July 8, 2004 - The Illinois Pollution Control Board, on July 8, 2004, sent to first notice a proposal which would amend radium water quality standards. The Illinois Environmental Protection Agency (IEPA) filed the proposed rulemaking entitled Revisions To Radium Water Quality Standards: Proposed New 35 Ill. Adm. Code 302.307 and Amendments To 35 Ill. Adm. Code 302.207 and 302.525 on January 13, 2004. The proposal would change the general use and Lake Michigan water quality standards for radium from 1 picocurie per liter (pCi/L) to 5pCi/L and apply the proposed standards specifically to surface waters used for public and food processing water supplies.

May 6, 2004 - On May 6, 2004, the Illinois Pollution Control Board adopted amendments to the Board’s regulations used by the Illinois Environmental Protection Agency (IEPA) for issuing permits under the National Pollutant Discharge Elimination System (NPDES). The rulemaking, Proposed Amendments to: Public Participation Rules in 35 Ill. Adm. Code Part 309 NPDES Permits and Permitting Procedures (R03-19), was filed on January 13, 2003 by the Environmental Law and Policy Center of the Midwest, Illinois Chapter of the Sierra Club, Prairie Rivers Network, and 225 petitioners.

January 22, 2004 - The Illinois Pollution Control Board on January 22, 2004, adopted a final opinion and order in the rulemaking entitled Brownfields Site Restoration Program, Amendments to 35 Ill. Adm. Code 740, (R03-20). The Illinois Environmental Protection Agency (IEPA) filed this rulemaking to establish procedures and standards for administering the Brownfields Site Restoration Program (BSRP). A “brownfields” site is real property with “actual or perceived contamination and an active potential for redevelopment.” 415 ILCS 5/58.2 (2002).

March 4, 2004 - The Illinois Pollution Control Board will hold additional hearings in the rulemaking entitled Proposed New And Updated Rules For Measurement and Numerical Sound Emissions Standards Amendments to 35 Ill. Adm. Code 901 and 910, (R03-9). On March 4, 2004, the Board authorized two additional hearings in response to public comments during the first-notice period, and the Board will republish the proposal for first notice. The Board will hold the additional hearings so that companies seeking a site-specific change can fully participate and to allow the Illinois Association of Aggregate Producers the opportunity to testify.

December 2, 2004 - The Illinois Pollution Control Board is considering proposed amendments to the Board’s air rules relating to the Emissions Reduction Market System (ERMS). The Board on December 2, 2004, adopted for first-notice the rulemaking proposal entitled Amendments to 35 Ill. Adm. Code 205, Emissions Reduction Market System, and 35 Ill. Adm. Code 211 (R05-11). The Board did not comment on the merits of the proposal.

May 5, 2004 - The Illinois Pollution Control Board is considering a proposal to amend the Board’s rule establishing general use water quality standards for dissolved oxygen (35 Ill. Adm. Code 302.206). On April 19, 2004, the Illinois Association of Wastewater Agencies (IAWA) filed a rulemaking proposal entitled Proposed Amendments To Dissolved Oxygen Standard 35 Ill. Adm. Code 302.206, which the Board has docketed as R04-25.

January 22, 2004 - On January 22, 2004, the Illinois Pollution Control Board accepted a proposal for hearing which would amend the water quality standard for radium from 1 pico curie per liter (pCi/L) to 5pCi/L and change the standard’s applicability from general use to apply specifically to public and food processing water supplies. The Illinois Environmental Protection Agency (IEPA) filed the proposed rulemaking entitled Revisions To Radium Water Quality Standards: Proposed New 35 Ill. Adm. Code 302.307 and Amendments To 35 Ill. Adm. Code 302.207 and 302.525 on January 13, 2004. Radium is a naturally occurring radioactive metal that is commonly found in Illinois groundwater.

February 19, 2004 - On February 19, 2004, the Illinois Pollution Control Board sent to second notice a rulemaking proposal to amend the Board’s regulations used by the Illinois Environmental Protection Agency (IEPA) for issuing permits under the National Pollutant Discharge Elimination System (NPDES). The rulemaking, Proposed Amendments to: Public Participation Rules in 35 Ill. Adm. Code Part 309 NPDES Permits and Permitting Procedures (R03-19), was filed on January 13, 2003 by the Environmental Law and Policy Center of the Midwest, Illinois Chapter of the Sierra Club, Prairie Rivers Network, and 225 petitioners.

March 18, 2004 - The Illinois Pollution Control Board, on March 18, 2004, proposed first-notice amendments to its procedural rules to make the rules consistent with the new State Officials and Employees Ethics Act, as well as recent amendments to the Environmental Protection Act and Administrative Procedure Act. These rule changes are being addressed in docket R04-24, entitled Amendments to the Board’s Procedural Rules To Accommodate New Statutory Provisions: 35 Ill. Adm. Code 101-130.

December 2, 2004 - The Illinois Pollution Control Board, on December 2, 2004, proposed procedural rule amendments for second-notice review by the Joint Committee on Administrative Rules (JCAR). These rule changes are being addressed in docket R04-24, entitled Amendments to the Board’s Procedural Rules To Accommodate New Statutory Provisions: 35 Ill. Adm. Code 101-130. Upon final adoption, the proposed rules would reflect provisions of the new State Officials and Employees Ethics Act, and amendments to the Environmental Protection Act and the Administrative Procedure Act.

April 15, 2004 - Beginning May 3, 2004, the Illinois Pollution Control Board will begin a pilot project introducing electronic filing through its Clerk’s Office On-Line (COOL). The pilot project is optional and would enable you to file electronic documents with the Board in the following categories of cases: adjusted standards, administrative citations, enforcement, and variance cases. If you would like to take part in this pilot project, please notify John Therriault in our Clerk’s office at 312-814 3629. By offering an alternative to paper filing, the Board hopes to reduce costs while benefiting the environment by avoiding the expense and inconvenience of copying, delivering, and ultimately recycling paper filings.

June 3, 2004 - The Illinois Pollution Control Board on June 3, 2004 denied a motion from the Illinois Environmental Protection Agency (IEPA) to adopt emergency rules for the petroleum leaking underground storage tank program. The Illinois Administrative Procedure Act (APA) allows emergency rulemaking when a situation “reasonably constitutes a threat to the public interest, safety, or welfare.” After considering the Board’s recent history of emergency rulemaking, and appellate case law under the APA, the Board found no “emergency” existed under the APA. The Board will, however, expeditiously continue the regular rulemaking process for adoption of permanent rules.

November 4, 2004 - On November 4, 2004, without commenting on the merits of the proposal, the Illinois Pollution Control Board sent to first notice a proposed rulemaking to amend the Board’s rules governing the standards for universal waste management found at 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733. Specifically, the proposed rule would designate mercury switches, mercury relays, and scientific instruments and instructional equipment containing mercury added during their manufacture as universal waste.

July 3, 2004 - The Illinois Pollution Control Board is setting rulemaking hearings to consider new, proposed interim phosphorus effluent standard. On May 14, 2004, the Illinois Environmental Protection Agency (IEPA) proposed the phosphorus effluent standard to limit higher concentrations of phosphorus that may result in detrimental levels of plant and algae growth in waters of the state. Meanwhile, the IEPA and others develop scientific information to support a proposal for numeric water quality nutrient standards. The IEPA expects to file a nutrient standards rulemaking proposal with the Board in 2007.

December 16, 2004 - The Illinois Pollution Control Board, on December 16, 2004, accepted for hearing a proposal to set Escherichia coli (E-coli) bacterial water quality standards for Lake Michigan beaches and portions of the Mississippi River. The Illinois Environmental Protection Agency (IEPA) filed this rulemaking, Proposed Amendments to 35 Ill. Adm. Code 302 and 303, R05-10, on November 8, 2004.

January 13, 2004 - The Illinois Pollution Control Board is considering two proposals to amend the Board’s petroleum leaking underground storage tank rules. On January 13, 2004, the Illinois Environmental Protection Agency filed two rulemaking proposals entitled Proposed Amendments To: Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 732), R04-22 and Proposed Amendments To Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 734), R04-23. On January 22, 2004, the Board accepted these rulemakings for hearing and consolidated the two proposals for hearing.