On August 17, 2023, the Board issued an order proposing first-notice amendments that would make alternative emission limitations available during periods of startup, shutdown, breakdown, and malfunction.

On July 20, 2023, the Board adopted final amendments to its air pollution control rules. The amendments removed provisions that had allowed the Illinois Environmental Protection Agency (IEPA) to grant emission sources advance permission to continue operating during a malfunction or breakdown or violate emission standards during startup. Under those provisions, compliance with IEPA’s advance permission gave the source a “prima facie” defense to an enforcement action resulting from exceeding emission limits during a startup, malfunction, or breakdown. The United States Environment Protection Agency (USEPA) found the provisions inconsistent with the Clean Air Act.

On July 6, 2023, the Board adopted final rules for permitting, operating, and closing general construction or demolition debris (GCDD) recovery facilities. The rules create a new Part of the Board’s waste disposal rules, i.e., Part 820 of Title 35 of the Illinois Administrative Code.

On June 12, 2023, the American Petroleum Institute (API) filed a motion requesting that the Board (1) delay, until the sub-docket rulemaking (R23-18(A)) concludes, the effective date of the air pollution control amendments being considered in the main docket rulemaking (R23-18) for those seeking alternative standards in the sub-docket; (2) clarify that the effective date of the R23-18 final amendments would be stayed for anyone filing for an adjusted standard within 20 days after their effective date; (3) clarify that the effective date of the R23-18 final amendments would be stayed for anyone filing for a variance within 20 days after their effective date; and (4) expeditiously review, in the sub-docket, proposed alternative standards for startup, shutdown, and malfunction (SSM) events so that any sub-docket final rules would have the same effective date as the R23-18 final amendments.

On July 6, 2023, the Board proposed amendments to keep Illinois’ ambient air quality standards identical in substance to the National Ambient Air Quality Standards (NAAQS). The amendments reflect action taken by the United States Environmental Protection Agency (USEPA) during the second half of 2022. Specifically, USEPA updated its List of Designated Reference and Equivalent Methods to modify existing method designations and designated a new Federal Equivalent Method (FEM) for fine particulate matter (PM2.5) in ambient air. In addition, although it requires no Board action, the Board noted that on October 7, 2022, USEPA redesignated the Chicago area as moderate nonattainment under the 2015 eight-hour ozone NAAQS.

On May 4, 2023, the Board adopted non-substantive amendments to its public water supply rules, affecting nine of the ten parts of the Board’s Subtitle F rules, i.e., Parts 601 through 604, Part 611, and Parts 615 through 618 of Title 35 of the Illinois Administrative Code. The rulemaking is part of a larger undertaking by the Board to update its rules across multiple media and subjects. These amendments remove unnecessary language, replace outdated text, update statutory references, and reorganize provisions for clarity.

On June 1, 2023, the Board proposed—for public comment—amendments to Illinois’ primary drinking water regulations at 35 Ill. Adm. Code 611. The proposed amendments are “identical in substance” to rule amendments adopted by the United States Environmental Protection Agency (USEPA) during the second half of 2020 and the second half of 2021. Among its amendments, USEPA revised standards for lead in plumbing fixtures and plumbing materials, adopted the Lead and Copper Rule Revisions (LCRR), and approved new alternative test procedures (ATPs) for demonstrating compliance with the National Primary Drinking Water Regulations.

On June 1, 2023, the Board proposed—for public comment—amendments to Illinois’ primary drinking water regulations at 35 Ill. Adm. Code 611. The proposed amendments are “identical in substance” to rule amendments adopted by the United States Environmental Protection Agency (USEPA) during the second half of 2022. Specifically, on August 17, 2022, USEPA approved seven new alternative test procedures (ATPs) for demonstrating compliance with the National Primary Drinking Water Regulations.

On May 4, 2023, the Board adopted non-substantive amendments to its atomic radiation rules, affecting both Parts of the Board’s Subtitle I rules, i.e., Parts 1000 and 1010 of Title 35 of the Illinois Administrative Code. The rulemaking is part of a larger undertaking by the Board to update its rules across multiple media and subjects. These amendments remove unnecessary language, replace outdated text, update statutory references, and reorganize provisions for clarity.

On May 4, 2023, the Board proposed second-notice rules for permitting, operating, and closing general construction or demolition debris (GCDD) recovery facilities. At second notice, these proposed rules will be reviewed by the Joint Committee on Administrative Rules (JCAR).

On April 6, 2023, the Board adopted an opinion and order proposing amendments to its air pollution rules for second-notice review by the Joint Committee on Administrative Rules (JCAR). The amendments would remove provisions that allow the Illinois Environmental Protection Agency (IEPA) to grant emission sources advance permission to continue operating during a malfunction or violate emission standards during startup. Under these provisions, compliance with IEPA’s advance permission is a prima facie defense to an enforcement action. The United States Environment Protection Agency found these provisions to be inconsistent with the Clean Air Act.

On December 15, 2022, the Board accepted for hearing a rulemaking proposal filed by the Illinois Environmental Protection Agency (IEPA) under the “fast-track” provisions of Section 28.5 of the Environmental Protection Act. Section 28.5 requires the Board to meet expedited rulemaking deadlines when considering rules required by the Clean Air Act, as amended by the Clean Air Act Amendments of 1990 (CAAA). Without commenting on the substantive merits of IEPA’s proposal, the Board directed the Clerk to submit the proposal for first-notice publication in the Illinois Register. That publication took place on December 30, 2022.

On March 2, 2023, the Board proposed non-substantive amendments to its public water supply rules for second-notice review by the Joint Committee on Administrative Rules (JCAR). 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 2, 2023, the Board issued a final order adopting non-substantive amendments to its water pollution rules. These amendments affect all 11 Parts of the Board’s Subtitle C rules, i.e., Parts 301 through 310 and 312 of Title 35 of the Illinois Administrative Code. These amendments are part of a larger undertaking by the Board to update its rules across multiple media and subjects. The amendments remove unnecessary language, replace outdated text, update statutory references, and reorganize provisions for clarity.

On February 16, 2023, the Board proposed non-substantive amendments to its agriculture-related water pollution rules for first-notice publication in the Illinois Register. The Board proposed these first-notice amendments to remove unnecessary language, replace outdated text, update statutory references, and otherwise clarify the rules. This rulemaking is part of a larger undertaking to update the Board’s rules across multiple media and subject areas.

On March 2, 2023, the Board proposed non-substantive amendments to its atomic radiation rules for second-notice review by the Joint Committee on Administrative Rules (JCAR). This rulemaking is part of a larger undertaking to update the Board’s 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 January 19, 2023, the Board proposed non-substantive amendments to its water pollution rules for second-notice review by the Joint Committee on Administrative Rules (JCAR). 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 January 19, 2023, the Board proposed first-notice rules for permitting, operating, and closing general construction or demolition debris (GCDD) recovery facilities. This rulemaking began when the Illinois Environmental Protection Agency (IEPA) filed its proposal with the Board to comply with Public Act 102-310 (eff. Aug. 6, 2021). IEPA was required to—and did—propose GCDD recovery facility rules within one year after the Public Act’s effective date. Now, under that new law, the Board must adopt final rules by August 1, 2023, i.e., within one year after receiving IEPA’s proposal.

On January 5, 2023, the Board issued a final order adopting rules that address 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.

On May 26, 2022, the Board adopted amendments to its administrative rules at Part 2175 of Title 2 of the Illinois Administrative Code. 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 obtain information from the Board. These amendments reflect the new address of the Board’s Chicago office (60 E. Van Buren St., Suite 630, Chicago, Illinois 60605), as well as instructions for the public to access this location. Also among the amendments are additional directions for requesting information under the Freedom of Information Act (FOIA), including a new address for emailed FOIA requests.