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In Coal Ash Sub-Docket B, Board Adopts Final Amendments to Construction Permit Application Requirements Related to CCR Storage Units
On June 26, 2025, the Board issued a final opinion and order in sub-docket A of R20-19 (R20- 19(A)), adopting amendments to the Board’s Part 845 rules on coal combustion residual (CCR) surface impoundments (35 Ill. Adm. Code 845). The amendments, among other things, added obligations and restrictions on using CCR storage units during the closure of CCR surface impoundments. Relatedly, during the first-notice comment period in sub-docket A, the Illinois Environmental Protection Agency proposed that the Board amend Section 845.220 to require that construction permit applications include additional information concerning CCR storage units. However, because Section 845.220 was not included in sub-docket A’s proposed first-notice amendments, the Board opened a sub-docket B of R20-19 (R20-19(B)) to propose the corresponding changes to Section 845.220. In sub-docket B, the Board issued its first-notice opinion and order on May 15, 2025, and its second-notice opinion and order on August 7, 2025.
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Board Proposes “Identical-in-Substance” Amendments to Drinking Water Rules
On October 2, 2025, the Board proposed amendments to keep Illinois’ primary drinking water standards (35 Ill. Adm. Code 611) “identical in substance” to the National Primary Drinking Water Regulations (NPDWRs). The proposed amendments reflect six actions taken under the NPDWRs by the United States Environmental Protection Agency (USEPA) during 2024. Specifically, USEPA expedited approval of 93 alternative testing methods (ATMs) for analyzing contaminants in drinking water, added new regulations for six per- and poly-fluoroalkyl substances (PFAS), and updated the comprehensive Lead and Copper Rule
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Board Amends Universal Waste Rules to Add Paint and Paint-Related Waste
On August 21, 2025, the Board adopted final rules prescribing procedures and standards for managing hazardous waste “paint and paint-related waste” (PPRW) as universal waste. In all, the Board amended seven Parts of its rules: Parts 703, 720, 721, 724, 725, 728, and 733 (35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, 733).
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Board Amends Its Rules to Reflect New Address of IEPA’s Springfield Office
On March 10, 2025, the Illinois Environmental Protection Agency (IEPA) filed a proposal that would update 15 Parts of the Board’s rules to reflect the new address of IEPA’s Springfield office. On March 20, 2025, the Board accepted for hearing IEPA’s proposal and sent it to first notice without comment.
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Board Goes to Second Notice with Universal Waste Rules for Hazardous Waste Paints
On July 10, 2025, the Board proposed second-notice amendments to regulate hazardous waste “paint and paint-related waste” (PPRW) as a universal waste. In all, the Board proposes amendments to seven Parts of its rules: Parts 703, 720, 721, 724, 725, 728, and 733 (35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, 733).
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Board Goes to Second Notice with IEPA’s Address Change Amendments
On March 10, 2025, the Illinois Environmental Protection Agency (IEPA) filed a proposal that would amend 15 Parts of the Board’s rules to update the address of IEPA’s Springfield office, which recently moved to a new location. On March 20, 2025, the Board accepted for hearing IEPA’s proposal and sent it to first-notice publication in the Illinois Register without comment
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In Coal Ash Sub-Docket A, Board Adopts Final Amendments to Strengthen Rules on Temporary Storage Piles and Fugitive Dust Emissions
On August 22, 2024, the Board issued its first-notice opinion and order in this sub-docket A of R20-19 (R20-19(A)), proposing amendments to the Board’s rules on coal combustion residual (CCR) surface impoundments (35 Ill. Adm. Code 845). Specifically, the Board proposed adding obligations and restrictions on using CCR storage piles during the closure of CCR surface impoundments by CCR removal. In addition, the first-notice proposal included requirements for the Illinois Environmental Protection Agency (IEPA) to evaluate and act on public complaints over CCR fugitive dust. The proposal also added specifications for air quality monitoring at or near a facility’s property boundary, as well as provisions describing when the monitoring either may or must be imposed by IEPA on facility owners or operators.
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In Coal Ash Sub-Docket A, Board Proposes Second-Notice Amendments to Strengthen Rules on Temporary Storage Piles and Fugitive Dust Emissions
The Board opened this sub-docket A in R20-19 (R20-19(A)) to further explore four issues: (1) historic, unconsolidated fill of coal combustion residual (CCR), also known as “coal ash”; (2) the use of temporary storage piles of coal ash, including time and volume limits; (3) CCR fugitive dust monitoring plans for areas neighboring CCR surface impoundments; and (4) the use of environmental justice screening tools.
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Board Adopts Final NOx Emission Amendments
On April 17, 2025, the Board issued an opinion and order adopting final amendments to update its Part 217 air pollution rules (35 Ill. Adm. Code 217). This rulemaking was initiated when the Illinois Environmental Protection Agency (IEPA) filed its proposal to amend Part 217, at which time the Board granted IEPA’s motion for expedited review. The Board did so to avoid mandatory Clean Air Act sanctions against the State of Illinois by giving IEPA enough time to submit the final Part 217 amendments to the United States Environmental Protection Agency (USEPA) in a complete State Implementation Plan or “SIP.” The Board therefore proceeded to first notice without commenting on the substantive merits of IEPA’s proposal.
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Board Adopts Final Amendments to Non-Attainment New Source Review Rules and Other Air Pollution Rules
On April 17, 2025, the Board issued an opinion and order adopting final amendments to its air pollution rules on permitting for the construction and modification of major stationary sources in non-attainment areas. The amendments update 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. As adopted, the Project Emissions Accounting or “PEA” Rule is incorporated into the Board’s permitting rules on NA NSR and Prevention of Significant Deterioration or “PSD.”
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Board Proposes Second-Notice Amendments to Non-Attainment New Source Review Rules and Other Air Pollution Rules
On March 6, 2025, the Board issued an opinion and order proposing second-notice amendments to its air pollution rules on permitting for the construction and modification of major stationary sources in non-attainment areas. The amendments will update 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. As proposed, the Project Emissions Accounting or “PEA” Rule will be incorporated into the Board’s permitting rules on NA NSR and Prevention of Significant Deterioration or “PSD.”
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For First Notice, Board Proposes Universal Waste Rules for Hazardous Waste Paints
On March 20, 2025, the Board proposed first-notice rules concerning “paint and paint-related waste” (PPRW) that are hazardous waste. The rules would regulate hazardous waste PPRW as a universal waste. This rulemaking was initiated by the Illinois Environmental Protection Agency (IEPA) to comply with Public Act 103-887, which took effect on January 1, 2025.
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Board Proceeds to Second Notice with Proposed NOx Emission Amendments
On March 20, 2025, the Board issued an opinion and order proposing second-notice amendments to update its Part 217 air pollution rules (35 Ill. Adm. Code 217). The Board then submitted these amendments to the Joint Committee on Administrative Rules (JCAR) for its review. The amendments appear on JCAR’s April 8, 2025 meeting agenda
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Board Goes to First Notice with IEPA’s Address Change Amendments
On March 10, 2025, the Illinois Environmental Protection Agency (IEPA) filed a proposal to amend numerous Parts of the Board’s rules. The proposed amendments update the address of IEPA’s Springfield office, which recently moved to a new location.
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Board Adopts Final Amendments to Groundwater Quality Standards, Including for PFAS.
On March 20, 2025, the Board issued an opinion and order adopting final amendments to its groundwater quality rules at 35 Ill. Adm. Code 620. Before final adoption, the Board held three public hearings, admitted 33 hearing exhibits, received 81 public comments, and issued opinions and orders at first notice, proposed second notice, and second notice.
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Board Proposes Amendments to Groundwater Quality Rules for Second Notice and Opens Sub-Docket.pdf
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