Rep. Charles E. Meier

Filed: 4/15/2015





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2    AMENDMENT NO. ______. Amend House Bill 1845 by replacing
3everything after the enacting clause with the following:
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
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



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1    precast/prestressed components; asphalt or cementious
2    roofing products; plastic products including pipes and
3    fittings; paints and metal alloys; kiln fired products
4    including bricks, blocks, and tiles; abrasive media;
5    gypsum wallboard; asphaltic concrete, or asphalt based
6    paving material.
7        (3) CCB used (A) in accordance with the Illinois
8    Department of Transportation ("IDOT") standard
9    specifications and subsection (a-5) of this Section or (B)
10    under the approval of the Department of Transportation for
11    IDOT projects.
12        (4) Bottom ash used as antiskid material, athletic
13    tracks, or foot paths.
14        (5) Use in the stabilization or modification of soils
15    providing the CCB meets the IDOT specifications for soil
16    modifiers.
17        (6) CCB used as a functionally equivalent substitute
18    for agricultural lime or mined gypsum (calcium sulfate
19    dihydrate) as a soil conditioner, amendment, fertilizer,
20    or other agricultural purposes when using appropriate
21    agronomic rates.
22        (7) Bottom ash used in non-IDOT pavement sub-base or
23    base, pipe bedding, or foundation backfill.
24        (8) Structural fill, designed and constructed
25    according to ASTM standard E2277-03 or Illinois Department
26    of Transportation specifications, when used in an



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1    engineered application or combined with cement, sand, or
2    water to produce a controlled strength fill material and
3    covered with 12 inches of soil unless infiltration is
4    prevented by the material itself or other cover material.
5        (9) Mine subsidence, mine fire control, mine sealing,
6    and mine reclamation.
7    (a-5) Except to the extent that the uses are otherwise
8authorized by law without such restrictions, the uses specified
9in items (a)(3)(A) and (a)(7) through (9) shall be subject to
10the following conditions:
11        (A) CCB shall not have been mixed with hazardous waste
12    prior to use.
13        (B) CCB shall not exceed Class I Groundwater Standards
14    for metals when tested utilizing test method ASTM D3987-85.
15    The sample or samples tested shall be representative of the
16    CCB being considered for use.
17        (C) Unless otherwise exempted, users of CCB for the
18    purposes described in items (a)(3)(A) and (a)(7) through
19    (9) of this Section shall provide notification to the
20    Agency for each project utilizing CCB documenting the
21    quantity of CCB utilized and certification of compliance
22    with conditions (A) and (B) of this subsection.
23    Notification shall not be required for users of CCB for
24    purposes described in items (a)(1), (a)(2), (a)(3)(B),
25    (a)(4), (a)(5) and (a)(6) of this Section, or as required
26    specifically under a beneficial use determination as



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1    provided under this Section, or pavement base, parking lot
2    base, or building base projects utilizing less than 10,000
3    tons, flowable fill/grout projects utilizing less than
4    1,000 cubic yards or other applications utilizing less than
5    100 tons.
6        (D) Fly ash shall be managed in a manner that minimizes
7    the generation of airborne particles and dust using
8    techniques such as moisture conditioning, granulating,
9    inground application, or other demonstrated method.
10        (E) CCB is not to be accumulated speculatively. CCB is
11    not accumulated speculatively if during the calendar year,
12    the CCB used is equal to 75% of the CCB by weight or volume
13    accumulated at the beginning of the period.
14        (F) CCB shall include any prescribed mixture of fly
15    ash, bottom ash, boiler slag, flue gas desulfurization
16    scrubber sludge, fluidized bed combustion ash, and stoker
17    boiler ash and shall be tested as intended for use.
18    (b) To encourage and promote the utilization of CCB in
19productive and beneficial applications, upon request by the
20applicant, the Agency shall make a written beneficial use
21determination that coal-combustion waste is CCB when used in a
22manner other than those uses specified in subsection (a) of
23this Section if the applicant demonstrates that use of the
24coal-combustion waste satisfies all of the following criteria:
25the use will not cause, threaten, or allow the discharge of any
26contaminant into the environment; the use will otherwise



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1protect human health and safety and the environment; and the
2use constitutes a legitimate use of the coal-combustion waste
3as an ingredient or raw material that is an effective
4substitute for an analogous ingredient or raw material.
5    The Agency's beneficial use determinations may allow the
6uses set forth in items (a)(3)(A) and (a)(7) through (9) of
7this Section without the CCB being subject to the restrictions
8set forth in subdivisions (a-5)(B) and (a-5)(E) of this
10    Within 90 days after the receipt of an application for a
11beneficial use determination under this subsection (b), the
12Agency shall, in writing, approve, disapprove, or approve with
13conditions the beneficial use. Any disapproval or approval with
14conditions shall include the Agency's reasons for the
15disapproval or conditions. Failure of the Agency to issue a
16decision within 90 days shall constitute disapproval of the
17beneficial use request. These beneficial use determinations
18are subject to review under Section 40 of this Act.
19    Any approval of a beneficial use under this subsection (b)
20shall become effective upon the date of the Agency's written
21decision and remain in effect for a period of 5 years. If an
22applicant desires to continue a beneficial use after the
23expiration of the 5-year period, the applicant must submit an
24application for renewal no later than 90 days prior to the
25expiration. The beneficial use approval shall be automatically
26extended unless denied by the Agency in writing with the



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1Agency's reasons for disapproval, or unless the Agency has
2requested an extension for review, in which case the use will
3continue to be allowed until an Agency determination is made.
4    Coal-combustion waste for which a beneficial use is
5approved pursuant to this subsection (b) shall be considered
6CCB during the effective period of the approval, as long as it
7is used in accordance with the approval and any conditions.
8    Notwithstanding the other provisions of this subsection
9(b), written beneficial use determination applications for the
10use of CCB at sites governed by the federal Surface Mining
11Control and Reclamation Act of 1977 (P.L. 95-87) or the rules
12and regulations thereunder, or by any law or rule or regulation
13adopted by the State of Illinois pursuant thereto, shall be
14reviewed and approved by the Office of Mines and Minerals
15within the Department of Natural Resources pursuant to 62 Ill.
16Adm. Code 1700-1850. Further, appeals of those
17determinations shall be made pursuant to the Illinois
18Administrative Review Law.
19    The Board shall adopt rules establishing standards and
20procedures for the Agency's issuance of beneficial use
21determinations under this subsection (b). The Board rules may
22also, but are not required to, include standards and procedures
23for the revocation of the beneficial use determinations. Prior
24to the effective date of Board rules adopted under this
25subsection (b), the Agency is authorized to make beneficial use
26determinations in accordance with this subsection (b).



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1    The Agency is authorized to prepare and distribute guidance
2documents relating to its administration of this Section.
3Guidance documents prepared under this subsection are not rules
4for the purposes of the Illinois Administrative Procedure Act.
5(Source: P.A. 97-510, eff. 8-23-11.)".