At a special meeting on July 27, 2020, the Board proposed a second-notice rule that, when it becomes effective, will replace an emergency rule extending the period for cross connection control device inspectors (CCCDIs) to renew their 2020 CCCDI approvals.

On July 16, 2020, the Board issued a final opinion and order amending its manifesting regulations on transporting non-hazardous special waste. The amendments allow transporters of State-regulated non-hazardous special waste to use manifests that are functionally identical to the Uniform Hazardous Waste Manifest of the United States Environmental Protection Agency (USEPA)—but without the financial and regulatory burdens associated with USEPA’s new e-Manifest System. The Joint Committee on Administrative Rules issued a “Certification of No Objection” to the rules at its June 16, 2020 meeting.

On June 18, 2020, the Board issued a second-notice opinion and order proposing a new Part 204 of its air pollution rules. As proposed, Part 204 would create Illinois’ Prevention of Significant Deterioration (PSD) permitting program. To conform its other rules to the proposed new program, the Board also proposed amending its air pollution rules at Parts 203, 211, and 215, as well as its procedural rules at Parts 101 and 105. In doing so, the Board addressed each of the public comments received during the first-notice period and submitted the proposal to the Joint Committee on Administrative Rules for second-notice review.

On May 21, 2020, the Board issued a second-notice opinion and order proposing to amend its manifesting regulations on transporting non-hazardous special waste. In doing so, the Board addressed each of the public comments received during the first-notice period and submitted the proposed amendments to the Joint Committee on Administrative Rules (JCAR) for review.

On May 21, 2020, for public comment and hearing, the Board proposed rule amendments that are “identical in substance” to federal actions taken during 2019 and the second half of 2018. The federal actions were taken by the United States Environmental Protection Agency (USEPA) and concerned the National Ambient Air Quality Standards (NAAQS). The USEPA actions considered by the Board included the October 16, 2018 corrections to area designations for the 2015 NAAQS for ozone (O3); the December 27, 2018 and May 28, 2019 area redesingations for the 1997 primary NAAQS for fine particulate matter (PM2.5); the March 29, 2019, May 28, 2019, and September 26, 2019 designation of new federal reference methods (FRMs) and federal equivalent methods (FEMs) for sulfur dioxide (SO2), O3, and carbon monoxide; the August 23, 2019 area reclassification for O3; the September 13, 2019 reconsideration of an area designation for the 2016 SO2 NAAQS; and the December 15, 2019 release of an update to USEPA’s List of Designated Referenc

On May 21, 2020, for public comment, the Board proposed amendments to its hazardous waste rules. The proposed amendments are “identical in substance” to federal rule amendments made by the United States Environmental Protection Agency (USEPA) during 2019 under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The USEPA actions considered were the February 22, 2019 Hazardous Waste Pharmaceuticals Rule and the December 9, 2019 Universal Waste Aerosol Cans Rule. The Board also included proposed corrections to its RCRA Subtitle C hazardous waste rules and RCRA Subtitle D municipal solid waste landfill (MSWLF) rules, many at the request of the Joint Committee on Administrative Rules and the Illinois Environmental Protection Agency.

On May 21, 2020, for Illinois Register publication, the Board proposed a first-notice rule that, when it becomes effective, will replace an emergency rule that took effect on April 17, 2020. The proposed rule—35 Ill. Adm. Code 604.1520 (“COVID-19 Emergency Provisions”)—would extend the period for cross connection control device inspectors (CCCDIs) to renew their 2020 CCCDI approvals. CCCDIs play an important role in protecting public health and welfare by helping to ensure that public water supplies are protected from connections to and contamination by unsafe sources of water.

On May 21, 2020, for public comment and hearing, the Board proposed rule amendments that keep Illinois’ definition of “volatile organic material” (VOM) “identical in substance” to the federal definition of “volatile organic compound” (VOC). The proposal reflects action taken by the United States Environmental Protection Agency (USEPA) on November 28, 2018, to exclude a new hydrofluoroolefin from the VOC definition. The Board therefore proposed expanding its exclusion from ozone regulation “due to negligible photochemical reactivity.” 415 ILCS 5/9.1(e) (2018). The Board also included proposed corrections to chemical names in the list of excluded compounds.

On April 16, 2020, the Board adopted amendments to Illinois’ primary drinking water regulations in 35 Ill. Adm. Code 611. The amendments are “identical in substance” to rule amendments adopted by the United States Environmental Protection Agency (USEPA) during the second half of 2018. Specifically, USEPA adopted approximately 100 new methods for demonstrating compliance with the National Primary Drinking Water Regulations. Most were updated methods appearing in the recent 23rd edition of Standard Methods for Examination of Water and Wastewater.

On April 16, 2020, the Board issued an opinion and order adopting an emergency rule that extended the period for cross connection control device inspectors (CCCDIs) to renew their annual CCCDI approvals. The Board received the emergency rulemaking proposal from the Illinois Environmental Protection Agency on April 10, 2020.

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.

On March 5, 2020, the Board proposed new and amended rules for first-notice publication in the Illinois Register. Specifically, the Board proposed a new Part 204 of its air pollution regulations to create a Prevention of Significant Deterioration (PSD) permitting program that would apply in Illinois instead of the federal PSD program. To accommodate PSD permit appeals, the proposal also would amend existing Parts 101 and 105 of the Board’s procedural rules. In addition, to conform to the new Part 204, the proposal would amend existing Parts 203, 211, and 215 of the Board’s air pollution regulations. See 44 Ill. Reg. 4316 (Mar. 20, 2020).

On January 16, 2020, the Board proposed new air monitoring rules for determining ambient levels of ethylene oxide (EtO) across Illinois (35 Ill. Adm. Code 249). Section 9.16(n) of the Environmental Protection Act (415 ILCS 5/9.16(n), added by P.A. 101-22, eff. June 21, 2019) requires the Illinois Environmental Protection Agency (IEPA) to both “conduct air testing to determine the ambient levels of [EtO] throughout the State” and, within a specified timeframe, “submit rules for ambient air testing of [EtO] to the Board.” IEPA filed this rulemaking proposal on December 17, 2019. Without commenting on the substantive merits of IEPA’s proposal, the Board proposed the rules for first-notice publication in the Illinois Register.

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