On April 16, 2020, the Board issued a first-notice opinion and order proposing new rules concerning the disposal of coal combustion residual (CCR) in surface impoundments at power generating facilities (35 Ill. Adm. Code 845). The CCR rules had been proposed to the Board on March 30, 2020, by the Illinois Environmental Protection Agency (Agency). Receiving the Agency’s proposal started the Board’s one-year statutory deadline to adopt final rules. Accordingly, the Board proceeded to first notice without commenting on the substantive merits of the Agency’s proposal.
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