ILLINOIS POLLUTION CONTROL BOARD
January 9, 1997
IN THE MATTER OF:
)
)
STEEL AND FOUNDRY INDUSTRY WASTE
)
R96-3
LANDFILLS: AMENDMENTS TO 35 ILL.
) (Rulemaking - Land)
ADM. CODE 817.309 (FACILITY LOCATION
)
FOR LANDFILLS ACCEPTING
)
POTENTIALLY USABLE WASTE)
)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
This matter comes before the Board upon a petition for rulemaking filed by the Illinois
Cast Metals Association (ICMA) on September 6, 1995. ICMA filed a revised petition on
February 26, 1996. By today’s action the Board adopts amendments to 35 Ill. Adm. Code
817.309 in accord with ICMA’s revised proposal. In pertinent part, Section 817.309
establishes minimum setback distances and strata thicknesses between the waste unit and Class
I and Class III groundwaters. The instant amendments allow the owner or operator to make a
demonstration to the Illinois Environmental Protection Agency (Agency) that, the absence of
natural barriers notwithstanding, the unit could be operated in a manner protective of human
health and the environment.
The Board's responsibility in this matter arises from the Environmental Protection Act
(Act) (415 ILCS 5/1
et seq
. (1994)). The Board is charged therein to "determine, define and
implement the environmental control standards applicable in the State of Illinois" (415 ILCS
5/5(b)(1994)). More generally, the Board's rulemaking charge is based on the system of
checks and balances integral to Illinois environmental governance: the Board bears
responsibility for the rulemaking and principal adjudicatory functions; the Agency has primary
responsibility for administration of the Act and the Board's regulations, including the
regulations adopted today. The Agency has indicated that it does not oppose the instant
amendments. (Exh. 3.)
PROCEDURAL HISTORY
ICMA filed its initial proposal on September 6, 1995. By order of September 21, 1995
the Board accepted the proposal for hearing.
2
Hearings were scheduled on the initial proposal for November 28 and 30, 1995.
However, by filing of November 22, 1995 ICMA moved the Board to postpone the hearings
pending additional discussion of the proposal with the Agency.
On February 26, 1996 ICMA withdrew the initial petition and filed a revised petition.
In the initial proposal, ICMA sought to effectuate the rule change it sought by amendment of
35 Ill. Adm. Code 814.902
1
. In the revised proposal the locus of the proposed amendments
was changed to 35 Ill. Adm. Code 817.309.
Public hearings were held before hearing officer Audrey Lozuk-Lawless in Chicago on
June 24, 1996 and in Edwardsville on June 26, 1996. ICMA presented the testimony of
Michael Slattery and Christopher Peters, both of Residuals Management Technology, Inc.
The Agency presented the testimony of Kenneth W. Liss, manager of the Groundwater Unit,
Permit Section, of the Agency’s Bureau of Land.
In response to considerations raised at hearing, on July 18, 1996 ICMA filed revised
proposed language. The Board adopted that proposal for first notice by Board order of
August 15, 1996. Publication occurred at 20
Illinois Register
11554 (August 30, 1996).
On November 7, 1996 the Board adopted a proposal for second notice. On December
17, 1996 the Joint Committee on Administrative Rules (JCAR) voted “no objection” to the
Board taking final action on this matter.
OVERVIEW
Today’s amendments have antecedents in two prior Board rulemakings. In the first of
these, R88-7, the Board adopted a broadly applicable and extensively revised set of regulations
governing non-hazardous waste landfills
2
.
The R88-7 rulemaking resulted in the establishment of several categories of waste for
which waste-specific landfill standards were established. Among these, for example, are
standards applicable to putrescible waste landfills. The principle underlying waste-specific
landfilling standards is that different types of waste may have sufficiently different properties
as to warrant distinct provisions governing their disposal. Moreover, the Board recognized at
the time that the R88-7 rulemaking was finalized, that there were additional categories of
wastes for which further waste-specific landfill standards might be warranted.
1
Section 814.902 contains miscellaneous standards for the operation and closure of existing
landfill units that (a) accept only potentially usable steel or foundry industry waste and (b) plan
to stay open for more than two years.
2
See In the Matter of: Development, Operating and Reporting Requirements for Non-
hazardous Waste Landfills R88-7, 114 PCB 483, August 17, 1990, effective September 18,
1990.
3
One such additional category explicitly identified in the R88-7 rulemaking and in the
regulations themselves is “wastes generated by foundries and primary steel production
facilities” (35 Ill. Adm. Code 811.101(b)). In the second of the two antecedent rulemakings,
docketed as R90-26(A)
3
and R90-26(B)
4
, the Board adopted regulations governing the land
disposal of a variety of steel and foundry industry non-hazardous wastes. Included in the R90-
26 rulemakings was adoption of Part 817, which is at issue in the instant proceeding.
Today’s focus is on only a small portion of Part 817
5
, the portion that deals with
landfills that receive only potentially usable steel and foundry industry waste. Potentially
usable waste (PUW) is one of the three types of steel and foundry industry wastes for which
waste-specific landfilling standards were developed in the R90-26 rulemakings. “Potentially
usable waste” is defined at 35 Ill. Adm. Code 810.103 as:
“Potentially usable waste” means any solid waste from the steel and foundry
industries that will not decompose biologically, burn, serve as food for vectors,
form a gas, cause an odor, or form a leachate that contains constituents that
exceed the limits for this type of waste as specified at 35 Ill. Adm. Code
817.106.
Moreover, today’s focus is only on the facility location standards for PUW landfills
and, further, only on that aspect of the location standards that concerns the positioning of the
landfills with respect to Class I and Class III groundwaters
6
. The current regulations at Section
817.309(b) contain a prohibition against the siting of any new PUW landfill where any part of
the landfill unit is within 1200 feet, vertically or horizontally, of a Class I or Class III
groundwater, unless there is an intervening confining layer of specific properties:
* * *
b)
No part of a unit shall be located within the recharge zone or within 366
meters (1200 feet), vertically or horizontally, of that portion of a
stratigraphic unit containing Class I or Class III groundwater as defined
at 35 Ill. Adm. Code 620, unless there is a stratum between the bottom
3
In the Matter of: Steel and Foundry Industry Amendments to the Landfill Regulations (35
Ill. Adm. Code 810 through 815 and 817) R90-86(A), July 21, 1994.
4
In the Matter of: Steel and Foundry Industry Amendments to the Landfill Regulations (35
Ill. Adm. Code 810 through 815 and 817) R90-86(B), September 1, 1994.
5
See today’s order for the full text of the table of contents of Part 817.
6
Class I groundwaters are groundwaters that constitute potable resources, as defined at 35 Ill.
Adm. Code 620.210. Class III groundwaters are groundwaters that, pursuant to 35 Ill. Adm.
Code 620.250, are explicitly designated as “Special Resources Groundwaters”; as of this date,
no Class III groundwaters have been designated.
4
of the waste disposal unit and the top of the Class I or Class III
groundwater that meets the following minimum requirements:
1)
The stratum has a minimum thickness of 15.2 meters (50 feet);
2)
The maximum hydraulic conductivity in both the horizontal and
vertical directions is no more than 1 x 10
-7
centimeters per
second, as determined by in situ borehole or equivalent tests;
3)
There is no indication of continuous sand or silt seams, faults,
fractures or cracks within the stratum that may provide parts for
migration; and
4)
Age dating of extracted water samples from both the aquifer and
the stratum indicates that the time of travel for water percolating
downward through the relatively impermeable stratum is no faster
than 15.2 meters (50 feet) in 100 years.
* * *
Today’s new rules retain this prohibition generally, but allow for an exception if the
owner or operator of the unit successfully demonstrates to the Agency that siting of the unit
will not degrade the use of any Class I groundwater or adversely impact any existing Class III
groundwater.
The Board notes that, although Part 817 is titled “Requirements for New Steel and
Foundry Industry Wastes Landfills” (emphasis added), today’s amendments, through the
operation of 35 Ill. Adm. Code 814.902(a), also apply to existing PUW landfills.
JUSTIFICATION
Environmental Considerations
The purpose of the existing Section 817.309(b) is to provide assurance that steel and
foundry industry waste landfills will not be sited in such manner as to cause or allow pollution
of adjacent groundwaters. This assurance is currently provided by the requirement of a large
spacial separation between the landfill and groundwater, or by the requirement of a intervening
confining layer. Today’s amendments provide a third assurance mechanism. That mechanism
is a demonstration made to and accepted by the Agency that the landfill will not pollute the
groundwater based on the site-specific character of both the landfill and the groundwater.
This third exemption would require the operator or owner of the landfill to demonstrate
to the Agency that the unit will not impact any existing Class III groundwater or impact any
Class I groundwater such that treatment or further treatment will be required to allow
reasonable use of such Class I groundwater for potable water supply purposes. ICMA
5
contends, and we agree, that there are certain hydrogeologic situations in which existing PUW
landfills pose a negligible potential for impacts to downgradient potable water supply wells or
to surface water. ICMA further requests, and we again agree, that an applicant should be
allowed to site or continue to operate a PUW landfill if such a technical demonstration is
made.
Economic Considerations
ICMA describes the economic considerations motivating their proposal as follows:
ICMA is aware of several facilities in current operation who have the
potential to benefit from this proposal. It is also believed that there are several
inactive landfills which, if the rule is changed, have the potential to re-open.
Finally, the proposed revision will allow new landfills to be sited in locations
that are currently prohibited even though a landfill would have no reasonable
likelihood of adversely impacting downgradient groundwater users.
We have prepared disposal cost estimates for an average-sized foundry
who: (1) sends its waste to an offsite landfill; (2) operates a chemical waste
landfill; or (3) operates a PUW landfill . . . Of interest to this rule making is
the difference between offsite disposal and disposal in a PUW landfill. That
difference is . . . estimated at $1,327,560 per year per landfill.
In addition, diversion of PUW wastes to chemical waste landfills would
reduce the capacity of those landfills by hundreds of thousands of tons per year.
ICMA believes the limited capacity of chemical waste landfills should be used
for more difficult to manage industrial wastes which create a greater threat to
the environment than does PUW.
An additional benefit of this rule making is the continued segregation of
PUW from chemical wastes. Since the promulgation of Part 817 in July 1994,
the Illinois Cast Metals Association (ICMA) has continued to work with
regulators and the foundry industry to promote beneficial use of foundry sand
materials. ICMA held several seminars to promote the new rule making and
educate the membership on protocol for becoming a beneficial use participant.
ICMA has additionally sought out new approaches to promote beneficial
use on a statewide basis. One such approach was to meet with Illinois
Department of Transportation (IDOT) officials in the Bureau of Materials and
Physical Research Division to seek their participation in utilizing foundry
byproduct materials for highway construction material. IDOT is considering a
specification for foundry byproducts materials in construction back fill and
indicated they will work with individual foundries to qualify materials for
construction use.
6
ICMA has initiated a contract with the University of Illinois to conduct
research on beneficial use of foundry materials for the potential use in
improving the drainage of Illinois farm soils and the project is underway. The
research proposal from the University, entitled “Use of Foundry Green Sand to
Improve the Physical Properties of Poorly Drained Soils,” . . . represents the
scope of the project.
Substantial supplies of Potentially Useable Waste make it much easier to
convince a possible purchaser to consider the use of the material. ICMA
believes the current rule making effort is necessary to promote continuation of
PUW sites to assure a supply of construction materials when needed.
* * *
ICMA believes that the proposed revision will result in a net economic
and environmental benefit to the State of Illinois. It will allow existing facilities
to continue to operate and new facilities to be sited without seeking Board
approval for each siting decision.
Exhibit 1 at p 4-6.
CONCLUSION
The Board believes that ICMA has presented evidence warranting adoption of the
amendments as proposed.
ORDER
The Board directs that the following amendments be submitted to the Secretary of State
for final notice pursuant to Section 5-40 of the Illinois Administrative Procedure Act.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 817
REQUIREMENTS FOR NEW STEEL AND FOUNDRY
INDUSTRY WASTES LANDFILLS
SUBPART A: GENERAL REQUIREMENTS
Section
817.101
Scope and Applicability
817.103
Determination of Waste Status
817.104
Sampling Frequency
7
817.105
Waste Classification
817.106
Waste Classification Limits
817.107
Waste Mining
SUBPART B: STANDARDS FOR MANAGEMENT OF BENEFICIALLY USABLE
STEEL AND FOUNDRY INDUSTRY WASTES
Section
817.201
Scope and Applicability
817.202
Limitations on Use
817.203
Notification
817.204
Long-Term Storage
SUBPART C: STEEL AND FOUNDRY INDUSTRY POTENTIALLY
USABLE WASTE LANDFILLS
Section
817.301
Scope and Applicability
817.302
Design Period
817.303
Final Cover
817.304
Final Slope and Stabilization
817.305
Leachate Sampling
817.306
Load Checking
817.307
Closure
817.308
Nuisance Precautions
817.309
Facility Location
SUBPART D: NEW STEEL AND FOUNDRY INDUSTRY LOW RISK WASTE
LANDFILLS
Section
817.401
Scope and Applicability
817.402
Facility Location
817.403
Design Period
817.404
Foundation and Mass Stability Analysis
817.405
Foundation Construction
817.406
Liner Systems
817.407
Leachate Drainage System
817.408
Leachate Collection System
817.409
Leachate Treatment and Disposal System
817.410
Final Cover System
817.411
Hydrogeologic Site Investigations
817.412
Plugging and Sealing of Drill Holes
817.413
Groundwater Impact Assessment
817.414
Design, Construction and Operation of Groundwater Monitoring Systems
817.415
Groundwater Monitoring Programs
817.416
Groundwater Quality Standards
817.417
Waste Placement
8
817.418
Final Slope and Stabilization
817.419
Load Checking
SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Section
817.501
Scope and Applicability
Section
817.Appendix A
Organic Chemical Constituents List
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17, 28.1, and authorized by
Section 27 of the Environmental Protection Act [415 ILCS 5/5, 5/21, 5/21.1, 5/22, 5/22.17,
5/28.1, and 5/27].
SOURCE: Adopted in R90-26(A) at 18 Ill. Reg. 12411, effective August 1, 1994; amended
in R90-26(B) at 18 Ill. Reg. 14370, effective September 13, 1994; amended in R96-3 at 21 Ill.
Reg. _________, effective ______________________ .
Section 817.309
Facility Location
a)
No part of a unit shall be located within a setback zone established pursuant to
Section 14.2 or 14.3 of the Act.
b)
No part of a unit shall be located within the recharge zone or within 366 meters
(1200 feet), vertically or horizontally, of that portion of a stratigraphic unit
containing Class I or Class III groundwater as defined at 35 Ill. Adm. Code
620, unless:
1)
There is a stratum between the bottom of the waste disposal unit and the
top of the Class I or Class III groundwater that meets the following
minimum requirements:
A)
The stratum has a minimum thickness of 15.2 meters (50 feet);
B) The maximum hydraulic conductivity in both the horizontal and
vertical directions is no more than 1 x 10
-7
centimeters per
second, as determined by in situ borehole or equivalent tests;
C)
There is no indication of continuous sand or silt seams, faults,
fractures or cracks within the stratum that may provide paths for
migration; and
D)
Age dating of extracted water samples from both the aquifer and
the stratum indicates that the time of travel for water percolating
9
downward through the relatively impermeable stratum is no faster
than 15.2 meters (50 feet) in 100 years; or
2)
The owner or operator of the unit has demonstrated to the Agency,
through the use of a site-specific groundwater model, or through other
appropriate means, such as historical knowledge of local conditions or
regional geological and hydrogeological data, that operation of the unit
will not adversely impact any existing Class III groundwater or impact
any Class I groundwater such that treatment or further treatment will be
required to allow reasonable use of such Class I groundwater for potable
water supply purposes.
A)
Factors to be considered in evaluating whether a Class I
groundwater may be reasonably used for potable supply purposes
include, but are not limited to:
i)
Physical or technological practicability of development;
ii)
Existence of deed restrictions or other legal mechanisms
for imposing a restriction on land use; and
iii)
The nature of an existing use of the groundwater.
B)
In performing groundwater modeling, the owner or operator
shall:
i)
Estimate the amount of seepage from the unit during
operations assuming that the actual design standards for
the unit apply;
ii)
Determine the concentration of constituents in the leachate
from actual leachate samples from the waste or similar
waste, or laboratory-derived extracts;
iii)
Collect information to develop the site-specific
groundwater model (e.g., hydraulic conductivity,
gradients, hydrogeology, stratigraphy);
iv)
Develop a conceptual groundwater flow model of the site
to determine the soil units through which leachate may
migrate;
v)
If leachate from the unit is expected to contain organic
constituents in excess of the MALCs for beneficial usable
10
waste, determine the organic carbon content for soil units
through which the leachate constituents may migrate; and
vi)
Determine the retardation factor for constituents of
interest based on traditional hydrogeological methods.
c)
Subsection (b) shall not apply to units that accept only beneficially useable
waste.
d)
A facility located within 152 meters (500 feet) of the right of way of a township
or county road or State or interstate highway shall have its operations screened
from view by a barrier of natural objects, fences, barricades or plants no less
than 2.44 meters (8 feet) in height.
e)
No part of a unit shall be located closer than 152 meters (500 feet) from an
occupied dwelling, school, or hospital that was occupied on the date when the
operator first applied for a permit to develop the unit or the facility containing
the unit, unless the owner of such dwelling, school, or hospital provides
permission to the operator, in writing, for a closer distance.
(Source: Amended at 21 Ill. Reg. ______________, effective __________________.)
IT IS SO ORDERED.
Board Member Marili McFawn dissented and Board Member Kathleen M. Hennessey
abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
certify that the above opinion and order was adopted on the _______ day of
___________________, 1997 by a vote of _______.
______________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board