the
25 Agency's reasons for disapproval, or unless the Agency has
26 requested an extension for review, in which case the use will
27 continue to be allowed until an Agency determination is made.
28     Coal-combustion waste for which a beneficial use is
29 approved pursuant to this subsection (b) shall be considered
30 CCB during the effective period of the approval, as long as it
31 is used in accordance with the approval and any conditions.
32     The Board shall adopt rules establishing standards and
33 procedures for the Agency's issuance of beneficial use
34 determinations under this subsection (b). The Board rules may
35 also, but are not required to, include standards and procedures
36 for the revocation of the beneficial use determinations. Prior

 

 

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1 to the effective date of Board rules adopted under this
2 subsection (b), the Agency is authorized to make beneficial use
3 determinations in accordance with this subsection (b).
4     The Agency is authorized to prepare and distribute guidance
5 documents relating to its administration of this Section.
6 Guidance documents prepared under this subsection are not rules
7 for the purposes of the Illinois Administrative Procedure Act.
8 (Source: P.A. 92-574, eff. 6-26-02.)