Illinois

Under Illinois regulations, fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels are exempt from regulation as hazardous waste. Illinois law specifically authorizes the reuse of CCBs, classified into two different groups: coal combustion waste (CCW) and coal combustion byproduct (CCB). CCW reuse is regulated more stringently than CCB. CCW can be classified as CCB under certain conditions and reused, based on the classification, 1) for the extraction and recovery of materials and compounds within the ash; 2) as a raw material in the manufacture of cement and concrete products; 3) for roofing shingles, 4) in plastic products, paints, and metal alloys, 5) in conformance with the specifications and with approval from the Illinois Department of Transportation (IDOT); 6) as antiskid material, athletic tracks or foot paths (bottom ash); 7) as a lime substitute for soils so long as the CCBs meet the IDOT specifications for agricultural lime as a soil conditioner; 8) in non-IDOT pavement base, pipe bedding, or foundation backfill (bottom ash); 9) as structural fill when used in an engineered application or combined with cement, sand, or water to produce a controlled-strength material; and 10) for mine subsidence, mine fire control, mine sealing, and mine reclamation (must meet requirements of both the Illinois Environmental Protection Agency and Department of Mines and Minerals). Other CCB applications may be authorized by IEPA.

Contact Information:
Joyce Munie
Illinois Environmental Protection Agency
1021 North Grand Avenue East, P. O. Box 19276, Springfield, IL 62794-9276
Phone:   (217) 524-3281
Email: epa4418@epa.state.il.us
Website: www.epa.state.il.us

Detailed Review of CCB Regulations:
Under Illinois regulations, fly ash, bottom ash, slag and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels are exempt from regulation as hazardous waste. 35 ILL. ADMIN. CODE §721.104(b)(4).

In 1995, Illinois enacted legislation specifically authorizing reuse of coal combustion waste. 415 ILCS 5/3.94 (P.A. 89-93). P.A. 89-93 created two classifications of coal ash: coal combustion waste ("CCW") and coal combustion byproduct ("CCB"). CCW is subject to limited management and disposal options. CCB, on the other hand, may be used in multiple applications as discussed below. The term CCW includes fly ash, bottom ash, slag or flue gas or fluid bed desulfurization by-products generated through combustion of coal. The term also includes waste from coal combusted with the following:

• Fuel grade petroleum coke, other fossil fuel, both fuel grade petroleum coke and other fossil fuel; or
• Fuel grade petroleum coke, other fossil fuel, or both fuel grade petroleum coke and other fossil fuel in combination with no more than 20% tire derived fuel or wood or other materials by weight of the material combusted. Note: An Agency determination is required that storage and disposal of the resultant wastes will not result in an environmental impact greater than waste from the combustion of coal alone and that the storage and disposal of the resultants wastes will not violate federal law.

CCW can be classified as CCB under certain conditions (satisfactory analytical testing results) and reused based on this classification. CCB may be reused as follows:

• For the extraction and recovery of materials and compounds within the ash;
• As a raw material in the manufacture of cement, concrete, concrete products and concrete mortars;
• For asphalt or cement based roofing shingles;
• In plastic products, paints and metal alloys;
• In conformance with the specifications and under the approval of the Illinois Department of Transportation ("IDOT");
• As anti-skid material, athletic tracks or foot paths (bottom ash);
• As a lime substitute in the lime modification of soils so long as the CCBs meet the IDOT specifications for by-product limes, and the functional equivalent for agricultural lime as a soil conditioner;
• In non-IDOT pavement base, pipe bedding, or foundation backfill (bottom ash);
• As structural fill 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; and
• For mine subsidence, mine fire control, mine sealing and mine reclamation.

Certain restrictions apply to reuse of CCBs. The user of CCBs in certain applications must notify the Illinois Environmental Protection Agency ("IEPA") of each project utilizing CCBs, document the quantity of CCBs that will be utilized and certify that the CCBs have not been mixed with hazardous waste prior to use and that the CCBs do not exceed Class I groundwater quality standards for metals when tested utilizing ASTM method D3987-85. Dust generation in fly ash applications must be minimized. CCBs may not be accumulated speculatively. Note: CCBs are not accumulated speculatively if 75% of the CCBs accumulated at the beginning of a calendar year are used during the calendar year.

Mine applications of CCW and/or CCBs must meet the requirements specified in 415 ILCS 5/21(r) and certain guidance memorandum issued by the Illinois Department of Mines and Minerals ("IDMM") and IEPA. IDMM and IEPA have dual jurisdiction over mine disposal of CCBs. IDMM and IEPA have issued joint memorandums detailing the procedures and requirements for mine disposal of CCBs. (Land Reclamation Memorandum 92-11 and Land Reclamation Memorandum 95-89). Groundwater monitoring and liners may be required by IDMM and IEPA in certain applications. In addition, CCW requirements are more stringent than those for CCB. Specifically:

• CCW waste disposal must be associated with coal sales (on a company wide basis) of the coal company. A coal company may not dispose of CCW from a company that has not purchased coal from the mine.
• CCW disposal may not exceed 35% of coal sales unless information is submitted justifying a higher percentage (According to Scott Schmitz of IDMM, additional volumes will be allowed if it is established that the particular combusted coal generates a greater volume of ash). Initially, this restriction was stated as a limitation applicable to each coal sales source. This requirement was clarified in a November 20, 1995 IDMM memo which states that IDMM is not limiting each CCW source to a 35% disposal limit, but that the 35% limit applies to total coal company sales. source The quantity of CCW from each source as well as the total quantity of CCW received at the disposal site must be reported quarterly.

Other CCB applications may be authorized upon IEPA's written determination that the proposed use has no greater adverse environmental impact that the beneficial uses specified in the law.