On May 12, 2022, the Board proposed non-substantive amendments to its public water supply rules for first-notice publication in the Illinois Register. These 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 The proposal will remove unnecessary language, replace outdated text, update statutory references, and otherwise clarify the rules.

On May 12, 2022, 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 first half of 2021: (1) USEPA designated one new federal reference method for sulfur dioxide and one new federal equivalent method for coarse particulate matter in ambient air; and (2) USEPA issued the Round 4 area designations under the 2010 primary NAAQS for sulfur dioxide, which had the effect of revoking the 1971 primary NAAQS for sulfur dioxide in all areas of Illinois effective April 30, 2022. Responding to the first USEPA action, the Board updated the incorporation by reference of the List of Designated Reference and Equivalent Methods. And responding to the second USEPA action, the Board removed the 1971 NAAQS for sulfur dioxide from the Illinois rules.

On May 12, 2022, the Board adopted amendments to keep Illinois’ wastewater pretreatment rules identical in substance to their federal counterpart. The amendments reflect action taken by the United States Environmental Protection Agency (USEPA) during the first half of 2021. Specifically, USEPA updated the analytical methods used to demonstrate compliance with requirements under the Clean Water Act. Folding USEPA’s action into the Illinois rules required updating the Board’s incorporation by reference of USEPA rules.

On April 21, 2022, the Board proposed non-substantive amendments to its atomic radiation rules for first-notice publication in the Illinois Register. This rulemaking is part of a larger undertaking to update the Board’s rules across multiple media and subject areas. After adopting a proposal for public comment and conducting two public hearings, the Board proposed these first-notice amendments to remove unnecessary language, replace outdated text, update statutory references, and otherwise clarify the rules.

On April 21, 2022, the Board proposed non-substantive amendments to its water pollution rules for first-notice publication in the Illinois Register. These 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 text, update statutory references, and reorganize provisions for clarity.

On March 3, 2022, the Board issued an order proposing first-notice rules on licensing drycleaning facilities, overseeing their environmental insurance coverage, and administering State fund reimbursement for the costs of cleaning up drycleaning solvent releases. This rulemaking was initiated by the Illinois Environmental Protection Agency (IEPA) to address amendments to the Drycleaner Environmental Response Trust (DERT) Fund Act. These statutory amendments transferred oversight and implementation of the DERT Fund from the DERT Fund Council to IEPA. After receiving IEPA’s rulemaking proposal, the Board held public hearings and received public comment.

In its rulemaking addressing coal combustion residual (CCR) surface impoundments, the Board opened a sub-docket to explore four separate issues in more detail: • Historic, unconsolidated coal ash fill in the State; The use of temporary storage piles of coal ash, including time and volume limits; • Fugitive dust monitoring plans for areas neighboring CCR surface impoundments; • The use of environmental justice screening tools. The Board solicited public comment on the four issues and received fourteen comments. One comment provided substantial information and proposed rule text on each of the four sub-docket issues. It was filed jointly filed by the Environmental Law & Policy Center, Little Village Environmental Justice Organization, Prairie Rivers Network, and Sierra Club (collectively Environmental Groups)

On February 17, 2022, 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).

On February 17, 2022, the Board proposed—for public comment—an amendment to Illinois’ wastewater pretreatment rules. The amendment will keep these rules “identical in substance” to those of the United States Environmental Protection Agency (USEPA). The Board’s rulemaking responds to a single USEPA action taken during the first half of 2021. On May 19, 2021, USEPA updated the methods for analyzing contaminants in wastewater, including for wastewater pretreatment. USEPA’s analytical methods are incorporated by reference in the Illinois wastewater pretreatment rules, and simply updating that incorporation by reference will complete Board rulemaking on USEPA’s action.

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 December 7, 2021, the Illinois Environmental Protection Agency (IEPA) filed a rulemaking proposal to update the Board’s groundwater quality regulations. IEPA seeks to 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). Specifically, IEPA states that its proposed rule changes are designed to keep Illinois’ standards “current as scientific data and methods supporting the development of groundwater quality standards have evolved.” Among other amendments, IEPA proposes location-specific Class III groundwater quality standards for six dedicated nature preserves, as well as groundwater quality standards for six Per- and Polyfluoroalkyl Substances or “PFAS.”

On December 16, 2021, the Board issued an order granting a “time-limited water quality standard” (TLWQS) to the Metropolitan Water Reclamation District of Greater Chicago (MWRD). A TLWQS is a form of temporary relief from a Board water quality standard. MWRD sought a dissolved oxygen TLWQS to account for discharges into the Chicago Area Waterways System (CAWS) from combined sewer overflow (CSO) outfalls. These CSO outfalls are associated with MWRD’s O’Brien, Calumet, and Stickney water reclamation plants. The TLWQS has a five-year term.

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.