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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