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  Document Board Proceeds to First Notice with IEPA’s Proposed NOx Emission Amendments

On July 8, 2024, the Illinois Environmental Protection Agency (IEPA) filed a proposal to amend the Board’s Part 217 air pollution rules (35 Ill. Adm. Code 217). The proposed amendments concern major stationary sources of nitrogen oxides (NOx) emissions in areas designated as nonattainment for the 2015 eight-hour ozone National Ambient Air Quality Standard (NAAQS).

  Document Board Adopts Alternative Standards for Startup, Shutdown, Breakdown, and Malfunction

On August 22, 2024, the Board amended its air pollution rules by adopting alternative emission limits for periods of startup, shutdown, breakdown, and malfunction. These amendments to 35 Ill. Adm. Code 212, 215, 216, and 217 are generally based on four rulemaking proposals separately filed by (1) Rain CII Carbon LLC; (2) Dynegy Midwest Generation LLC, Illinois Power Generating Company, Kincaid Generation, LLC, and Midwest Generation LLC; (3) American Petroleum Institute; and (4) East Dubuque Nitrogen Fertilizers LLC.

  Document Board Adopts Amendments to Administrative Rules

On September 5, 2024, the Board adopted amendments to its administrative rules at Part 2175 of Title 2 of the Illinois Administrative Code. The Board amended the rules to reflect, among other things, a recent change to the Open Meetings Act (5 ILCS 120/7(a) (2022)). The Open Meetings Act was amended so that a member of a public body could attend a meeting of that body by video or audio conference when the member is unable to physically attend the meeting because of “unexpected childcare obligations.” The Board added corresponding language to its rule that specifies the circumstances under which a Board Member may telephonically attend an open meeting of the Board.

  Document Board Proposes “Identical-in-Substance” Amendments to Ambient Air Quality Standards

On September 5, 2024, the Board proposed amendments to keep Illinois’ ambient air quality standards “identical in substance” to the National Ambient Air Quality Standards (NAAQS). The amendments reflect two actions taken by the United States Environmental Protection Agency (USEPA) during the first half of 2024. First, USEPA revised the primary annual NAAQS for fine particulate matter (PM2.5) from 12.0 micrograms per cubic meter of air (12.0 µg/m3) to 9.0 µg/m3. USEPA set the more stringent standard due to human health effects associated with long- and short-term exposures to PM2.5 in ambient air. Second, USEPA updated its List of Designated Reference and Equivalent Methods. This update modified existing method designations and designated a new Federal Equivalent Method (FEM) for measuring concentrations of ozone (O3) in ambient air.

  Document Board Proposes “Identical-in-Substance” Amendments to Wastewater Pretreatment Rules

On September 5, 2024, for public comment, the Board proposed amendments to Illinois’ wastewater pretreatment regulations. The proposed amendments are “identical in substance” to rule amendments adopted by the United States Environmental Protection Agency (USEPA) during the first half of 2024. Specifically, on May 9, 2024, USEPA updated the effluent limitations guidelines and standards (ELGs) for the steam electric power generating point source category.

  Document Board Proposes First-Notice Amendments in Coal Ash Sub-Docket

On August 22, 2024, the Board issued an order proposing amendments to 35 Ill. Adm. Code 845 for first notice. The Board had opened this sub-docket when it adopted new Part 845, Illinois’ first Statewide standards for the disposal of coal combustion residuals (CCR) in surface impoundments. The sub-docket was established to further explore four issues: (1) historic, unconsolidated coal ash fill in the State; (2) the use of temporary storage piles of coal ash, including time and volume limits; (3) fugitive dust monitoring plans for areas surrounding CCR surface impoundments; and (4) the use of environmental justice screening tools.

  Document Board Goes to Second Notice with Alternative Standards for Startup, Shutdown, Breakdown, and Malfunction

On July 11, 2024, for review by the Joint Committee on Administrative Rules (JCAR), the Board proposed second-notice amendments to establish alternative emission limits for periods of startup, shutdown, breakdown, and malfunction. The proposal would amend four Parts of the Board’s air pollution rules, i.e., Parts 212, 215, 216, and 217 (35 Ill. Adm. Code 212, 215, 216, 217).

  Document Board Adopts “Identical-in-Substance” Amendments to Hazardous Waste Regulations

On July 11, 2024, for public comment, the Board proposed amendments to keep Illinois’ hazardous waste regulations “identical in substance” to the federal regulations. The proposed amendments reflect actions taken by the United States Environmental Protection Agency (USEPA) in the second half of calendar year 2023. During this timeframe, USEPA made technical revisions to correct or clarify regulations adopted as part of the Hazardous Waste Generator Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste rule. USEPA also made other minor corrections, clarifications, and updates to its hazardous waste regulations.

  Document Board Adopts “Identical-in-Substance” Amendments to Wastewater Pretreatment Rules

On June 20, 2024, the Board adopted amendments to Illinois’ wastewater pretreatment regulations. The amendments to 35 Ill. Adm. Code 307 are “identical in substance” to rule amendments adopted by the United States Environmental Protection Agency (USEPA) during the second half of 2023. Specifically, on August 9, 2023, USEPA updated the reporting and recordkeeping requirements for dental offices as a point source category (40 C.F.R. § 441.50).

  Document Board Adopts “Identical-in-Substance” Amendments to Hazardous Waste Regulations

On June 20, 2024, the Board adopted amendments to keep Illinois’ hazardous waste regulations “identical in substance” to the federal regulations. The amendments reflect actions taken by the United States Environmental Protection Agency (USEPA) during the second half of calendar years 2020 and 2021, as well as the first half of calendar year 2023. During these timeframes, USEPA updated its regulations for identifying ignitable hazardous waste, modernized test methods that currently require the use of mercury thermometers, harmonized its regulations on hazardous waste import-export recovery and disposal operations with new Canadian disposal code numbers and descriptions, and revised Method 23.

  Document Board Proposes Rules for Drycleaner Continuing Education and Voluntary Disclosure of Noncompliance

In 2023, the Board adopted new rules (35 Ill. Adm. Code 1501) on licensing drycleaning facilities, overseeing their environmental insurance coverage, and administering State fund reimbursement for the costs of cleaning up drycleaning solvent releases. In that rulemaking (docket R21-19), the Board also opened a sub-docket (R21-19(A)) to further consider the issues of continuing education and compliance program requirements for owners and operators of active drycleaning facilities.

  Document Board Adopts “Identical-in-Substance” Amendments to Ambient Air Quality Standards

On May 16, 2024, the Board adopted amendments to keep Illinois’ ambient air quality standards identical in substance to the National Ambient Air Quality Standards (NAAQS). The amendments reflect two actions taken by the United States Environmental Protection Agency (USEPA) during the second half of 2023. First, USEPA updated the current ozone absorption cross-section to the recommended consensus-based cross-section value. Second, USEPA designated two new equivalent methods for monitoring ambient air quality, one for measuring concentrations of lead (pb) and the other for measuring concentrations of particulate matter (PM10). The Board’s final amendments account for these USEPA updates.

  Document Board Adopts “Identical-in-Substance” Amendments to Wastewater Pretreatment Regulations

On May 16, 2024, the Board adopted amendments to keep Illinois’ wastewater pretreatment regulations “identical in substance” to the federal regulations. The amendments reflect action taken by the United States Environmental Protection Agency (USEPA) during the first half of calendar year 2023. USEPA amended a provision of the steam electric power generating point source category within the effluent limitation guidelines. Specifically, USEPA extended the date by which existing coal-fired power plants must submit a notice if they plan to participate in a subcategory of electric generating units permanently ceasing coal combustion by December 31, 2028. The Board added the extended deadline to the Illinois sewer discharge criteria rules for steam electric power generating.

  Document Board Proposes Non-Substantive Amendments to Air Pollution Rules

On June 6, 2024, the Board issued an order proposing, for public comment, non-substantive amendments to Illinois’ air pollution rules. The proposed amendments are part of a larger undertaking by the Board to update its rules across multiple media and subject areas. The proposal will remove unnecessary language, replace outdated language, update statutory references, and reorganize provisions for clarity. The proposed amendments include revisions submitted by the Illinois Environmental Protection Agency to delete obsolete provisions and make other non-substantive updates and corrections.

  Document For First Notice, Board Proposes Amendments to Rules on Non-Attainment New Source Review

On April 18, 2024, the Board proposed first-notice amendments to update its air pollution rules on permitting for the construction and modification of major stationary sources in non-attainment areas. The changes will make the Board’s Non-Attainment New Source Review (NA NSR) permitting rules consistent with the federal Clean Air Act and the United States Environmental Protection Agency’s underlying NA NSR permitting program. The Board also proposed related changes to its rules on Prevention of Significant Deterioration (PSD) permitting, as well as its rules on toxic air contaminants.

  Document Board Proposes Amendments to Groundwater Quality Standards for First Notice

On March 7, 2024, the Board proposed first-notice amendments to update its groundwater quality rules in 35 Ill. Adm. Code 620. The proposed changes will uphold the policy of the Illinois Groundwater Protection Act “to restore, protect, and enhance the groundwaters of the State, as a natural and public resource.” 415 ILCS 55/2(b) (2022). Among the amendments, the Board proposes adding groundwater quality standards for ten new chemicals detected in Illinois groundwater, including six per- and polyfluoroalkyl substances or “PFAS.”

  Document Board Proposes “Identical-in-Substance” Amendments to Ambient Air Quality Standards

On March 7, 2024, the Board proposed amendments to keep Illinois’ ambient air quality standards “identical in substance” to the National Ambient Air Quality Standards (NAAQS). The amendments reflect two actions taken by the United States Environmental Protection Agency (USEPA) during the second half of 2023. First, USEPA updated the current ozone absorption cross-section to the recommended consensus-based cross-section value. Second, USEPA updated its List of Designated Reference and Equivalent Method. This update modified existing method designations and designated a new Federal Equivalent Method (FEM) for measuring concentrations of fine particulate matter (PM10) in ambient air.

  Document Board Proposes “Identical-in-Substance” Amendments to Wastewater Pretreatment Rules

On March 7, 2024, for public comment, the Board proposed amendments to Illinois’ wastewater pretreatment regulations. The proposed amendments are “identical in substance” to rule amendments adopted by the United States Environmental Protection Agency (USEPA) during the second half of 2023. Specifically, on August 9, 2023, USEPA updated the reporting and recordkeeping requirements for dental offices as a point source category (40 C.F.R. § 441.50).

  Document Board Proposes “Identical-in-Substance” Amendments to Hazardous Waste Regulations

On March 7, 2024, for public comment, the Board proposed amendments to keep Illinois’ hazardous waste regulations “identical in substance” to the federal regulations. The proposal reflects action taken by the United States Environmental Protection Agency (USEPA) during the second half of calendar years 2020 and 2021, as well as the first half of calendar year 2023. During these timeframes, USEPA updated its regulations for identifying ignitable hazardous waste, modernized test methods that currently require the use of mercury thermometers, harmonized its regulations on hazardous waste import-export recovery and disposal operations with new Canadian disposal code numbers and descriptions, and revised Method 23.

  Document Board Adopts Non-Substantive Amendments to Agriculture-Related Water Pollution Rules

On February 15, 2024, the Board adopted non-substantive amendments to its agriculture-related water pollution rules. These final amendments are part of a larger undertaking by the Board to update its rules across multiple media and subject areas. The amendments include removing unnecessary language, replacing outdated text, updating statutory references, and reorganizing provisions for clarity. All four Parts of the Board’s Subtitle E rules are affected, i.e., Parts 501, 502, 503, and 506 of Title 35 of the Illinois Administrative Code.

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