Heather Nifong, Programs Advisor, Division of Remediation Management, Illinois EPA

1. CCDD and Uncontaminated
Soil Fill Operations
1
HEATHER NIFONG
ILLINOIS EPA
APRIL 3, 2012

2. Overview
2
 CCDD law P.A. 96-1416, signed 7/30/10
 Interim Standards
 Illinois EPA’s proposed rule, the 35 IAC Part 1100
amendments
 Stakeholders
 New CCDD legislation, May 2011
 Formal rulemaking with the Illinois Pollution
Control Board, R12-9
 Where to go for more information

3. CCDD Law
3
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.

4. CCDD Law
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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.

5. Interim Standards
5
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.

6. Illinois EPA’s proposed rule
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 Subpart A: General
Adds 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.

7. Illinois EPA’s proposed rule
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 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.

8. Illinois EPA’s proposed rule
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 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.

9. Illinois EPA’s proposed rule
9
 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.

10. Outreach by Illinois EPA
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 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.

11. Stakeholders
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 American Institute of  Illinois Groundwater Association
Professional Geologists  Illinois Landscape Contractors
 American Public Works Association
Association  Illinois Road and Transportation
 Army Corps of Engineers Builders Association
 Association of Environmental  Illinois Society of Professional
and Engineering Geologists Engineers
 Chicago Public Building  Land Reclamation and Recycling
Commission Association
 City of Chicago  National Solid Waste
 Forest Preserve District of Will Management Association
County  Soil Science Society of America
 Illinois Association of Aggregate  Suburban Public Works Directors
Producers Association
 Illinois Association of County  U.S. Navy
Engineers  Will County
 Illinois Attorney General’s Office  Various private companies and
 Illinois DOT consultants

12. New CCDD legislation May 2011
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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.

13. Rulemaking by the IPCB
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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.

14. Outstanding Issues
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 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.

15. For More Information
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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.

16. 16
QUESTIONS?
thank you