HEATHER NIFONGILLINOIS EPAAPRIL 3, 2012

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CCDD and Uncontaminated Soil Fill

Operations

Overview2

CCDD law P.A. 96-1416, signed 7/30/10Interim StandardsIllinois EPA’s proposed rule, the 35 IAC Part

1100 amendmentsStakeholdersNew CCDD legislation, May 2011Formal rulemaking with the Illinois Pollution

Control Board, R12-9Where to go for more information

CCDD Law3

P.A. 96-1416 makes the following changes:• Uncontaminated soil fill operations must register

with Illinois EPA;

• Fill operators must obtain uncontaminated soil certifications from either a source site owner or licensed professional engineer;

• Illinois EPA must assess and collect a fee on CCDD and uncontaminated soil accepted at CCDD fill sites (CCDD fee regulations are located at 35 IAC 1150);

• Counties that inspect CCDD fill sites under delegation agreements may impose their own local tipping fee.

CCDD Law4

P. A. 96-1416 also requires Illinois EPA to propose rules by July 30, 2011 that:

• Establish technical requirements for CCDD facilities;

• Set operating standards for uncontaminated soil fill operations; and

• Develop standards for the maximum allowable concentrations of chemical constituents in uncontaminated soil generated during construction and demolition activities and used as fill material at either type of fill site.

These rules were filed with the Illinois Pollution Control Board on 7/29/11 as amendments to 35 IAC Part 1100.

Interim Standards5

Between July 30, 2010 and July 30, 2012 (the date by which the Board has to adopt rules), the following requirements apply to fill operators:

Document loads received;Obtain uncontaminated soil certifications;Confirm that the CCDD or uncontaminated soil was not removed from a site as part of a cleanup;Visually inspect and screen each load of soil with a PID; Document activities, including soil chemical analyses, if applicable.

Illinois EPA’s proposed rule6

Subpart A: GeneralAdds new definitions, including “potentially impacted property” and

clarifies the term, “other excavations.”

Subpart B:Operating Standards for CCDD Fill Operations

Includes new requirements for soil certifications by source site owners, professional engineers and professional geologists.

Subpart C: Permit Application Information for CCDD Fill Operations No significant changes.

Subpart D: Procedural Requirements of Permitting CCDD Fill Operations Requires 3 years of groundwater monitoring to confirm no exceedance of the Class I groundwater quality standards.

Illinois EPA’s proposed rule7

Subpart E: Uncontaminated Soil Fill Operations (new)While a permit is not required, these sites must now meet other requirements similar to those of CCDD facilities, such as

Maintaining operating records; Performing load-checking activities, including obtaining soil

certifications; and Completing procedures for closure and termination of

postclosure maintenance, including groundwater monitoring.

Illinois EPA’s proposed rule8

Subpart F: Standards for Uncontaminated Soil Used as Fill Material at Regulated Fill Operations (new)Lays out the methodology for the numerical standards used to determine whether soil is uncontaminated. These standards are based on TACO (35 IAC Part 742).

Illinois EPA will post the table of TACO-Derived Maximum Allowable Concentrations (MAC) of Chemical Constituents in Uncontaminated Soil on its website, not in the regulations directly.

Illinois EPA’s proposed rule9

Subpart G: Groundwater Monitoring (new)This subpart applies to both CCDD and soil only fill sites.

Requires groundwater monitoring for the life of the operation, including closure and postclosure periods. Fill sites must test annually for all constituents that have a Class I groundwater quality standard.

If a fill site detects groundwater contamination above the Class I groundwater quality standards, corrective action must be performed unless the fill site can show that the contamination is not caused by the fill operation.

On-site corrective action must achieve the numerical Class I groundwater quality standards. Off-site corrective action must achieve compliance with the applicable groundwater quality standards as well as the rest of 35 IAC 620, which includes non-degradation provisions.

Outreach by Illinois EPA10

A difficult start: challenged by immediate effective date of CCDD law in July 2010

Working to resolve uncertainty with the Interim Standards

Listening to all concerns in developing the draft proposal to amend Part 1100

Illinois EPA’s goal has been to propose a rule that is fair and workable while also sufficiently protective of the environment.

Stakeholders11

American Institute of Professional Geologists

American Public Works Association

Army Corps of Engineers Association of

Environmental and Engineering Geologists

Chicago Public Building Commission

City of Chicago Forest Preserve District of

Will County Illinois Association of

Aggregate Producers Illinois Association of County

Engineers Illinois Attorney General’s

Office Illinois DOT

Illinois Groundwater Association

Illinois Landscape Contractors Association

Illinois Road and Transportation Builders Association

Illinois Society of Professional Engineers

Land Reclamation and Recycling Association

National Solid Waste Management Association

Soil Science Society of America Suburban Public Works

Directors Association U.S. Navy Will County Various private companies and

consultants

New CCDD legislation May 201112

On May 31, 2011, the Illinois General Assembly passed Senate Amendment #2 to House Bill 3371

• The amendment removes the benzo(a)pyrene restriction. This change allows the Illinois Pollution Control Board to consider TACO background levels for all carcinogens and not just for the one carcinogen, benzo(a)pyrene. (The current law does not restrict the Board’s consideration of TACO background levels for non-carcinogens), and

• The amendment allows Professional Geologists to provide certifications in addition to Professional Engineers under the interim soil certification requirements.

Rulemaking by the IPCB13

July 29, 2011 marked the start of the formal rulemaking process, which is administered by a separate entity, the Illinois Pollution Control Board. Three public hearings have been held, one in Springfield and two in Chicago: 9/26-27/11, 10/25-26/11, and 3/13-14/12.The Board issued its First Notice Opinion and Order on 2/2/12.The First Notice Public Comment Period ends 4/18/12, but participants may respond to First Notice comments until 4/27/12.The Board must adopt the rules by 7/30/12.

Outstanding Issues

Removal of the groundwater monitoring requirements by the Board at First Notice.

Addition of new requirements for uncontaminated soil screening: compliance with ASTM 1528-06 (due diligence) or ASTM 1527-05 (phase 1 ESA), depending on whether the source site is a potentially impacted property by the Board at First Notice.

Which pH value to use when determining certain maximum allowable concentrations (MACs) for uncontaminated soil.

Exclusion of the inhalation and ingestion pathways for determining MACs.

Use of grab sampling versus compositing when certifying uncontaminated soils.

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For More Information

http://www.ipcb.state.il.us

On the Board’s website, choose Rulemakings Pending Before the Board, then click on Case No: R2012-009 to bring up the proposed rule and all relevant documents, including hearing transcripts and testimony by stakeholders.

You may also request to be placed on the Board's Notice List or Service List by clicking on Notify Me next to the Case Activity Heading.

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QUESTIONS?

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