99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4196

 

Introduced , by Rep. Charles E. Meier

 

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

    Amends the Environmental Protection Act. Provides that "coal combustion by-product" means coal combustion waste when used as a functionally equivalent substitute for agricultural lime or mined gypsum (calcium sulfate dihydrate) as a soil conditioner, amendment, fertilizer, or other agricultural purposes when using appropriate agronomic rates.


LRB099 11565 MGM 33127 b

 

 

A BILL FOR

 

HB4196LRB099 11565 MGM 33127 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

 

 

HB4196- 2 -LRB099 11565 MGM 33127 b

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 or mined gypsum (calcium sulfate
12    dihydrate) as a soil conditioner, amendment, fertilizer,
13    or other agricultural purposes when using appropriate
14    agronomic rates.
15        (7) Bottom ash used in non-IDOT pavement sub-base or
16    base, pipe bedding, or foundation backfill.
17        (8) Structural fill, designed and constructed
18    according to ASTM standard E2277-03 or Illinois Department
19    of Transportation specifications, when used in an
20    engineered application or combined with cement, sand, or
21    water to produce a controlled strength fill material and
22    covered with 12 inches of soil unless infiltration is
23    prevented by the material itself or other cover material.
24        (9) Mine subsidence, mine fire control, mine sealing,
25    and mine reclamation.
26    (a-5) Except to the extent that the uses are otherwise

 

 

HB4196- 3 -LRB099 11565 MGM 33127 b

1authorized by law without such restrictions, the uses specified
2in items (a)(3)(A) and (a)(7) through (9) shall be subject to
3the following conditions:
4        (A) CCB shall not have been mixed with hazardous waste
5    prior to use.
6        (B) CCB shall not exceed Class I Groundwater Standards
7    for metals when tested utilizing test method ASTM D3987-85.
8    The sample or samples tested shall be representative of the
9    CCB being considered for use.
10        (C) Unless otherwise exempted, users of CCB for the
11    purposes described in items (a)(3)(A) and (a)(7) through
12    (9) of this Section shall provide notification to the
13    Agency for each project utilizing CCB documenting the
14    quantity of CCB utilized and certification of compliance
15    with conditions (A) and (B) of this subsection.
16    Notification shall not be required for users of CCB for
17    purposes described in items (a)(1), (a)(2), (a)(3)(B),
18    (a)(4), (a)(5) and (a)(6) of this Section, or as required
19    specifically under a beneficial use determination as
20    provided under this Section, or pavement base, parking lot
21    base, or building base projects utilizing less than 10,000
22    tons, flowable fill/grout projects utilizing less than
23    1,000 cubic yards or other applications utilizing less than
24    100 tons.
25        (D) Fly ash shall be managed in a manner that minimizes
26    the generation of airborne particles and dust using

 

 

HB4196- 4 -LRB099 11565 MGM 33127 b

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

 

 

HB4196- 5 -LRB099 11565 MGM 33127 b

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

 

 

HB4196- 6 -LRB099 11565 MGM 33127 b

1    Notwithstanding the other provisions of this subsection
2(b), written beneficial use determination applications for the
3use of CCB at sites governed by the federal Surface Mining
4Control and Reclamation Act of 1977 (P.L. 95-87) or the rules
5and regulations thereunder, or by any law or rule or regulation
6adopted by the State of Illinois pursuant thereto, shall be
7reviewed and approved by the Office of Mines and Minerals
8within the Department of Natural Resources pursuant to 62 Ill.
9Adm. Code §§ 1700-1850. Further, appeals of those
10determinations shall be made pursuant to the Illinois
11Administrative Review Law.
12    The Board shall adopt rules establishing standards and
13procedures for the Agency's issuance of beneficial use
14determinations under this subsection (b). The Board rules may
15also, but are not required to, include standards and procedures
16for the revocation of the beneficial use determinations. Prior
17to the effective date of Board rules adopted under this
18subsection (b), the Agency is authorized to make beneficial use
19determinations in accordance with this subsection (b).
20    The Agency is authorized to prepare and distribute guidance
21documents relating to its administration of this Section.
22Guidance documents prepared under this subsection are not rules
23for the purposes of the Illinois Administrative Procedure Act.
24(Source: P.A. 97-510, eff. 8-23-11.)