June 2, 2005 - The Illinois Pollution Control Board adopted amendments to the Board’s air rules relating to the Emissions Reduction Market System (ERMS) at it’s June 2, 2005 meeting. The Board adopted the final opinion and order in the rulemaking entitled Amendments to 35 Ill. Adm. Code 205, Emissions Reduction Market System, and 35 Ill. Adm. Code 211 (R05-11), which outlines the amendments. ERMS is a cap and trade program that involves volatile organic material (VOM) emissions in the Chicago non-attainment area. The Board originally adopted the ERMS on November 20, 1997 and the United States Environmental Protection Agency (USEPA) approved the ERMS as part of the Illinois State Implementation Plan (SIP) for ozone effective November 21, 2001.

September 30, 2005 - The Illinois Pollution Control Board will consider proposed amendments to the Tiered Approach to Corrective Action Objectives (TACO). On September 30, 2005, the Illinois Environmental Protection Agency (IEPA) filed proposed amendments to the TACO rules, which are set forth in Part 742 of Title 35 of the Illinois Administrative Code (35 Ill. Adm. Code 742). On October 20, 2005, the Board accepted for hearing the IEPA’s proposal, docketed as In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill. Adm. Code 742)(R06-10).

May 19, 2005 - The Illinois Pollution Control Board, on May 19, 2005, adopted amendments to all ten Parts of its procedural rules. The Board amended the procedural rules to make them consistent with provisions of the new State Officials and Employees Ethics Act, and amendments to the Environmental Protection Act and the Administrative Procedure Act. The rule changes are discussed and set forth in the Board’s final opinion and order for rulemaking docket R04-24, Amendments to the Board’s Procedural Rules To Accommodate New Statutory Provisions: 35 Ill. Adm. Code 101-130.

May 5, 2005 - On May 5, 2005, the Illinois Pollution Control Board accepted for hearing the rulemaking proposal docketed as In the Matter of: Proposed Amendments to Exemptions From State Permitting Requirements for Plastic Injection Molding Operations (35 Ill. Adm. Code 201.146) (R05-20). The proposal by the Chemical Industry Council of Illinois (CICI) would add one category to the existing list of 59 permit exemptions in Section 201.146. CICI asserts the purpose of this rulemaking is to reduce the burden of state air permitting of low emitting units and activities. According to CICI, the proposed amendments will benefit both the Illinois Environmental Protection Agency (IEPA) and owners and operators of plastic injection molding processes.

June 2, 2005 - On June 2, 2005, the Illinois Pollution Control Board (Board) granted the city of Joliet’s (Joliet’s) motion to extend the second first-notice public comment period through August 15, 2005. On April 7, 2005, the Board proposed its own revised general use water quality standard for radium based on the testimony and comments the Board received since first-notice publication of the 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 (R04-21). Radium is a naturally occurring radioactive metal that is commonly found in Illinois groundwater.

November 17, 2005 - On November 17, 2005, the Illinois Pollution Control Board adopted amendments to its procedural rules to address recent amendments to the Environmental Protection Act (Act) (415 ILCS 5/1 et seq. (2004)). The amendments contained in the docket entitled In the Matter of: Amendments to the Procedural Rules -- “Pollution Control Facility” Definition Under P.A. 93-0998, P.A. 94-0094, and P.A. 94-0249 (35 Ill. Adm. Code 101.202 (R06-09), reflect three recent amendments to the definition of “pollution control facility.” The Board amendments are contained only in Section 101.202 of its procedural rules.

April 21, 2005 - For first-notice publication in the Illinois Register, the Illinois Pollution Control Board, on April 21, 2005, adopted an opinion and order proposing amendments designed to clarify, correct, streamline, and update numerous provisions of the Board’s air pollution control rules. The proposed amendments are contained in the consolidated rulemaking dockets R04-20, captioned In the Matter of: Clean-Up Part III Amendments To 35 Ill. Adm. Code Parts 211, 218, and 219, and R04-12, captioned In the Matter of: Technical Corrections to Formulas in 35 Ill. Adm. Code 214 “Sulfur Limitations”.

March 17, 2005 - On March 17, 2005, the Illinois Pollution Control Board accepted for hearing a proposed rulemaking to revise the Board’s air construction and operating permit regulations. On February 22, 2005, the Illinois Environmental Protection Agency and the Illinois Environmental Regulatory Group jointly filed this rulemaking docketed as Proposed Amendments To Exemptions From State Permitting Requirements (R05-19). The proponents state the proposal is designed to eliminate permitting delays for minor projects having little environmental or regulatory impact.

April 7, 2005 - On April 7, 2005, the Illinois Pollution Control Board proposed its own revised general use water quality standard for radium based on the testimony and comments the Board received since first-notice publication of the 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. Because of the extent of the changes to the first-notice proposal, the Board found it appropriate to publish the proposal for a second first-notice. At first notice, the Board adopted the proposal originally filed by the Illinois Environmental Protection Agency (IEPA) on January 13, 2003. Radium is a naturally occurring radioactive metal that is commonly found in Illinois groundwater.

December 15, 2005 - On December 15, 2005, the Illinois Pollution Control Board sent to second-notice the 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 which contains revised general use water quality standards for radium. Radium is a naturally occurring radioactive metal that is commonly found in Illinois groundwater.

March 17, 2005 - The Illinois Pollution Control Board, on March 17, 2005, sent to a second first notice the noise 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).

September 15, 2005 - On September 15, 2005, the Illinois Pollution Control Board sent to first-notice the rulemaking proposal docketed as In the Matter of: Proposed Amendments to Exemptions From State Permitting Requirements for Plastic Injection Molding Operations (35 Ill. Adm. Code 201.146) (R05-20). The proposal by the Chemical Industry Council of Illinois (CICI) would add one category to the existing list of 59 permit exemptions in Section 201.146. CICI asserts the purpose of this rulemaking is to reduce the burden of state air permitting of low emitting units and activities. According to CICI, the proposed amendments will benefit both the Illinois Environmental Protection Agency (IEPA) and owners and operators of plastic injection molding processes.

September 15, 2005 - The Illinois Pollution Control Board on September 15, 2005, sent to first-notice a proposed rulemaking to revise the Board’s air construction and operating permit regulations. On February 22, 2005, the Illinois Environmental Protection Agency and the Illinois Environmental Regulatory Group jointly filed this rulemaking docketed as Proposed Amendments To Exemptions From State Permitting Requirements (R05-19). The proponents state the proposal is designed to eliminate permitting delays for minor projects having little environmental or regulatory impact.

December 1, 2005 - On December 1, 2005, the Illinois Pollution Control Board sent to second notice two proposals amending the Board’s petroleum leaking underground storage tank rules, and opening a subdocket B in this rulemaking to address ongoing issues involving scopes of work and reimbursement for professional consulting services. 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 were originally proposed by the Illinois Environmental Protection Agency on January 13, 2004.

October 20, 2005 - On October 20, 2005, the Illinois Pollution Control Board sent to second-notice proposed amendments to its procedural rules to address recent amendments to the Environmental Protection Act (Act) (415 ILCS 5/1 et seq. (2004)). The proposed rules docketed as In the Matter of: Amendments to the Procedural Rules -- “Pollution Control Facility” Definition Under P.A. 93-0998, P.A. 94-0094, and P.A. 94-0249 (35 Ill. Adm. Code 101.202 (R06-09), reflect three recent amendments to the definition of “pollution control facility.” The Board proposes amendments only in Section 101.202 of its procedural rules.

August 4, 2005 - The Illinois Pollution Control Board proposes amendments to its procedural rules to address recent amendments to the Environmental Protection Act (Act) (415 ILCS 5/1 et seq. (2004)). On August 4, 2005, the Board opened the rulemaking docketed as In the Matter of: Amendments to the Procedural Rules -- “Pollution Control Facility” Definition Under P.A. 93-0998, P.A. 94-0094, and P.A. 94-0249 (35 Ill. Adm. Code 101.202 (R06-09), and sent it to first-notice publication in the Illinois Register. The proposed rules reflect three recent amendments to the definition of “pollution control facility.” The Board proposes amendments only in Section 101.202 of its procedural rules.

December 1, 2005 - The Illinois Pollution Control Board, on December 1, 2005, accepted for hearing proposed regulations concerning clean construction or demolition debris fill operations. In the Matter of: Clean Construction Demolition Debris Fill Operations Under P.A. 94-272 (35 Ill. Adm. Code Part 1100 (R06-19), which proposes adding a new Part 1100 to the Board’s regulations, was filed by the Illinois Environmental Protection Agency (IEPA) on November 21, 2005.

April 21, 2005 - On April 21, 2005, the Illinois Pollution Control Board adopted for second notice proposed amendments to the Board’s air rules relating to the Emissions Reduction Market System (ERMS). The rulemaking proposal is entitled Amendments to 35 Ill. Adm. Code 205, Emissions Reduction Market System, and 35 Ill. Adm. Code 211 (R05-11). ERMS is a cap and trade program that involves volatile organic material (VOM) emissions in the Chicago non-attainment area. The Board originally adopted the ERMS on November 20, 1997 and the United States Environmental Protection Agency (USEPA) approved the ERMS as part of the Illinois State Implementation Plan (SIP) for ozone effective November 21, 2001.

April 7, 2005 - On April 7, 2005, the Illinois Pollution Control Board adopted amendments to 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, docketed as In the Matter of: Mercury Wastes Under PA 93-0964: Amendments to Standards for Universal Waste Management (35 Ill. Adm. Code Parts 703, 720, 721, 724, 725, 728, and 733, (R05-8), would designate mercury switches, mercury relays, and scientific instruments and instructional equipment containing mercury added during their manufacture as universal waste.

April 7, 2005 - On April 7, 2005, the Illinois Pollution Control Board sent a proposed interim phosphorus effluent standard docket as In the Matter of: Interim Phosphorus Effluent Standard, Proposed New 35 Ill. Adm. Code 304.123(g-k) (R04-26) to first notice. 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 are in the process of developing 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.