On November 4, 2021, the Board issued an order adopting the first “time-limited water quality standard” (TLWQS) in Illinois. A TLWQS is a form of temporary relief from a water quality standard. The Board’s TLWQS authority was added to the Illinois Environmental Protection Act by Public Act 99-937, effective February 24, 2017. In turn, the Board adopted procedural rules—effective April 27, 2018—for conducting TLWQS proceedings. The Board may issue a TLWQS for a single discharger, multiple dischargers, a watershed, a water body, or a waterbody segment.

On June 17, 2021, the Board adopted amendments to Illinois’ wastewater pretreatment rules. The amendments keep these rules “identical in substance” to those of the United States Environmental Protection Agency (USEPA). The Board’s rulemaking responded to amendments adopted by USEPA during the second half of 2020, as detailed below. In addition, the Board included a few non-substantive corrections to base text that were not derived from USEPA actions.

On June 17, 2021, the Board proposed—for public comment—amendments to Illinois’ public water supply rules. These non-substantive amendments are part of a larger undertaking by the Board to update its rules across multiple media and subject areas. The proposed amendments will remove unnecessary language, replace outdated language, update statutory references, and reorganize provisions for clarity. The amendments include proposed changes from the Illinois Environmental Protection Agency to delete outdated provisions, appropriately match incorporations by reference, eliminate redundancies, and correct citations.

In its rulemaking addressing coal combustion residual (CCR) surface impoundments, the Board, on February 4, 2021, opened a sub-docket to further develop the record on four issues:

On April 15, 2021, the Board adopted a new Part 845 of its waste disposal regulations (35 Ill. Adm. Code 845), creating Illinois’ first Statewide standards for the disposal of coal combustion residuals (CCR) in surface impoundments. CCR, commonly called “coal ash,” is generated when coal is burned at power plants to produce electricity. By adopting Part 845, the Board fulfilled one of the primary objectives of the Coal Ash Pollution Prevention Act, which the General Assembly passed and Governor JB Pritzker signed into law as Public Act 101-171 (eff. July 30, 2019). The legislation recognized that CCR has caused groundwater contamination and other forms of pollution at active and inactive power plants throughout Illinois and that our environmental laws should be bolstered to ensure surface impoundments are consistently and responsibly regulated.

On March 18, 2021, the Board issued an order to notify participants that the second-notice period in the coal combustion residual (CCR) rulemaking had been extended at the request of the Joint Committee on Administrative Rules (JCAR).

On March 18, 2021, the Board issued an order accepting for hearing a rulemaking proposal filed by the Illinois Environmental Protection Agency (IEPA). The proposal would implement 2019 amendments to the Drycleaner Environmental Response Trust Fund Act or “DERT Fund Act” (415 ILCS 135). Those amendments (P.A. 101-400) transferred responsibilities from the Drycleaner Environmental Response Trust Fund Council (Council) to IEPA.

On March 4, 2021, the Board adopted amendments to Parts 211 and 219 of its air pollution regulations. The amended rules address volatile organic material (VOM) emissions from aerospace manufacturing and rework operations in the Metro East counties of Madison, Monroe, and St. Clair.

On March 18, 2021, the Board proposed—for public comment—amendments to Illinois’ wastewater pretreatment rules. The amendments will keep these rules “identical in substance” to those of the United States Environmental Protection Agency (USEPA). The Board’s rulemaking responds to two sets of amendments made by USEPA during the second half of 2020.

On February 4, 2021, the Board issued a second-notice opinion and order proposing new Part 845 of its waste disposal rules. The proposed rules will now be reviewed by the Joint Committee on Administrative Rules (JCAR). On the Board’s final adoption, the new rules will govern the disposal of coal combustion residuals or “CCR” in surface impoundments. CCR, commonly called “coal ash,” is generated by coal-fired power plants. Under the Environmental Protection Act, as amended by the Coal Ash Pollution Prevention Act (P.A. 101-171), the deadline for the Board to adopt final rules is March 31, 2021.

On January 21, 2021, the Board issued a final opinion and order adopting new Part 249 of its air pollution regulations. Part 249 requires the Illinois Environmental Protection Agency (IEPA) to monitor ambient air across Illinois for background levels of ethylene oxide (EtO). EtO is a flammable gas that has many uses, including sterilizing medical equipment. Under the adopted rules, IEPA must monitor for EtO in or around the locations of Northbrook, Schiller Park, Nilwood, Alton, and Bondville—where IEPA has monitoring stations. IEPA must monitor for six consecutive calendar months and place the air monitoring results on its website.

On January 21, 2021, the Board issued a second-notice opinion and order proposing amendments to Parts 211 and 219 of its air pollution regulations. The proposed amendments are tailored to address volatile organic material (VOM) emissions from aerospace manufacturing and rework operations in the Metro East counties of Madison, Monroe, and St. Clair.

On December 17, 2020, the Board adopted rule amendments to Illinois’ ambient air quality standards. The amendments keep these standards “identical in substance” to the National Ambient Air Quality Standards (NAAQS).

On December 3, 2020, the Board issued a final opinion and order amending its regulations on handling “potentially infectious medical waste” or “PIMW.” Specifically, the Board amended its definition of “Class 4 etiologic agent,” which bears on the definition of PIMW. The amendments add four viral agents to the “Class 4 etiologic agent” definition: Guanarito virus; Sabia; Ebola virus; and Equine Morbillivurs. The amendments also reflect non-substantive changes suggested by the Joint Committee on Administrative Rules.

On December 3, 2020, the Board adopted final amendments to its wastewater pretreatment rules at 35 Ill. Adm. Code 310. The amendments are “identical in substance” to actions taken during the first half of 2020 by the United States Environmental Protection Agency (USEPA). Specifically, on April 15, 2020, USEPA revised its National Pollutant Discharge Elimination System (NPDES) electronic reporting (eReporting) rule for municipal separate storm sewer systems (MS4s). Some accompanying revisions to more general aspects of the NPDES eReporting rule also affected reporting for the wastewater pretreatment program. The Board’s amendments incorporated those general reporting revisions into the Illinois rules.

On November 19, 2020, the Board issued a second-notice opinion and order proposing a new Part 249 of its air pollution rules. As proposed, Part 249 requires the Illinois Environmental Protection Agency (IEPA) to monitor ambient air across Illinois for background levels of ethylene oxide (EtO). EtO is a flammable gas that has many uses, including sterilizing medical equipment. Under the proposed rules, IEPA must monitor for EtO in or around the locations of Northbrook, Schiller Park, Nilwood, Alton, and Bondville—where IEPA has monitoring stations. IEPA must monitor for six consecutive calendar months and place the air monitoring results on its website.

On August 13, 2020, the Board adopted final amendments to its administrative rules (2 Ill. Adm. Code 2175) under Section 5-15 of the Illinois Administrative Procedure Act (5 ILCS 100/5-15). The administrative rules describe the Board’s organization, the types of Board proceedings, how to pay filing and copying fees, and how the public may access information from the Board. The amendments primarily address three areas.

On October 15, 2020, the Board accepted for hearing a rulemaking proposal to regulate volatile organic material (VOM) emissions from aerospace manufacturing and rework operations in the Metro East counties of Madison, Monroe, and St. Clair. The proposal was filed by the Illinois Environmental Protection Agency (IEPA).

On September 17, 2020, the Board proposed rule amendments to Illinois’ wastewater pretreatment standards. The amendments will keep these standards “identical in substance” to those of the United States Environmental Protection Agency (USEPA).

On September 17, 2020, the Board proposed rule amendments to Illinois’ ambient air quality standards. The amendments will keep these standards “identical in substance” to the National Ambient Air Quality Standards (NAAQS).