Click here for the printable guidance document on the coal ash rulemaking.

Public Participation in the Coal Ash Rulemaking

Last year, Illinois passed the Coal Ash Pollution Prevention Act – SB9 – which put us on a path to having strong protections for coal ash in Illinois through a rulemaking on coal ash. This year, we’re working to make sure that hard-fought victory is secured. The Coal Ash Pollution Prevention Act is being translated into regulations in a process called a rulemaking. Everyone gets a voice in that rulemaking – environmental groups, the public, even the companies that own all the toxic coal ash.

The rulemaking hearing is three days – August 11th, 12th, and 13th starting at 9am each day – and it will include extensive expert testimony and questioning from lawyers. At this hearing, the Illinois EPA will testify in defense of their proposed coal ash rules; but Illinois can do better than what is being proposed.

Sign-Up to Speak on August 12th or 13th at the Hearing

The public participation will occur on August 12th from 5pm-7pm and August 13th from 12pm-1pm. The public participation section gives space for the public to make comment on the rulemaking (you won’t be asked any questions). Your voice can help shape the coal ash rules and demonstrates the real stakes of the issue.

Join the July 30 Training!

On Thursday, July 30th at 6pm, join PRN’s Andrew Rehn and other experts to learn about the proposed coal ash rules and how you can add your voice to the rulemaking. The proposed rules need to be improved. Illinois can do better. Click the button below to sign up and go to Facebook to ‘like’ our event.

Click Here to Sign-Up for the July 30th Training Webinar

Written Comment

You can also submit written comments via email until October 30th, and they are weighed equally to spoken comments. To submit written comments, write to Clerk of the Board Don Brown by email (don.brown@illinois.gov). If you have any issues or questions regarding submission of comments, Don has said you can call him at 312-814-3461, or you can ask Andrew Rehn with Prairie Rivers Network for help (arehn@prairierivers.org).

We still encourage you to sign up to attend the hearing virtually to just watch & listen, either for the public comment at the times above or for the opening of the hearing at 9am on August 11th. The public agencies should know that the people of Illinois are watching.

What is the Rulemaking?

The Coal Ash Rulemaking is the process by which the Illinois Pollution Control Board decides on the rules that Illinois EPA will follow for regulating coal ash. By law, the rules must follow guidelines set by the Coal Ash Pollution Prevention Act, but those guidelines alone will not make for a strong rule.

The Illinois Pollution Control Board is the rulemaking body. They are who we’re trying to convince. The Illinois EPA has proposed rules to the Board, but this is a starting point that will shape the conversation. The rule can change from here, and it is up to the Illinois Pollution Control Board to make the final decision. The Illinois EPA, industry, environmental groups, and the public are all participants in the rulemaking.

At the first hearing, we will hear from experts at Illinois EPA as they defend their proposed rule. They will be subject to questions from industry, environmental groups, and others. Additionally, we will hear from the public during public comment. The public will not be subject to questions.

Background

Learn more here.

Coal Ash – A Toxic Threat to Water and Health

• Coal ash is a waste byproduct of burning coal, and contains toxic metals that cause serious health problems, including cancer.
• Coal ash is stored on-site at power plants in coal ash impoundments, which are often referred to as “coal ash ponds” because they resemble man-made ponds filled with coal ash mixed with water.
• Coal ash is also stored in landfills or dumped as “fill” at power plant sites and elsewhere around the state.
• Illinois EPA identified 73 coal ash ponds at dozens of power plant sites across the state, nearly all of which are next to rivers and lakes. Groundwater at 22 of 24 coal ash sites tested in Illinois, including impoundments and landfills, had unsafe concentrations of toxic coal ash pollutants.
• Safe closure of coal ash impoundments is critically important to protecting human health, drinking water, and the environment.
• Where coal ash has already contaminated the land and water, clean-up of the contamination is a major issue facing Illinois. We need to stop further contamination AND cleanup the pollution already in our water.

Timeline

• Summer 2019 – The Coal Ash Pollution Prevention Act becomes law.
• Fall 2019 – Illinois EPA holds listening sessions across the state to develop their draft proposed rules.
• Winter 2019 – Illinois EPA releases first draft of proposed rules for comment.
• January 2020 – Illinois EPA holds stakeholder meeting in Springfield on draft proposed rules.
• March 2020 – Illinois EPA sends final proposed rules to Illinois Pollution Control Board, rulemaking begins.
• August 2020 – Illinois Pollution Control Board holds first hearing in coal ash rulemaking.
• September 2020 – Illinois Pollution Control Board holds second hearing in coal ash rulemaking.
• October 30th 2020 – IPCB will close the proceeding to deliberate internally on the rule.
• March 30th 2021 – Illinois Pollution Control Board must, by law, finalize the coal ash rules.