The Illinois Pollution Control Board proposed for first-notice publication in the Illinois Register new procedural rules that will lower costs for participants in Board cases and permit the Board to conduct business more effectively and efficiently. The changes proposed in docket R16-17 will place the Board’s proceedings on a digital platform, saving both time and money—not just for the Board itself, but also for companies, citizens, and other government agencies.

On November 5, 2015, the Board responded to public concerns regarding coal ash waste ponds at electric generating plants in Illinois. The Board denied the Illinois Environmental Protection Agency’s (IEPA) request to indefinitely delay consideration of proposed rules to regulate coal ash ponds. The Board also ordered the IEPA to answer specific questions regarding coal ash pond regulation, including the new USEPA regulations that became effective in October 2015.

On February 19, 2015, the Board adopted amended rules in Standards and Requirements for Potable Water Well Surveys and Community Relations Activities Performed in Conjunction with Agency Notices of Threats from Contamination: Proposed Amendments to 35 Ill. Adm. Code 1600, R-14-23.

On January 22, 2015, the Illinois Pollution Control Board adopted amendments to all parts of the Board’s procedural rules. The amendments accomplish two primary objectives. First, the rules codify procedural standards for remarks by members of the public at the Board’s open meetings in accordance with the Open Meetings Act. Second, these rules permit, with certain limited exceptions, electronic filing in all Board proceedings through the Board’s Clerk’s Office On-Line or “COOL,” as well as service by e-mail of most types of filings. The proposal also amends other sections of the procedural rules not directly or primarily relating to public remarks. In the final adoption order, the Board made only limited clarifying changes and technical corrections to its second-notice proposal.

On November 5, 2015, the Illinois Pollution Control Board adopted amendments to the Illinois regulations that are “identical-in-substance” to drinking water regulations adopted by the United States Environmental Protection Agency (USEPA). The rulemaking is docketed as R16-4, SDWA Update, USEPA Amendments (January 1, 2015 through June 30, 2015).

The Board, on February 5, 2015, adopted a first-notice opinion and order to amend the Board’s rules governing management of used and waste tires. The Illinois Environmental Protection Agency (IEPA) filed this rulemaking on December 22, 2014, and the Board accepted the proposed for hearing on January 8, 2015. The rulemaking is docketed as Management of Used and Waste Tires: Proposed Amendments to 35 Ill. Adm. Code 848, R15-19.

On October 15, 2015, the Board proposed amendments to the Board’s public water supply rules for first-notice publication in the Illinois Register. The rulemaking, initiated by the Illinois Environmental Protection Agency (IEPA), is docketed as Public Water Supplies: Proposed Amendments to 35 Ill. Adm. Code Parts 601, 602, and 603 (R15-22).

On January 22, 2015, the Board adopted a second-notice opinion and order in Standards and Requirements for Potable Water Well Surveys and Community Relations Activities Performed in Conjunction with Agency Notices of Threats from Contamination: Proposed Amendments to 35 Ill. Adm. Code 1600, R-14-23.

The Board, on June 4, 2015, adopted a second-notice opinion and order to amend the Board’s rules governing management of used and waste tires. The rulemaking is docketed as Management of Used and Waste Tires: Proposed Amendments to 35 Ill. Adm. Code 848, R15-19. The Illinois Environmental Protection Agency (Agency) filed this rulemaking proposal pursuant to Public Act 98-656, and the Board accepted the Agency’s proposal for hearing on January 8, 2015. On February 5, 2015, the Board sent the proposal to first notice publication without commenting on the merits.

In this “identical-in-substance” rulemaking, the Board on December 18, 2014, adopted updates to the Illinois hazardous waste regulations. Specifically, the updates relate to two sets of USEPA amendments to the federal hazardous waste requirements: (1) the February 7, 2014 modification to the hazardous waste manifest system to accommodate an Electronic Manifest Rule; and (2) the June 26, 2014 revisions to the cathode tube (CRT) rule to enhance tracking of used CRTs exported for reuse, reclamation, and recycling.

On June 18, 2015, the Board adopted a final 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).

On May 21, 2015, the Board adopted an order closing Water Quality Standards and Effluent Limitations for the Chicago Area Waterway System [CAWS] and Lower Des Plaines River [LDPR]: Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304, R08-9(E). Subdocket E is the portion of the CAWS/LDPR docket that deals with water quality standards for Bubbly Creek. This docket was opened in order to defer a decision on Bubbly Creek while the U.S. Army Corp of Engineers (USACE) completed an ecosystem restoration study. The Board took official notice of the USACE website, which, as of the date of the order, indicated that a draft feasibility study had been completed, and the report released to the public. After the close of the comment period on the completed report, the report will be finalized and potential congressional authorization may be sought. Since the Board retained water quality standards for Bubbly Creek in Subdocket D, and given the status of the USACE project, the Board closed this docket.

On August 6, 2015, the Board adopted an opinion and order in Proposed Amendments to Clean Construction or Demolition Debris (CCDD) Fill Operations: Proposed Amendments to 35 Ill. Adm. Code 1100, R12-9(B).

On September 17, 2015, the Board finalized rules that will reduce costs to Illinois community drinking water systems by at least $2.1 million per year, of which about $1 million will accrue to the City of Chicago. (Amendments To Primary Drinking Water Standards: 35 Ill. Adm. Code 611, R15-23)

On November 5, 2015, the Board adopted rules that will reduce costs to Illinois community drinking water systems by at least $2.1 million per year, of which about $1 million will accrue to the City of Chicago. (Amendments To Primary Drinking Water Standards: 35 Ill. Adm. Code 611, R15-23)

On April 16, 2015, the Board dismissed the rulemaking entitled Emergency Rulemaking Regarding Regulation of Coke/Coal Bulk Terminals; 35 Ill. Adm. Code Part 213, R14-20. On January 16, 2014, the Illinois Environmental Protection Agency (IEPA) filed a motion and proposal for emergency rulemaking applicable statewide to govern the handling of coal and coke, including petroleum coke (or “petcoke”), at bulk terminals and other specified facilities. The Board declined to proceed with an emergency rule on January 23, 2015, but kept the docket open for potential rulemaking. On April 10, 2015, the IEPA filed a status report indicating that IEPA had updated the new administration and considered the effect of the City of Chicago’s ordinance addressing petcoke operations in the City. Based on those considerations, IEPA reported that it did not intend to proceed with a rule and supported dismissal of the docket.

On May 21, 2015, the Board adopted an order in Water Quality Standards and Effluent Limitations for the Chicago Area Waterway System [CAWS] and Lower Des Plaines River [LDPR]: Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304, R08-9(D), which noted that the Board agreed with the Joint Committee on Administrative Rules (JCAR) to extend the second notice period. The Board and JCAR agreed to this extension to allow the Board to reopen public comment on the issue of temperature. The Board will allow participants to provide comment on temperature until June 1, 2015.

On December 17, 2015, the Board granted a request by Illinois Power Resources, LLC and AmerenEnergy Medina Valley Cogen, LLC to extend the stay of this site-specific rulemaking proceeding. (Site Specific Rule for the Closure of Ameren Energy Resources Coal Ash Ponds: Proposed New 35 Ill. Adm. Code 840, Subpart B, R13-19). Originally filed April 9, 2013, the proceeding proposed adoption of rules for the closure of approximately 16 coal combustion waste surface impoundments at eight coal-fired power plants owned by the proponents. The request for an extended stay states that proponents wish to review developments in Board docket R14-10, the Illinois Environmental Protection Agency’s subsequent proposal for generally-applicable rules. The Board extended the stay for 90 days, to March 16, 2016, and directed proponents to file a status report at the conclusion of the extension. The extended stay of this proceeding will expire shortly after the stay terminates in the general rulemaking (R14-10).

On May 7, 2015, the Board granted a motion by the Illinois Environmental Protection Agency (Agency) for a 90-day stay of R14-10, Coal Combustion Waste (CCW) Surface Impoundments at Power Generating Facilities: Proposed New 35 Ill. Adm. Code 841. The Board also directed the Agency to file a status report at the end of the stay.

On May 7, 2015, the Board adopted an order directing the Illinois Environmental Protection Agency (Agency) to submit additional information to the Board in R12-23(A), Concentrated Animal Feeding Operations (CAFOs): Amendments to 35 Ill. Adm. Code 501, 502, and 504.