HB3620 EnrolledLRB097 09237 JDS 49372 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 3.135 as follows:
 
6    (415 ILCS 5/3.135)  (was 415 ILCS 5/3.94)
7    Sec. 3.135. Coal combustion by-product; CCB.
8    (a) "Coal combustion by-product" (CCB) means coal
9combustion waste when used beneficially in any of the following
10ways:
11        (1) The extraction or recovery of material compounds
12    contained within CCB.
13        (2) The use of CCB as a raw ingredient or mineral
14    filler in the manufacture of the following commercial
15    products: cement; concrete and concrete mortars;
16    cementious products including block, pipe and
17    precast/prestressed components; asphalt or cementious
18    roofing products; plastic products including pipes and
19    fittings; paints and metal alloys; kiln fired products
20    including bricks, blocks, and tiles; abrasive media;
21    gypsum wallboard; asphaltic concrete, or asphalt based
22    paving material.
23        (3) CCB used (A) in accordance with the Illinois

 

 

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1    Department of Transportation ("IDOT") standard
2    specifications and subsection (a-5) of this Section or (B)
3    under the approval of the Department of Transportation for
4    IDOT projects.
5        (4) Bottom ash used as antiskid material, athletic
6    tracks, or foot paths.
7        (5) Use in the stabilization or modification of soils
8    providing the CCB meets the IDOT specifications for soil
9    modifiers.
10        (6) CCB used as a functionally equivalent substitute
11    for agricultural lime as a soil conditioner.
12        (7) Bottom ash used in non-IDOT pavement sub-base or
13    base, pipe bedding, or foundation backfill.
14        (8) Structural fill, designed and constructed
15    according to ASTM standard E2277-03 or Illinois Department
16    of Transportation specifications, when used in an
17    engineered application or combined with cement, sand, or
18    water to produce a controlled strength fill material and
19    covered with 12 inches of soil unless infiltration is
20    prevented by the material itself or other cover material.
21        (9) Mine subsidence, mine fire control, mine sealing,
22    and mine reclamation.
23    (a-5) Except to the extent that the uses are otherwise
24authorized by law without such restrictions, the uses specified
25in items (a)(3)(A) and (a)(7) through (9) shall be subject to
26the following conditions:

 

 

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1        (A) CCB shall not have been mixed with hazardous waste
2    prior to use.
3        (B) CCB shall not exceed Class I Groundwater Standards
4    for metals when tested utilizing test method ASTM D3987-85.
5    The sample or samples tested shall be representative of the
6    CCB being considered for use.
7        (C) Unless otherwise exempted, users of CCB for the
8    purposes described in items (a)(3)(A) and (a)(7) through
9    (9) of this Section shall provide notification to the
10    Agency for each project utilizing CCB documenting the
11    quantity of CCB utilized and certification of compliance
12    with conditions (A) and (B) of this subsection.
13    Notification shall not be required for users of CCB for
14    purposes described in items (a)(1), (a)(2), (a)(3)(B),
15    (a)(4), (a)(5) and (a)(6) of this Section, or as required
16    specifically under a beneficial use determination as
17    provided under this Section, or pavement base, parking lot
18    base, or building base projects utilizing less than 10,000
19    tons, flowable fill/grout projects utilizing less than
20    1,000 cubic yards or other applications utilizing less than
21    100 tons.
22        (D) Fly ash shall be managed in a manner that minimizes
23    the generation of airborne particles and dust using
24    techniques such as moisture conditioning, granulating,
25    inground application, or other demonstrated method.
26        (E) CCB is not to be accumulated speculatively. CCB is

 

 

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1    not accumulated speculatively if during the calendar year,
2    the CCB used is equal to 75% of the CCB by weight or volume
3    accumulated at the beginning of the period.
4        (F) CCB shall include any prescribed mixture of fly
5    ash, bottom ash, boiler slag, flue gas desulfurization
6    scrubber sludge, fluidized bed combustion ash, and stoker
7    boiler ash and shall be tested as intended for use.
8    (b) To encourage and promote the utilization of CCB in
9productive and beneficial applications, upon request by the
10applicant, the Agency shall make a written beneficial use
11determination that coal-combustion waste is CCB when used in a
12manner other than those uses specified in subsection (a) of
13this Section if the applicant demonstrates that use of the
14coal-combustion waste satisfies all of the following criteria:
15the use will not cause, threaten, or allow the discharge of any
16contaminant into the environment; the use will otherwise
17protect human health and safety and the environment; and the
18use constitutes a legitimate use of the coal-combustion waste
19as an ingredient or raw material that is an effective
20substitute for an analogous ingredient or raw material.
21    The Agency's beneficial use determinations may allow the
22uses set forth in items (a)(3)(A) and (a)(7) through (9) of
23this Section without the CCB being subject to the restrictions
24set forth in subdivisions (a-5)(B) and (a-5)(E) of this
25Section.
26    Within 90 days after the receipt of an application for a

 

 

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1beneficial use determination under this subsection (b), the
2Agency shall, in writing, approve, disapprove, or approve with
3conditions the beneficial use. Any disapproval or approval with
4conditions shall include the Agency's reasons for the
5disapproval or conditions. Failure of the Agency to issue a
6decision within 90 days shall constitute disapproval of the
7beneficial use request. These beneficial use determinations
8are subject to review under Section 40 of this Act.
9    Any approval of a beneficial use under this subsection (b)
10shall become effective upon the date of the Agency's written
11decision and remain in effect for a period of 5 years. If an
12applicant desires to continue a beneficial use after the
13expiration of the 5-year period, the applicant must submit an
14application for renewal no later than 90 days prior to the
15expiration. The beneficial use approval shall be automatically
16extended unless denied by the Agency in writing with the
17Agency's reasons for disapproval, or unless the Agency has
18requested an extension for review, in which case the use will
19continue to be allowed until an Agency determination is made.
20    Coal-combustion waste for which a beneficial use is
21approved pursuant to this subsection (b) shall be considered
22CCB during the effective period of the approval, as long as it
23is used in accordance with the approval and any conditions.
24    Notwithstanding the other provisions of this subsection
25(b), written beneficial use determination applications for the
26use of CCB at sites governed by the federal Surface Mining

 

 

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1Control and Reclamation Act of 1977 (P.L. 95-87) or the rules
2and regulations thereunder, or by any law or rule or regulation
3adopted by the State of Illinois pursuant thereto, shall be
4reviewed and approved by the Office of Mines and Minerals
5within the Department of Natural Resources pursuant to 62 Ill.
6Adm. Code §§ 1700-1850. Further, appeals of those
7determinations shall be made pursuant to the Illinois
8Administrative Review Law.
9    The Board shall adopt rules establishing standards and
10procedures for the Agency's issuance of beneficial use
11determinations under this subsection (b). The Board rules may
12also, but are not required to, include standards and procedures
13for the revocation of the beneficial use determinations. Prior
14to the effective date of Board rules adopted under this
15subsection (b), the Agency is authorized to make beneficial use
16determinations in accordance with this subsection (b).
17    The Agency is authorized to prepare and distribute guidance
18documents relating to its administration of this Section.
19Guidance documents prepared under this subsection are not rules
20for the purposes of the Illinois Administrative Procedure Act.
21(Source: P.A. 94-66, eff. 1-1-06.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.