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  Document Board Adopts Alternative Thermal Effluent Limitations

February 20, 2014 - The Board, on February 20, 2014, adopted procedural rules for petitions requesting alternative thermal effluent limitations under the federal Clean Water Act (CWA). The Illinois Environmental Protection Agency filed the rulemaking with the Board on June 21, 2013. It was docketed as In the Matter of: Procedural Rules for Alternative Thermal Effluent Limitations Under Section 316(a) of the Clean Water Act: Proposed New 35 Ill. Adm. Code Part 106, Subpart K and Amended Section 304.141(c) (R13-20).

  Document Board Adopts Amendments to Administrative Rules

October 16, 2014 - The Board, on October 16, 2014, 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 access information. The rulemaking is docketed as: Amendments to the Board’s Administrative Rules 2 Ill. Adm. Code 2175 (R15-10).

  Document Board Adopts Amendments to Board’s CAFO Regulations

August 7, 2014 - On August 7, 2014, the Illinois Pollution Control Board adopted a final opinion and order to amend Parts 501, 502, and 504 of the Board’s agriculture related water pollution regulations. The Illinois Environmental Protection Agency (IEPA) initiated this rulemaking to make them consistent with, and as stringent as, the current federal CAFO regulations. The IEPA also sought to establish state technical standards required by the federal rule. This rulemaking was docketed at In the Matter of: Concentrated Animal Feeding Operations (CAFOs): Proposed Amendments to 35 Ill. Adm. Code Parts 501, 502, and 504.

  Document Board Adopts Amendments to Laboratory Certification for Analyzing Water

April 17, 2014 - On April 17, 2014, the Board adopted a final opinion and order amending the Illinois Primary Drinking Water Standards relating to certification of laboratories analyzing drinking water samples. Specifically, the amendments allow a drinking water supplier to use a laboratory certified by a sister state for a parameter where no United States Environmental Protection Agency (USEPA)-certified or Illinois-certified laboratory exists for that parameter. Previously, laboratories used had to be certified and approved either by the USPEA or the Illinois Environmental Protection Agency (IEPA).

  Document Board Adopts Aquatic Life Use Designations for the Chicago Area Waterways System and Lower Des Plaines River

February 6, 2014 - On February 6, 2014, the Pollution Control Board adopted a rule that designates aquatic life uses for the Chicago Area Waterways (CAWS) and the Lower Des Plaines River (LDPR). The Board adopted three aquatic life use designations and has developed definitions of those aquatic life use designations: CAWS Aquatic Life Use A, CAWS and Brandon Pool Aquatic Life USE (ALU) B, and Upper Dresden Island Pool (UDIP) Aquatic Life Use (ALU).

  Document Board Adopts First-Notice Opinion and Order In Rulemaking R14-023

On November 20, 2014, the Illinois Pollution Control Board adopted a first-notice opinion and order in this rulemaking initiated by IEPA. IEPA explained that recent legislative and rulemaking actions had created a gap between environmental media of concern that require notice, exposure routes identified in the Board’s Tiered Approach to Corrective Action Objectives (TACO) rules, and the Right-to-Know rules at Part 1600 (35 Ill. Adm. Code 1600). IEPA proposed requiring public notice if (1) measured offsite soil gas contamination from the site where the release occurred poses an exposure threat above the appropriate TACO Tier 1 remediation objectives; or (2) measured offsite groundwater contamination from volatile chemicals poses a threat of indoor inhalation exposure above the appropriate TACO Tier 1 remediation objectives.

  Document Board Adopts Rules to Reduce Lead Emissions in Two Nonattainment Areas

April 17, 2014 - On April 17, 2014, the Board adopted rules for the reduction of lead emissions in Standards and Limitations for Certain Sources of Lead. This rulemaking adds a new Part 226 to the Board’s air regulations. More specifically, the lead controls apply to facilities located in two areas in Illinois designated as nonattainment for the 2008 lead National Ambient Air Quality Standards (NAAQS): the Granite City, Madison County designated area, and the Chicago, Cook County designated area.

  Document Board Adopts Second Notice Proposal to Amend Board’s CAFO Regulations

April 17, 2014 - On April 17, 2014, the Illinois Pollution Control Board adopted a second-notice opinion and order to amend Parts 501, 502, and 504 of the Board’s agriculture related water pollution regulations and will submit them to the Joint Committee on Administrate Rules (JCAR) for review.

  Document Board Adopts Second Notice Proposal to Amend Laboratory Certification for Analyzing Water

March 6, 2014 - On March 6, 2014, the Board adopted a second-notice opinion and order to amend the Illinois Primary Drinking Water Standards relating to certification of laboratories analyzing drinking water samples. Specifically, the proposed amendments would allow a drinking water supplier to use a laboratory certified by a sister state for a parameter where no United States Environmental Protection Agency (USEPA)-certified or Illinois-certified laboratory exists for that parameter. Currently, laboratories used must be certified and approved either by the USPEA or the Illinois Environmental Protection Agency (IEPA). On September 19, 2013, the IEPA filed this rulemaking docketed as In the Matter of: Amendments to Primary Drinking Water Standards: 35 Ill. Adm. Code 611.490 (R14-9).

  Document Board Adopts Second Notice Proposal to Establish Alternative Thermal Effluent Limitations

January 23, 2014 - The Board, on January 23, 2014, adopted a second notice opinion and order in an Illinois Environmental Protection Agency (IEPA) rulemaking proposal to establish procedural rules for petitions requesting alternative thermal effluent limitations under the federal Clean Water Act (CWA). The proposal that was filed with the Board on June 21, 2013 was docketed as In the Matter of: Procedural Rules for Alternative Thermal Effluent Limitations Under Section 316(a) of the Clean Water Act: Proposed New 35 Ill. Adm. Code Part 106, Subpart K and Amended Section 304.141(c) (R13-20).

  Document Board Adopts Second-Notice Proposal to Amend Board’s Procedural Rules

On November 6, 2014, the Illinois Pollution Control Board adopted a second-notice opinion and order to amend all parts of the Board’s procedural rules and will submit them to the Joint Committee on Administrative Rules (JCAR) for review.

  Document Board Adopts Updates To The Illinois Regulations That Are “Identical In Substance” To The federal Resource Conservation and Recovery Act

On November 20, 2014, the Board adopted updates to “incorporations by reference” to the Illinois regulations that are “identical in substance” to the federal Resource Conservation and Recovery Act (RCRA) Subtitle D Municipal Solid Waste Landfill (MSWLF) regulations. The Part 810 amendments update incorporations of federal regulations by reference to the latest version of the Code of Federal Regulations. The amendments also add—to Part 810—incorporations by reference and add—to Appendix A to Part 814—the incorporation-by-reference language to the listing of federal provisions with which existing facilities are required to comply. The Board formerly omitted the incorporations by reference when adopting the Appendix A requirements in RCRA Subtitle D Amendments (Amendments to 35 Ill. Adm. Code 810, 811, and 814), R93-10 (Sep. 15, 1993).

  Document Board Closes CAFOs Subdocket A

On August 7, 2014, the Board adopted amendments to Parts 501, 502, and 504 of its pollution regulations related to livestock facilities. Concentrated Animal Feeding Operations (CAFOs): Proposed Amendments to 35 Ill. Adm. Code Parts 501, 502, and 504, R12-23; see 38 Ill. Reg. 17661, 17687, 17754 (Aug. 22, 2014). At first and second notice in R12-23, the Board proposed a Section 501.505 requiring specified CAFOs to submit certain information to Illinois Environmental Protection Agency (IEPA). In its review of the Board’s second-notice proposal, the Joint Committee on Administrative Rules indicated that IEPA may already collect the information sought under proposed Section 501.505. In its final opinion and order adopting amended regulations in R12-23, the Board did not adopt Section 501.505 but opened subdocket (A) for further consideration of the issue.

  Document Board Extends Deadlines in CAFO Subdocket (A) Rulemaking

On November 6, 2014, the Board granted a motion by the Illinois Environmental Protection Agency (Agency) to extend deadlines in R12-23(A), Concentrated Animal Feeding Operations (CAFOs): Proposed Amendments to 35 Ill. Adm. Code 501, 502, and 504. The Board opened this subdocket (A) to consider submission of specified information to the Agency by certain CAFOs. On October 2, 2014, the Board set deadlines for the Agency to file comments and for any response by other participants. By granting the Agency’s motion, the Board extended the Agency’s comment deadline to December 3, 2014, and the response deadline to February 3, 2014.

  Document Board Grants an Additional Stay of Rulemaking Process for Coke/Coal Bulk Terminals

The Board, on July 10, 2014, granted the Illinois Environmental Protection Agency’s (IEPA) request for a second stay to the proceedings docketed as In the Matter of: Emergency Rulemaking Regarding Regulation of Coke/Coal Bulk Terminals: New 35 Ill. Adm. Code 213 (R14-20). The IEPA, on January 16, 2014, filed the emergency rulemaking that would have imposed additional Statewide requirements on the handling of coke and coal, including petroleum coke or “petcoke,” at bulk terminals and other specified facilities. The Board, on January 23, 2014, declined to adopt the proposed emergency rule that would have required numerous immediate measures, including road paving; dust suppression systems; setbacks, containment of stormwater; and disposal of any coke or coal that has been on-site for more than one year. However, the Board agreed to proceed with the proposal as a general rulemaking.

  Document Board Grants Stay of Rulemaking Process for Coke/Coal Bulk Terminals

March 20, 2014 - On March 20, 2014, the Board granted the Illinois Environmental Protection Agency’s (IEPA) request to stay the proceedings docketed as In the Matter of: Emergency Rulemaking Regarding Regulation of Coke/Coal Bulk Terminals: New 35 Ill. Adm. Code 213 (R14-20). The IEPA, on January 16, 2014, filed the emergency rulemaking that would have imposed additional Statewide requirements on the handling of coke and coal, including petroleum coke or “petcoke,” at bulk terminals and other specified facilities. With its proposed emergency rules, IEPA sought to require numerous immediate measures, including road paving; dust suppression systems; setbacks, containment of stormwater; and disposal of any coke or coal that has been on-site for more than one year.

  Document Board Proposes Amendments to Procedural Rules to Allow Electronic Filing

On June 5, 2014, the Board adopted proposed procedural rule amendments for first notice publication that will permit electronic filing in all Board proceedings and service by e-mail of most types of filing, and will codify procedural standards for public remarks at the Board’s open meetings in accordance with the Open Meetings Act. Additionally, the Board proposes changes to filing requirements for rulemaking proposals that include material proposed for incorporation by reference and amending procedural rules for tax certification proceedings to more closely conform with statutory requirements.

  Document Board Proposes Water Quality Standards in the Chicago Area Waterways System and Lower Des Plaines River Subdocket D

On September 18, 2014, the Board adopted a first notice opinion and order for proposed water quality standards for the Chicago Area Waterway System (CAWS) and Lower Des Plaines River (LDPR) that are necessary to meet the aquatic life uses for those waterways. The proposal is docketed as In the Matter of: Water Quality Standards and Effluent Limitations for the Chicago Area Waterway system and Lower Des Plaines River: Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304, R08-9(D).

  Document Board Rejects Emergency Rules for Coke/Coal Bulk Terminals

January 23, 2014 - The Board, on January 23, 2014, rejected proposed emergency rules that would have imposed additional Statewide requirements on the handling of coke and coal, including petroleum coke or “petcoke,” at bulk terminals and other specified facilities. The Illinois Environmental Protection Agency (IEPA), on January 16, 2014, filed the emergency rulemaking, docketed as In the Matter of: Emergency Rulemaking Regarding Regulation of Coke/Coal Bulk Terminals: New 35 Ill. Adm. Code 213 (R14-20). With its proposed emergency rules, IEPA sought to require numerous immediate measures, including road paving; dust suppression systems; setbacks, containment of stormwater; and disposal of any coke or coal that has been on-site for more than one year.

  Document Board Seeks Comments Proposed Water Quality Standards in the Chicago Area Waterways System and Lower Des Plaines River Subdocket D

March 6, 2014 - The Pollution Control Board is seeking comments on the proposed water quality standards and criteria to meet aquatic life uses for the Chicago Area Waterway System (CAWS) that were adopted by the Board. On March 6, 2014, the Board declined the Illinois Environmental Protection Agency’s request to open a subdocket in this rulemaking to address the water quality standards for chlorides in the CAWS. The IEPA indicated that it was prepared to proceed in Subdocket D except for the chloride standard, because IEPA needs more time to work on the chloride standards with several participants and the United States Environmental Protection Agency.

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