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2014
ILLINOIS
REGISTER
RULES
Rules of
OF GOVERNMENTAL
Governmental Agencies
AGENCIES
Volume 38, Issue 47
November 21, 2014
Pages 21,513 - 22,010
Index Department
Index
Department
Administrative
Code Division
Administrative
Code
111 E. Monroe
St. Division
111
E. Monroe
Springfield,
ILSt.
62756
Springfield,
IL
62756
217-782-7017
217-782-7017
www.cyberdriveillinois.com
Printed on recycled paper
Printed by authority of the State of Illinois. November — 90
PUBLISHED BY JESSE WHITE • SECRETARY OF STATE
TABLE OF CONTENTS
November 21, 2014 Volume 38, Issue 47
PROPOSED RULES
POLLUTION CONTROL BOARD
Primary Drinking Water Standards
35 Ill. Adm. Code 611............................................................................21513
PUBLIC HEALTH, DEPARTMENT OF
Control of Communicable Diseases Code
77 Ill. Adm. Code 690............................................................................21756
REVENUE, DEPARTMENT OF
Income Tax
86 Ill. Adm. Code 100............................................................................21758
ADOPTED RULES
ILLINOIS EMERGENCY MANAGEMENT AGENCY
Emergency and Written Notification of an Incident or Accident Involving a
Reportable Hazardous Material or Extremely Hazardous Substance
29 Ill. Adm. Code 430............................................................................21779
STATE BOARD OF EDUCATION, ILLINOIS
Educator Licensure
23 Ill. Adm. Code 25…..........................................................................21788
Dismissal of Tenured Teachers under Article 24 and Dismissal of Tenured
Teachers and Principals under Article 34 of the School Code
23 Ill. Adm. Code 51…..........................................................................21906
Charter Schools
23 Ill. Adm. Code 650............................................................................21916
EMERGENCY RULES
PUBLIC HEALTH, DEPARTMENT OF
Control of Communicable Diseases Code
77 Ill. Adm. Code 690............................................................................21954
APPROVAL OF EXPEDITED CORRECTION
REVENUE, DEPARTMENT OF
Regional Transportation Authority Retailers' Occupation Tax
86 Ill. Adm. Code 320............................................................................21976
Salem Civic Center Retailers' Occupation Tax
86 Ill. Adm. Code 690............................................................................21987
Non-Home Rule Municipal Retailers' Occupation Tax
86 Ill. Adm. Code 693............................................................................21998
AGENCY RESPONSE TO JOINT COMMITTEE RECOMMENDATION TO
PROPOSED RULEMAKING
STATE BOARD OF EDUCATION, ILLINOIS
Charter Schools
23 Ill. Adm. Code 650............................................................................22009
i
SECOND NOTICES RECEIVED
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Second Notices Received……….................................................................22010
ii
INTRODUCTION
The Illinois Register is the official state document for publishing public notice of rulemaking
activity initiated by State governmental agencies. The table of contents is arranged categorically
by rulemaking activity and alphabetically by agency within each category.
Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of
existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and
Proclamations issued by the Governor; notices of public information required by State Statute; and
activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint
Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the
rulemaking activities of State Agencies; is also published in the Register.
The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules
adopted by State agencies). The most recent edition of the Code, along with the Register, comprise
the most current accounting of State agencies’ rulemakings.
The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois
Administrative Procedure Act [5 ILCS 100/1-1, et seq.].
ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2014
Issue#
1
2
3
4
5
6
7
8
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10
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Rules Due Date
December 23, 2013
December 30, 2013
January 6, 2014
January 13, 2014
January 21, 2014
January 27, 2014
February 3, 2014
February 10, 2014
February 18, 2014
February 24, 2014
March 3, 2014
March 10, 2014
March 17, 2014
March 24, 2014
March 31, 2014
April 7, 2014
April 14, 2014
Date of Issue
January 3, 2014
January 10, 2013
January 17, 2014
January 24, 2014
January 31, 2014
February 7, 2014
February 14, 2014
February 21, 2014
February 28, 2014
March 7, 2014
March 14, 2014
March 21, 2014
March 28, 2014
April 4, 2014
April 11, 2014
April 18, 2014
April 25, 2014
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April 21, 2014
April 28, 2014
May 5, 2014
May 12, 2014
May 19, 2014
May 27, 2014
June 2, 2014
June 9, 2014
June 16, 2014
June 23, 2014
June 30, 2014
July 7, 2014
July 14, 2014
July 21, 2014
July 28, 2014
August 4, 2014
August 11, 2014
August 18, 2014
August 25, 2014
September 2, 2014
September 8, 2014
September 15, 2014
September 22, 2014
September 29, 2014
October 6, 2014
October 14, 2014
October 20, 2014
October 27, 2014
November 3, 2014
November 10, 2014
November 17, 2014
November 24, 2014
December 1, 2014
December 8, 2014
December 15, 2014
May 2, 2014
May 9, 2014
May 16, 2014
May 23, 2014
May 30, 2014
June 6, 2014
June 13, 2014
June 20, 2014
June 27, 2014
July 7, 2014
July 11, 2014
July 18, 2014
July 25, 2014
August 1, 2014
August 8, 2014
August 15, 2014
August 22, 2014
August 29, 2014
September 5, 2014
September 12, 2014
September 19, 2014
September 26, 2014
October 3, 2014
October 10, 2014
October 17, 2014
October 24, 2014
October 31, 2014
November 7, 2014
November 14, 2014
November 21, 2014
December 1, 2014
December 5, 2014
December 12, 2014
December 19, 2014
December 26, 2014
Editor's Note: The Secretary of State Index Department is providing this opportunity to remind
you that the next filing period for your Regulatory Agenda will occur from October 15, 2014
until January 2, 2015.
iv
ILLINOIS REGISTER
21513
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part: Primary Drinking Water Standards
2)
Code citation: 35 Ill. Adm. Code 611
3)
Section Numbers:
611.102
611.381
611.526
611.531
611.600
611.611
611.612
611.645
611.742
611.802
611.883
611.884
611.901
611.907
611.953
611.955
611.956
611.1004
611.1052
611.1055
611.1061
611.APPENDIX G
4)
Statutory Authority: 415 ILCS 5/7.2, 17, 17.5, and 27
5)
A Complete Description of the Subjects and Issues Involved: The following briefly
describes the subjects and issues involved in the docket R15-6 rulemaking of which the
amendments to Part 611 are a single segment. Also affected is 35 Ill. Adm. Code 611,
which is covered by a separate notice in this issue of the Illinois Register. A
comprehensive description is contained in the Board's opinion and order of November 20,
2014, proposing amendments in docket R15-6, which opinion and order is available from
the address below.
Proposed Action:
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
ILLINOIS REGISTER
21514
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
This proceeding updates the Illinois Safe Drinking Water Act (SDWA) rules to
correspond with amendments adopted by the United States Environmental Protection
Agency (USEPA) that appeared in the Federal Register during a single update period.
The docket and time period that is involved in this proceeding is the following:
R15-6
Federal SDWA amendments that occurred during the period January 1,
2014 through June 30, 2014.
The R15-6 docket amends rules in Parts 611. The following table briefly summarizes the
federal actions in the update period:
February 26, 2014
(79 Fed. Reg. 10665)
USEPA adopted minor corrections to the Revised
the Total Coliform Rule.
June 19, 2014
(79 Fed. Reg. 35801)
USEPA approved 21 alternative equivalent
analytical methods for analyzing a variety of
physical parameters and chemical and
microbiological contaminants to demonstrate
compliance with the drinking water standards.
June 27, 2014
(79 Fed. Reg. 36428)
USEPA corrected errors in the June 19, 2014
summary approval of alternative equivalent
methods.
A comprehensive description of the proposed amendments is contained in the Board's
opinion and order of November 20, 2014, proposing amendments in docket R15-6, which
opinion and order is available from the address below. The Board has included a limited
number of corrections and clarifying amendments that are not directly derived from the
instant federal amendments.
Tables appear in the Board's opinion and order of November 20, 2014 in docket R15-6
that list numerous corrections and amendments that are not based on current federal
amendments. The tables contain deviations from the literal text of the federal
amendments underlying these amendments, as well as corrections and clarifications that
the Board made in the base text involved. Persons interested in the details of those
corrections and amendments should refer to the November 20, 2014 opinion and order in
docket R15-6.
Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5] provides that
Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to
this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is
ILLINOIS REGISTER
21515
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
not subject to First Notice or to Second Notice review by the Joint Committee on
Administrative Rules (JCAR).
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7)
Will this rulemaking replace an emergency rule currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? Yes
10)
Statement of Statewide Policy Objectives: These proposed amendments do not create or
enlarge a State mandate, as defined in Section 3(b) of the State Mandates Act. [30 ILCS
805/3(b) (2012)]
11)
Are there any other rulemakings pending on this Part? No
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking: The Board will accept written public comment on this proposal for a period
of 45 days after the date of this publication. Comments should reference docket R15-6
and be addressed to:
John T. Therriault, Clerk
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 W. Randolph St.
Chicago IL 60601
Please direct inquiries to the following person and reference docket R15-6:
Michael J. McCambridge
Staff Attorney
Illinois Pollution Control Board
100 W. Randolph 11-500
Chicago IL 60601
312/814-6924
e-mail: [email protected]
ILLINOIS REGISTER
21516
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Request copies of the Board's opinion and order at 312/814-3620, or download a copy
from the Board's Website at http:\\www.ipcb.state.il.us.
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities, and not-for-profit corporations
affected: This rulemaking may affect those small businesses, small
municipalities, and not-for-profit corporations that own or operate a public water
supply. These proposed amendments do not create or enlarge a State mandate, as
defined in Section 3(b) of the State Mandates Act. [30 ILCS 805/3(b) (2012)]
B)
Reporting, bookkeeping or other procedures required for compliance: The
existing rules and proposed amendments require extensive reporting, bookkeeping
and other procedures, including the preparation of reports, water analyses, and
maintenance of operating records. These proposed amendments do not create or
enlarge a State mandate, as defined in Section 3(b) of the State Mandates Act.
[30 ILCS 805/3(b) (2012)]
C)
Types of professional skills necessary for compliance: Compliance with the
existing rules and proposed amendments may require the services of an attorney,
certified public accountant, chemist, and registered professional engineer. These
proposed amendments do not create or enlarge a State mandate, as defined in
Section 3(b) of the State Mandates Act. [30 ILCS 805/3(b) (2012)]
Regulatory Agenda on which this rulemaking was summarized: 38 Ill. Reg. 13977;
14000-02 (July 7, 2014)
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 611
PRIMARY DRINKING WATER STANDARDS
SUBPART A: GENERAL
Section
611.100
611.101
611.102
611.103
611.105
611.107
611.108
611.109
611.110
611.111
611.112
611.113
611.114
611.115
611.120
611.121
611.125
611.126
611.130
611.131
611.160
611.161
Purpose, Scope, and Applicability
Definitions
Incorporations by Reference
Severability
Electronic Reporting
Agency Inspection of PWS Facilities
Delegation to Local Government
Enforcement
Special Exception Permits
Relief Equivalent to SDWA Section 1415(a) Variances
Relief Equivalent to SDWA Section 1416 Exemptions
Alternative Treatment Techniques
Siting Requirements
Source Water Quantity
Effective Dates
Maximum Contaminant Levels and Finished Water Quality
Fluoridation Requirement
Prohibition on Use of Lead
Special Requirements for Certain Variances and Adjusted Standards
Relief Equivalent to SDWA Section 1415(e) Small System Variance
Composite Correction Program
Case-by-Case Reduced Subpart Y Monitoring for Wholesale and Consecutive
Systems
SUBPART B: FILTRATION AND DISINFECTION
Section
611.201
611.202
Requiring a Demonstration
Procedures for Agency Determinations
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
611.211
611.212
611.213
611.220
611.230
611.231
611.232
611.233
611.240
611.241
611.242
611.250
611.261
611.262
611.271
611.272
611.276
Filtration Required
Groundwater under Direct Influence of Surface Water
No Method of HPC Analysis
General Requirements
Filtration Effective Dates
Source Water Quality Conditions
Site-Specific Conditions
Treatment Technique Violations
Disinfection
Unfiltered PWSs
Filtered PWSs
Filtration
Unfiltered PWSs: Reporting and Recordkeeping
Filtered PWSs: Reporting and Recordkeeping
Protection during Repair Work
Disinfection Following Repair
Recycle Provisions
SUBPART C: USE OF NON-CENTRALIZED TREATMENT DEVICES
Section
611.280
611.290
Point-of-Entry Devices
Use of Point-of-Use Devices or Bottled Water
SUBPART D: TREATMENT TECHNIQUES
Section
611.295
611.296
611.297
General Requirements
Acrylamide and Epichlorohydrin
Corrosion Control
SUBPART F: MAXIMUM CONTAMINANT LEVELS (MCLs) AND
MAXIMUM RESIDUAL DISINFECTANT LEVELS (MRDLs)
Section
611.300
611.301
611.310
Old MCLs for Inorganic Chemical Contaminants
Revised MCLs for Inorganic Chemical Contaminants
State-Only Maximum Contaminant Levels (MCLs) for Organic Chemical
Contaminants
21518
14
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
611.311
611.312
611.313
611.320
611.325
611.330
611.331
Revised MCLs for Organic Chemical Contaminants
Maximum Contaminant Levels (MCLs) for Disinfection Byproducts (DBPs)
Maximum Residual Disinfectant Levels (MRDLs)
Turbidity (Repealed)
Microbiological Contaminants
Maximum Contaminant Levels for Radionuclides
Beta Particle and Photon Radioactivity (Repealed)
SUBPART G: LEAD AND COPPER
Section
611.350
611.351
611.352
611.353
611.354
611.355
611.356
611.357
611.358
611.359
611.360
611.361
General Requirements
Applicability of Corrosion Control
Corrosion Control Treatment
Source Water Treatment
Lead Service Line Replacement
Public Education and Supplemental Monitoring
Tap Water Monitoring for Lead and Copper
Monitoring for Water Quality Parameters
Monitoring for Lead and Copper in Source Water
Analytical Methods
Reporting
Recordkeeping
SUBPART I: DISINFECTANT RESIDUALS, DISINFECTION BYPRODUCTS,
AND DISINFECTION BYPRODUCT PRECURSORS
Section
611.380
611.381
611.382
611.383
611.384
611.385
General Requirements
Analytical Requirements
Monitoring Requirements
Compliance Requirements
Reporting and Recordkeeping Requirements
Treatment Technique for Control of Disinfection Byproduct (DBP) Precursors
SUBPART K: GENERAL MONITORING AND ANALYTICAL REQUIREMENTS
Section
611.480
Alternative Analytical Techniques
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
611.490
611.491
611.500
611.510
Certified Laboratories
Laboratory Testing Equipment
Consecutive PWSs
Special Monitoring for Unregulated Contaminants (Repealed)
SUBPART L: MICROBIOLOGICAL MONITORING
AND ANALYTICAL REQUIREMENTS
Section
611.521
611.522
611.523
611.524
611.525
611.526
611.527
611.528
611.531
611.532
611.533
Routine Coliform Monitoring
Repeat Coliform Monitoring
Invalidation of Total Coliform Samples
Sanitary Surveys
Fecal Coliform and E. Coli Testing
Analytical Methodology
Response to Violation
Transition from Subpart L to Subpart AA Requirements
Analytical Requirements
Unfiltered PWSs
Filtered PWSs
SUBPART M: TURBIDITY MONITORING AND ANALYTICAL REQUIREMENTS
Section
611.560
Turbidity
SUBPART N: INORGANIC MONITORING AND ANALYTICAL REQUIREMENTS
Section
611.591
611.592
611.600
611.601
611.602
611.603
611.604
611.605
611.606
611.607
Violation of a State MCL
Frequency of State Monitoring
Applicability
Monitoring Frequency
Asbestos Monitoring Frequency
Inorganic Monitoring Frequency
Nitrate Monitoring
Nitrite Monitoring
Confirmation Samples
More Frequent Monitoring and Confirmation Sampling
ILLINOIS REGISTER
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14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
611.608
611.609
611.610
611.611
611.612
611.630
611.631
Additional Optional Monitoring
Determining Compliance
Inorganic Monitoring Times
Inorganic Analysis
Monitoring Requirements for Old Inorganic MCLs
Special Monitoring for Sodium
Special Monitoring for Inorganic Chemicals (Repealed)
SUBPART O: ORGANIC MONITORING AND ANALYTICAL REQUIREMENTS
Section
611.640
611.641
611.645
611.646
611.647
611.648
611.650
611.657
611.658
Definitions
Old MCLs
Analytical Methods for Organic Chemical Contaminants
Phase I, Phase II, and Phase V Volatile Organic Contaminants
Sampling for Phase I Volatile Organic Contaminants (Repealed)
Phase II, Phase IIB, and Phase V Synthetic Organic Contaminants
Monitoring for 36 Contaminants (Repealed)
Analytical Methods for 36 Contaminants (Repealed)
Special Monitoring for Organic Chemicals (Repealed)
SUBPART P: THM MONITORING AND ANALYTICAL REQUIREMENTS
Section
611.680
611.683
611.684
611.685
611.686
611.687
611.688
Sampling, Analytical, and other Requirements (Repealed)
Reduced Monitoring Frequency (Repealed)
Averaging (Repealed)
Analytical Methods (Repealed)
Modification to System (Repealed)
Sampling for THM Potential (Repealed)
Applicability Dates (Repealed)
SUBPART Q: RADIOLOGICAL MONITORING AND ANALYTICAL REQUIREMENTS
Section
611.720
611.731
611.732
611.733
Analytical Methods
Gross Alpha
Beta Particle and Photon Radioactivity
General Monitoring and Compliance Requirements
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
SUBPART R: ENHANCED FILTRATION AND DISINFECTION:
SYSTEMS THAT SERVE 10,000 OR MORE PEOPLE
Section
611.740
611.741
611.742
611.743
611.744
611.745
General Requirements
Standards for Avoiding Filtration
Disinfection Profiling and Benchmarking
Filtration
Filtration Sampling Requirements
Reporting and Recordkeeping Requirements
SUBPART S: GROUNDWATER RULE
Section
611.800
611.801
611.802
611.803
611.804
611.805
General Requirements and Applicability
Sanitary Surveys for GWS Suppliers
Groundwater Source Microbial Monitoring and Analytical Methods
Treatment Technique Requirements for GWS Suppliers
Treatment Technique Violations for GWS Suppliers
Reporting and Recordkeeping for GWS Suppliers
SUBPART T: REPORTING AND RECORDKEEPING
Section
611.830
611.831
611.832
611.833
611.840
611.851
611.852
611.853
611.854
611.855
611.856
611.858
611.860
611.870
Applicability
Monthly Operating Report
Notice by Agency (Repealed)
Cross Connection Reporting
Reporting
Reporting MCL, MRDL, and other Violations (Repealed)
Reporting other Violations (Repealed)
Notice to New Billing Units (Repealed)
General Content of Public Notice (Repealed)
Mandatory Health Effects Language (Repealed)
Fluoride Notice (Repealed)
Fluoride Secondary Standard (Repealed)
Record Maintenance
List of 36 Contaminants (Repealed)
21522
14
ILLINOIS REGISTER
21523
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
SUBPART U: CONSUMER CONFIDENCE REPORTS
Section
611.881
611.882
611.883
611.884
611.885
Purpose and Applicability
Compliance Dates
Content of the Reports
Required Additional Health Information
Report Delivery and Recordkeeping
SUBPART V: PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS
Section
611.901
611.902
611.903
611.904
611.905
611.906
611.907
611.908
611.909
611.910
611.911
General Public Notification Requirements
Tier 1 Public Notice: Form, Manner, and Frequency of Notice
Tier 2 Public Notice: Form, Manner, and Frequency of Notice
Tier 3 Public Notice: Form, Manner, and Frequency of Notice
Content of the Public Notice
Notice to New Billing Units or New Customers
Special Notice of the Availability of Unregulated Contaminant Monitoring
Results
Special Notice for Exceedence of the Fluoride Secondary Standard
Special Notice for Nitrate Exceedences above the MCL by a Non-Community
Water System
Notice by the Agency on Behalf of a PWS
Special Notice for Cryptosporidium
SUBPART W: INITIAL DISTRIBUTION SYSTEM EVALUATIONS
Section
611.920
611.921
611.922
611.923
611.924
611.925
General Requirements
Standard Monitoring
System-Specific Studies
40/30 Certification
Very Small System Waivers
Subpart Y Compliance Monitoring Location Recommendations
SUBPART X: ENHANCED FILTRATION AND DISINFECTION –
SYSTEMS SERVING FEWER THAN 10,000 PEOPLE
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Section
611.950
611.951
611.952
611.953
611.954
611.955
611.956
611.957
General Requirements
Finished Water Reservoirs
Additional Watershed Control Requirements for Unfiltered Systems
Disinfection Profile
Disinfection Benchmark
Combined Filter Effluent Turbidity Limits
Individual Filter Turbidity Requirements
Reporting and Recordkeeping Requirements
SUBPART Y: STAGE 2 DISINFECTION BYPRODUCTS REQUIREMENTS
Section
611.970
611.971
611.972
611.973
611.974
611.975
611.976
611.977
611.978
611.979
General Requirements
Routine Monitoring
Subpart Y Monitoring Plan
Reduced Monitoring
Additional Requirements for Consecutive Systems
Conditions Requiring Increased Monitoring
Operational Evaluation Levels
Requirements for Remaining on Reduced TTHM and HAA5 Monitoring Based
on Subpart I Results
Requirements for Remaining on Increased TTHM and HAA5 Monitoring Based
on Subpart I Results
Reporting and Recordkeeping Requirements
SUBPART Z: ENHANCED TREATMENT FOR CRYPTOSPORIDIUM
Section
611.1000
611.1001
611.1002
611.1003
611.1004
611.1005
611.1006
611.1007
General Requirements
Source Water Monitoring Requirements:
Source Water Monitoring Requirements:
Source Water Monitoring Requirements:
Source Water Monitoring Requirements:
Source Water Monitoring Requirements:
Source Water Monitoring Requirements:
Results
Source Water Monitoring Requirements:
Data
Source Water Monitoring
Sampling Schedules
Sampling Locations
Analytical Methods
Approved Laboratories
Reporting Source Water Monitoring
Grandfathering Previously Collected
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
611.1008
611.1009
611.1010
611.1011
611.1012
611.1013
611.1014
611.1015
611.1016
611.1017
611.1018
611.1019
611.1020
611.1021
611.1022
611.1023
Disinfection Profiling and Benchmarking Requirements: Requirements When
Making a Significant Change in Disinfection Practice
Disinfection Profiling and Benchmarking Requirements: Developing the
Disinfection Profile and Benchmark
Treatment Technique Requirements: Bin Classification for Filtered Systems
Treatment Technique Requirements: Filtered System Additional
Cryptosporidium Treatment Requirements
Treatment Technique Requirements: Unfiltered System Cryptosporidium
Treatment Requirements
Treatment Technique Requirements: Schedule for Compliance with
Cryptosporidium Treatment Requirements
Treatment Technique Requirements: Requirements for Uncovered Finished
Water Storage Facilities
Requirements for Microbial Toolbox Components: Microbial Toolbox Options
for Meeting Cryptosporidium Treatment Requirements
Requirements for Microbial Toolbox Components: Source Toolbox Components
Requirements for Microbial Toolbox Components: Pre-Filtration Treatment
Toolbox Components
Requirements for Microbial Toolbox Components: Treatment Performance
Toolbox Components
Requirements for Microbial Toolbox Components: Additional Filtration Toolbox
Components
Requirements for Microbial Toolbox Components: Inactivation Toolbox
Components
Reporting and Recordkeeping Requirements: Reporting Requirements
Reporting and Recordkeeping Requirements: Recordkeeping Requirements
Requirements to Respond to Significant Deficiencies Identified in Sanitary
Surveys Performed by USEPA or the Agency
SUBPART AA: REVISED TOTAL COLIFORM RULE
Section
611.1051
611.1052
611.1053
611.1054
611.1055
General
Analytical Methods and Laboratory Certification
General Monitoring Requirements for all PWSs
Routine Monitoring Requirements for Non-CWSs That Serve 1,000 or Fewer
People Using Only Groundwater
Routine Monitoring Requirements for CWSs That Serve 1,000 or Fewer People
Using Only Groundwater
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611.1056
611.1057
611.1058
611.1059
611.1060
611.1061
Routine Monitoring Requirements for Subpart B Systems That Serve 1,000 or
Fewer People
Routine Monitoring Requirements for PWSs That Serve More Than 1,000 People
Repeat Monitoring and E. coli Requirements
Coliform Treatment Technique Triggers and Assessment Requirements for
Protection Against Potential Fecal Contamination
Violations
Reporting and Recordkeeping
611.APPENDIX A
611.APPENDIX B
611.APPENDIX C
611.APPENDIX D
611.APPENDIX E
611.APPENDIX F
611.APPENDIX G
611.APPENDIX H
611.APPENDIX I
611.TABLE A
611.TABLE B
611.TABLE C
611.TABLE D
611.TABLE E
611.TABLE F
611.TABLE G
611.TABLE H
611.TABLE I
611.TABLE J
611.TABLE Z
Regulated Contaminants
Percent Inactivation of G. Lamblia Cysts
Common Names of Organic Chemicals
Defined Substrate Method for the Simultaneous Detection of Total
Coliforms and Eschericia Coli from Drinking Water
Mandatory Lead Public Education Information for Community Water
Systems
Mandatory Lead Public Education Information for Non-Transient NonCommunity Water Systems
NPDWR Violations and Situations Requiring Public Notice
Standard Health Effects Language for Public Notification
Acronyms Used in Public Notification Regulation
Total Coliform Monitoring Frequency
Fecal or Total Coliform Density Measurements
Frequency of RDC Measurement
Number of Lead and Copper Monitoring Sites
Lead and Copper Monitoring Start Dates
Number of Water Quality Parameter Sampling Sites
Summary of Section 611.357 Monitoring Requirements for Water Quality
Parameters
CT Values (mg·min/ℓ) for Cryptosporidium Inactivation by Chlorine
Dioxide
CT Values (mg·min/ℓ) for Cryptosporidium Inactivation by Ozone
UV Dose Table for Cryptosporidium, Giardia lamblia, and Virus
Inactivation Credit
Federal Effective Dates
AUTHORITY: Implementing Sections 7.2, 17, and 17.5 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 17, 17.5, and 27].
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SOURCE: Adopted in R88-26 at 14 Ill. Reg. 16517, effective September 20, 1990; amended in
R90-21 at 14 Ill. Reg. 20448, effective December 11, 1990; amended in R90-13 at 15 Ill. Reg.
1562, effective January 22, 1991; amended in R91-3 at 16 Ill. Reg. 19010, effective December 1,
1992; amended in R92-3 at 17 Ill. Reg. 7796, effective May 18, 1993; amended in R93-1 at 17
Ill. Reg. 12650, effective July 23, 1993; amended in R94-4 at 18 Ill. Reg. 12291, effective July
28, 1994; amended in R94-23 at 19 Ill. Reg. 8613, effective June 20, 1995; amended in R95-17
at 20 Ill. Reg. 14493, effective October 22, 1996; amended in R98-2 at 22 Ill. Reg. 5020,
effective March 5, 1998; amended in R99-6 at 23 Ill. Reg. 2756, effective February 17, 1999;
amended in R99-12 at 23 Ill. Reg. 10348, effective August 11, 1999; amended in R00-8 at 23 Ill.
Reg. 14715, effective December 8, 1999; amended in R00-10 at 24 Ill. Reg. 14226, effective
September 11, 2000; amended in R01-7 at 25 Ill. Reg. 1329, effective January 11, 2001;
amended in R01-20 at 25 Ill. Reg. 13611, effective October 9, 2001; amended in R02-5 at 26 Ill.
Reg. 3522, effective February 22, 2002; amended in R03-4 at 27 Ill. Reg. 1183, effective January
10, 2003; amended in R03-15 at 27 Ill. Reg. 16447, effective October 10, 2003; amended in
R04-3 at 28 Ill. Reg. 5269, effective March 10, 2004; amended in R04-13 at 28 Ill. Reg. 12666,
effective August 26, 2004; amended in R05-6 at 29 Ill. Reg. 2287, effective January 28, 2005;
amended in R06-15 at 30 Ill. Reg. 17004, effective October 13, 2006; amended in R07-2/R07-11
at 31 Ill. Reg. 11757, effective July 27, 2007; amended in R08-7/R08-13 at 33 Ill. Reg. 633,
effective December 30, 2008; amended in R10-1/R10-17/R11-6 at 34 Ill. Reg. 19848, effective
December 7, 2010; amended in R12-4 at 36 Ill. Reg. 7110, effective April 25, 2012; amended in
R13-2 at 37 Ill. Reg. 1978, effective February 4, 2013; amended in R14-8 at 38 Ill. Reg. 3608,
effective January 27, 2014; amended in R14-9 at 38 Ill. Reg. 9792, effective April 21, 2014;
amended in R15-6 at 39 Ill. Reg. ______, effective ____________.
SUBPART A: GENERAL
Section 611.102 Incorporations by Reference
a)
Abbreviations and short-name listing of references. The following names and
abbreviated names, presented in alphabetical order, are used in this Part to refer to
materials incorporated by reference:
"AMI Turbiwell Method" means "Continuous Measurement of Turbidity
Using a SWAN AMI Turbiwell Turbidimeter," available from NEMI or
from SWAN Analytische Instrumente AG.
"ASTM Method" means a method published by and available from the
American Society for Testing and Materials (ASTM).
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"ChlordioX Plus Test" means "Chlorine Dioxide and Chlorite in Drinking
Water by Amperometry using Disposable Sensors," available from
Palintest Ltd.
"Charm Fast Phage" means "Fast Phage Test Procedure.
Presence/Absence for Coliphage in Ground Water with Same Day Positive
Prediction," version 009 (Nov. 2012), available from Charm Sciences, Inc.
"Colilert® Test" means Standard Methods, 21st ed., Method 9223 B,
Chromogenic Substrate Coliform Test (using IDEXX Laboratories, Inc.
Colilert® medium).
"Colilert-18® Test" means Standard Methods, 21st ed., Method 9223 B,
Chromogenic Substrate Coliform Test (using IDEXX Laboratories, Inc.
Colilert-18® medium).
"ColisureTM Test" means "Colisure Presence/Absence Test for Detection
and Identification of Coliform Bacteria and Escherichia Coli in Drinking
Water," available from IDEXX Laboratories, Inc.
"Colitag Test" means "Colitag Product as a Test for Detection and
Identification of Coliforms and E. coli Bacteria in Drinking Water and
Source Water as Required in National Primary Drinking Water
Regulations," available from CPI International.
"Chromocult® Method" means "Chromocult® Coliform Agar
Presence/Absence Membrane Filter Test Method for Detection and
Identification of Coliform Bacteria and Escherichia coli in Finished
Waters," available from EMD Millipore.
"Determination of Inorganic Oxyhalide" means "Determination of
Inorganic Oxyhalide Disinfection By-Products in Drinking Water Using
Ion Chromatography with the Addition of a Postcolumn Reagent for Trace
Bromate Analysis," available from NTIS.
"Dioxin and Furan Method 1613" means "Tetra- through Octa-Chlorinated
Dioxins and Furans by Isotope-Dilution HRGC/HRMS," available from
NTIS.
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"E*Colite Test" means "Charm E*Colite Presence/Absence Test for
Detection and Identification of Coliform Bacteria and Escherichia coli in
Drinking Water," available from Charm Sciences, Inc. and USEPA, Water
Resource Center.
"EC-MUG" means "Method 9221 F: Multiple-Tube Fermentation
Technique for Members of the Coliform Group, Escherichia coli
Procedure (Proposed)," available from American Public Health
Association and American Waterworks Association.
"EML Procedures Manual" means "EML Procedures Manual, HASL
300," available from USDOE, EML.
"Enterolert" means "Evaluation of Enterolert for Enumeration of
Enterococci in Recreational Waters," available from American Society for
Microbiology.
"Georgia Radium Method" means "The Determination of Radium-226 and
Radium-228 in Drinking Water by Gamma-ray Spectrometry Using HPGE
or Ge(Li) Detectors," Revision 1.2, December 2004, available from the
Georgia Tech Research Institute.
"GLI Method 2" means GLI Method 2, "Turbidity," Nov. 2, 1992,
available from Great Lakes Instruments, Inc.
"Guidance Manual for Filtration and Disinfection" means "Guidance
Manual for Compliance with the Filtration and Disinfection Requirements
for Public Water Systems using Surface Water Sources," March 1991,
available from USEPA, NSCEP.
"Hach FilterTrak Method 10133" means "Determination of Turbidity by
Laser Nephelometry," available from Hach Co.
"Hach Method 10260" means "Hach Method 10260 − Determination of
Chlorinated Oxidants (Free and Total) in Water Using Disposable Planar
Reagent-filled Cuvettes and Mesofluic Channel Colorimetry," available
from the Hach Company.
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"Hach SPDANS 2 Method 10225" means "Hach Company SPADNS 2
(Arsenic-free) Fluoride Method 10225 − Spectrophotometric
Measurement of Fluoride in Water and Wastewater," available from the
Hach Co.
"Hach TNTplus 835/836 Method 10206" means "Hach Company TNTplus
835/836 Nitrate Method 10206 − Spectrophotometric Measurement of
Nitrate in Water and Wastewater," available from the Hach Co.
"ITS Method D99-003" means Method D99-003, Revision 3.0, "Free
Chlorine Species (HOCl- and OCl-) by Test Strip," available from
Industrial Test Systems, Inc.
"Kelada 01" means "Kelada Automated Test Methods for Total Cyanide,
Acid Dissociable Cyanide, And Thiocyanate," Revision 1.2, available
from NTIS.
"m-ColiBlue24 Test" means "Total Coliforms and E. coli Membrane
Filtration Method with m-ColiBlue24® Broth," available from USEPA,
Water Resource Center and Hach Company.
"Method ME355.01" means "Determination of Cyanide in Drinking Water
by GC/MS Headspace Analysis," available from NEMI or from H&E
Testing Laboratory.
"Mitchell Method M5271" means "Determination of Turbidity by Laser
Nephelometry," available from NEMI and Leck Mitchell, PhD.
"Mitchell Method M5331" means "Determination of Turbidity by LED
Nephelometry," available from NEMI and Leck Mitchell, PhD.
"Modified Colitag™ TestMethod" means "Modified Colitag™ Test
Method for Simultaneous Detection of E. coli and other Total Coliforms in
Water," available from NEMI and CPI International.
"NA-MUG" means "Method 9222 G: Membrane Filter Technique for
Members of the Coliform Group, MF Partition Procedures," available
from American Public Health Association and American Waterworks
Association.
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"NCRP Report Number 22" means "Maximum Permissible Body Burdens
and Maximum Permissible Concentrations of Radionuclides in Air and in
Water for Occupational Exposure," available from NCRP.
"New Jersey Radium Method" means "Determination of Radium 228 in
Drinking Water," available from the New Jersey Department of
Environmental Protection.
"New York Radium Method" means "Determination of Ra-226 and Ra228 (Ra-02)," available from the New York Department of Public Health.
"OI Analytical Method OIA-1677" means "Method OIA-1677, DW
Available Cyanide by Flow Injection, Ligand Exchange, and
Amperometry," available from ALPKEM, Division of OI Analytical.
"ONPG-MUG Test" (meaning "minimal medium ortho-nitrophenyl-betad-galactopyranoside-4-methyl-umbelliferyl -beta-d-glucuronide test"),
also called the "Autoanalysis Colilert® Test System," is Method 9223,
available in "Standard Methods for the Examination of Water and
Wastewater," 18th, 19th, 20th, or 21st ed., from American Public Health
Association and the American Water Works Association.
"Orion Method AQ4500" means "Determination of Turbidity by LED
Nephelometry," available from Thermo Scientific.
"Palintest ChloroSense" means "Measurement of Free and Total Chlorine
in Drinking Water by Palintest ChloroSense," available from NEMI or
Palintest Ltd.
"Palintest Method 1001" means "'Lead in Drinking Water by Differential
Pulse Anodic Stripping Voltammetry', Method Number 1001," available
from Palintest, Ltd. or the Hach Company.
"QuikChem Method 10-204-00-1-X" means "Digestion and distillation of
total cyanide in drinking and wastewaters using MICRO DIST and
determination of cyanide by flow injection analysis," available from
Lachat Instruments.
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"Readycult® 2000" means "Readycult Coliforms 100 Presence/Absence
Test for Detection and Identification of Coliform Bacteria and Escherichia
coli in Finished Waters," v. 1.0, available from EMD Millipore.
"Readycult® 2007" means "Readycult® Coliforms 100 Presence/Absence
Test for Detection and Identification of Coliform Bacteria and Escherichia
coli in Finished Waters," v. 1.1, available from EMD Millipore.
"SimPlate Method" means "IDEXX SimPlate TM HPC Test Method for
Heterotrophs in Water," available from IDEXX Laboratories, Inc.
"Standard Methods" means "Standard Methods for the Examination of
Water and Wastewater," available from the American Public Health
Association or the American Waterworks Association.
"Standard Methods Online" means the website maintained by the Standard
Methods Organization (at www.standardmethods.org) for purchase of the
latest versions of methods in an electronic format.
"Syngenta AG-625" means "Atrazine in Drinking Water by
Immunoassay," February 2001 is available from Syngenta Crop
Protection, Inc.
"Systea Easy (1-Reagent)" means "Systea Easy (1-Reagent) Nitrate
Method," available from NEMI or Systea Scientific LLC.
"Technical Bulletin 601" means "Technical Bulletin 601, Standard
Method of Testing for Nitrate in Drinking Water," July 1994, available
from Thermo Scientific.
"Technicon Methods" means "Fluoride in Water and Wastewater,"
available from Bran & Luebbe.
"Tecta EC/TC P-A Test" means "Tecta EC/TC P-A Test −
Presence/Absence Method for Simultaneous Detection of Total Coliforms
and Escherichia coli (E. coli) in Drinking Water," available from Veolia
Water Solutions and Technologies.
"USEPA Asbestos Method 100.1" means Method 100.1, "Analytical
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Method for Determination of Asbestos Fibers in Water," September 1983,
available from NTIS.
"USEPA Asbestos Method 100.2" means Method 100.2, "Determination
of Asbestos Structures over 10-mm in Length in Drinking Water," June
1994, available from NTIS.
"USEPA Environmental Inorganic Methods" means "Methods for the
Determination of Inorganic Substances in Environmental Samples,"
August 1993, available from NTIS.
"USEPA Environmental Metals Methods" means "Methods for the
Determination of Metals in Environmental Samples," available from
NTIS.
"USEPA Inorganic Methods" means "Methods for Chemical Analysis of
Water and Wastes," March 1983, available from NTIS.
"USEPA Interim Radiochemical Methods" means "Interim Radiochemical
Methodology for Drinking Water," EPA 600/4-75/008 (revised), March
1976. Available from NTIS.
"USEPA Method 1600" means "Method 1600: Enterococci in Water by
Membrane Filtration Using Membrane-Enterococcus Indoxyl-b-DGlucoside Agar (mEI)," available from USEPA, Water Resource Center.
"USEPA Method 1601" means "Method 1601: Male-specific (F+) and
Somatic Coliphage in Water by Two-step Enrichment Procedure,"
available from USEPA, Water Resource Center.
"USEPA Method 1602" means "Method 1602: Male-specific (F+) and
Somatic Coliphage in Water by Single Agar Layer (SAL) Procedure,"
available from USEPA, Water Resource Center.
"USEPA Method 1604" means "Method 1604: Total Coliforms and
Escherichia coli in Water by Membrane Filtration Using a Simultaneous
Detection Technique (MI Medium)," available from USEPA, Water
Resource Center.
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"USEPA NERL Method 200.5 (rev. 4.2)" means Method 200.5, Revision
4.2, "Determination of Trace Elements in Drinking Water by Axially
Viewed Inductively Coupled Plasma − Atomic Emission Spectrometry,"
October 2003, EPA 600/R-06/115. Available from USEPA, Office of
Research and Development.
"USEPA NERL Method 415.3 (rev. 1.1)" means Method 415.3, Revision
1.1, "Determination of Total Organic Carbon and Specific UV Absorbance
at 254 nm in Source Water and Drinking Water," USEPA, February 2005,
EPA 600/R-05/055. Available from USEPA, Office of Research and
Development.
"USEPA NERL Method 415.3 (rev. 1.2)" means Method 415.3, Revision
1.2, "Determination of Total Organic Carbon and Specific UV Absorbance
at 254 nm in Source Water and Drinking Water," USEPA, September
2009, EPA 600/R-09/122. Available from USEPA, Office of Research
and Development.
"USEPA NERL Method 525.3 (ver. 1.0)" means Method 525.3, Version
1.0, "Determination of Total Semivolatile Organic Chemicals in Drinking
Water by Solid Phase Extraction and Capillary Column Gas
Chromatography/Mass Spectrometry (GC/MS)," USEPA, February 2012,
EPA 600/R-12/010. Available from USEPA, Office of Research and
Development.
"USEPA NERL Method 549.2" means Method 549.2, Revision 1.0,
"Determination of Diquat and Paraquat in Drinking Water by Liquid-Solid
Extraction and High Performance Liquid Chromatography with
Ultraviolet Detection," June 1997. Available from USEPA, Office of
Research and Development.
"USEPA OGWDW Methods" means the methods listed as available from
the USEPA, Office of Ground Water and Drinking Water (Methods 302.0,
317.0 (rev. 2.0), 326.0 (rev. 1.0), 327.0 (rev. 1.1), 334.0, 515.4 (rev. 1.0),
524.3 (rev. 1.0), 524.4, 531.2 (rev. 1.0), 536 (rev. 1.0) 552.3 (rev. 1.0),
557, 1622 (99), 1622 (01), 1622 (05), 1623 (99), 1623 (01), 1623 (05), and
1623.1). Available from NTIS; USEPA, NSCEP; or USEPA, OGWDW.
"USEPA Organic Methods" means "Methods for the Determination of
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Organic Compounds in Drinking Water," December 1988 (revised July
1991) (Methods 508A (rev. 1.0) and 515.1 (rev. 4.0)); "Methods for the
Determination of Organic Compounds in Drinking Water − Supplement
I," July 1990 (Methods 547, 550, and 550.1); "Methods for the
Determination of Organic Compounds in Drinking Water − Supplement
II," August 1992 (Methods 548.1 (rev. 1.0), 552.1 (rev. 1.0), and 555 (rev.
1.0)); and "Methods for the Determination of Organic Compounds in
Drinking Water − Supplement III," August 1995 (Methods 502.2 (rev.
2.1), 504.1 (rev. 1.1), 505 (rev. 2.1), 506 (rev. 1.1), 507 (rev. 2.1), 508
(rev. 3.1), 508.1 (rev. 2.0), 515.2 (rev. 1.1), 524.2 (rev. 4.1), 525.2 (rev.
2.0), 531.1 (rev. 3.1), 551.1 (rev. 1.0), and 552.2 (rev. 1.0)). Available
from NTIS; USEPA, NSCEP; or USEPA, EMSL.
"USEPA Organic and Inorganic Methods" means "Methods for the
Determination of Organic and Inorganic Compounds in Drinking Water,
Volume 1," EPA 815/R-00/014, PB2000-106981, August 2000. Available
from NTIS.
"USEPA Radioactivity Methods" means "Prescribed Procedures for
Measurement of Radioactivity in Drinking Water," EPA 600/4-80/032,
August 1980. Available from NTIS.
"USEPA Radiochemical Analyses" means "Radiochemical Analytical
Procedures for Analysis of Environmental Samples," March 1979.
Available from NTIS.
"USEPA Radiochemistry Procedures" means "Radiochemistry Procedures
Manual," EPA 520/5-84/006, December 1987. Available from NTIS.
"USEPA Technical Notes" means "Technical Notes on Drinking Water
Methods," available from NTIS and USEPA, NSCEP.
"USGS Methods" means "Methods of Analysis by the U.S. Geological
Survey National Water Quality Laboratory − Determination of Inorganic
and Organic Constituents in Water and Fluvial Sediments," available from
NTIS and USGS.
"Waters Method B-1011" means "Waters Test Method for the
Determination of Nitrite/Nitrate in Water Using Single Column Ion
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Chromatography," available from Waters Corporation, Technical Services
Division.
b)
The Board incorporates the following publications by reference:
ALPKEM, Division of OI Analytical, P.O. Box 9010, College Station, TX
77842-9010, telephone: 979-690-1711, Internet: www.oico.com.
"Method OIA-1677 DW, Available Cyanide by Flow Injection,
Ligand Exchange, and Amperometry," EPA 821/R-04/001,
January 2004 (referred to as "OI Analytical Method OIA-1677"),
referenced in Section 611.611.
BOARD NOTE: Also available online for download from
www.epa.gov/waterscience/methods/method/cyanide/16772004.pdf.
APHA. American Public Health Association, 1015 Fifteenth Street NW,
Washington, DC 20005 202-777-2742.
"Standard Methods for the Examination of Water and
Wastewater," 16th Edition, 1985 (referred to as "Standard Methods,
16th ed."). See the methods listed separately for the same
references under American Waterworks Association.
"Standard Methods for the Examination of Water and
Wastewater," 17th Edition, 1989 (referred to as "Standard Methods,
17th ed."). See the methods listed separately for the same
references under American Waterworks Association.
"Standard Methods for the Examination of Water and
Wastewater," 18th Edition, 1992, including "Supplement to the 18th
Edition of Standard Methods for the Examination of Water and
Wastewater," 1994 (collectively referred to as "Standard Methods,
18 th ed."). See the methods listed separately for the same
references under American Waterworks Association.
"Standard Methods for the Examination of Water and
Wastewater," 19 th Edition, 1995 (referred to as "Standard
Methods, 19 th ed."). See the methods listed separately for the
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same references under American Waterworks Association.
"Standard Methods for the Examination of Water and
Wastewater," 20th Edition, 1998 (referred to as "Standard Methods,
20th ed."). See the methods listed separately for the same
references under American Waterworks Association.
"Standard Methods for the Examination of Water and
Wastewater," 21st Edition, 2005 (referred to as "Standard Methods,
21st ed."). See the methods listed separately for the same
references under American Waterworks Association.
"Standard Methods for the Examination of Water and
Wastewater," 22nd Edition, 2012 (referred to as "Standard
Methods, 22nd ed."). See the methods listed separately for the
same references under American Waterworks Association.
American Society for Microbiology, 1752 N Street N.W., Washington,
DC 20036, 202-737-3600:
"Evaluation of Enterolert for Enumeration of Enterococci in
Recreational Waters," Applied and Environmental Microbiology,
Oct. 1996, vol. 62, no. 10, p. 3881 (referred to as "Enterolert"),
referenced in Section 611.802.
BOARD NOTE: At the table to 40 CFR 141.402(c)(2), USEPA
approved the method as described in the above literature review.
The method itself is embodied in the printed instructions to the
proprietary kit available from IDEXX Laboratories, Inc.
(accessible on-line and available by download from www.asm.org,
as "Enterolert™ Procedure"). ASTM approved the method as
"Standard Test Method for Enterococci in Water Using
Enterolert™," which is available in two versions from ASTM:
ASTM Method D6503-99 (superceded) and ASTM Method
D6503-99. While it is more conventional to incorporate the
method as presented in the kit instructions or as approved by
ASTM by reference, the Board is constrained to incorporate the
version that appears in the technical literature by reference, which
is the version that USEPA has explicitly approved.
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AWWA. American Water Works Association et al., 6666 West Quincy
Ave., Denver, CO 80235 (303-794-7711).
"National Field Evaluation of a Defined Substrate Method for the
Simultaneous Enumeration of Total Coliforms and Escherichia coli
for Drinking Water: Comparison with the Standard Multiple Tube
Fermentation Method," S.C. Edberg, M.J. Allen & D.B. Smith,
Applied Environmental Microbiology, vol. 54, iss. 6, pp 15951601 (1988), referenced in Appendix D to this Part.
"Standard Methods for the Examination of Water and
Wastewater," 13th Edition, 1971 (referred to as "Standard Methods,
13th ed.").
Method 302, Gross Alpha and Gross Beta Radioactivity in
Water (Total, Suspended, and Dissolved), referenced in
Section 611.720.
Method 303, Total Radioactive Strontium and Strontium 90
in Water, referenced in Section 611.720.
Method 304, Radium in Water by Precipitation, referenced
in Section 611.720.
Method 305, Radium 226 by Radon in Water (Soluble,
Suspended, and Total), referenced in Section 611.720.
Method 306, Tritium in Water, referenced in Section
611.720.
"Standard Methods for the Examination of Water and
Wastewater," 16th Edition, 1985 (referred to as "Standard Methods,
16th ed.").
Method 907A, Heterotrophic Plate Count, Pour Plate
Method, referenced in Section 611.213.
"Standard Methods for the Examination of Water and
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Wastewater," 17th Edition, 1989 (referred to as "Standard Methods,
17th ed.").
Method 7110 B, Gross Alpha and Gross Beta Radioactivity
in Water (Total, Suspended, and Dissolved), referenced in
Section 611.720.
Method 7500-Cs B, Radioactive Cesium, Precipitation
Method, referenced in Section 611.720.
Method 7500-3H B, Tritium in Water, referenced in Section
611.720.
Method 7500-I B, Radioactive Iodine, Precipitation
Method, referenced in Section 611.720.
Method 7500-I C, Radioactive Iodine, Ion-Exchange
Method, referenced in Section 611.720.
Method 7500-I D, Radioactive Iodine, Distillation Method,
referenced in Section 611.720.
Method 7500-Ra B, Radium in Water by Precipitation,
referenced in Section 611.720.
Method 7500-Ra C, Radium 226 by Radon in Water
(Soluble, Suspended, and Total), referenced in Section
611.720.
Method 7500-Ra D, Radium, Sequential Precipitation
Method (Proposed), referenced in Section 611.720.
Method 7500-Sr B, Total Radioactive Strontium and
Strontium 90 in Water, referenced in Section 611.720.
Method 7500-U B, Uranium, Radiochemical Method
(Proposed), referenced in Section 611.720.
Method 7500-U C, Uranium, Isotopic Method (Proposed),
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referenced in Section 611.720.
"Standard Methods for the Examination of Water and
Wastewater," 18th Edition, 1992 (referred to as "Standard Methods,
18 th ed.").
Method 2130 B, Turbidity, Nephelometric Method,
referenced in Section 611.531.
Method 2320 B, Alkalinity, Titration Method, referenced in
Section 611.611.
Method 2510 B, Conductivity, Laboratory Method,
referenced in Section 611.611.
Method 2550, Temperature, Laboratory and Field Methods,
referenced in Section 611.611.
Method 3111 B, Metals by Flame Atomic Absorption
Spectrometry, Direct Air-Acetylene Flame Method,
referenced in Sections 611.611 and 611.612.
Method 3111 D, Metals by Flame Atomic Absorption
Spectrometry, Direct Nitrous Oxide-Acetylene Flame
Method, referenced in Section 611.611.
Method 3112 B, Metals by Cold-Vapor Atomic Absorption
Spectrometry, Cold-Vapor Atomic Absorption
Spectrometric Method, referenced in Section 611.611.
Method 3113 B, Metals by Electrothermal Atomic
Absorption Spectrometry, Electrothermal Atomic
Absorption Spectrometric Method, referenced in Sections
611.611 and 611.612.
Method 3114 B, Metals by Hydride Generation/Atomic
Absorption Spectrometry, Manual Hydride
Generation/Atomic Absorption Spectrometric Method,
referenced in Section 611.611.
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 3120 B, Metals by Plasma Emission Spectroscopy,
Inductively Coupled Plasma (ICP) Method, referenced in
Sections 611.611 and 611.612.
Method 3500-Ca D, Calcium, EDTA Titrimetric Method,
referenced in Section 611.611.
Method 3500-Mg E, Magnesium, Calculation Method,
referenced in Section 611.611.
Method 4110 B, Determination of Anions by Ion
Chromatography, Ion Chromatography with Chemical
Suppression of Eluent Conductivity, referenced in Section
611.611.
Method 4500-CN- C, Cyanide, Total Cyanide after
Distillation, referenced in Section 611.611.
Method 4500-CN- E, Cyanide, Colorimetric Method,
referenced in Section 611.611.
Method 4500-CN- F, Cyanide, Cyanide-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-CN- G, Cyanide, Cyanides Amenable to
Chlorination after Distillation, referenced in Section
611.611.
Method 4500-Cl D, Chlorine, Amperometric Titration
Method, referenced in Section 611.531.
Method 4500-Cl E, Chlorine, Low-Level Amperometric
Titration Method, referenced in Section 611.531.
Method 4500-Cl F, Chlorine, DPD Ferrous Titrimetric
Method, referenced in Section 611.531.
Method 4500-Cl G, Chlorine, DPD Colorimetric Method,
ILLINOIS REGISTER
21542
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
referenced in Section 611.531.
Method 4500-Cl H, Chlorine, Syringaldazine (FACTS)
Method, referenced in Section 611.531.
Method 4500-Cl I, Chlorine, Iodometric Electrode Method,
referenced in Section 611.531.
Method 4500-ClO2 C, Chlorine Dioxide, Amperometric
Method I, referenced in Section 611.531.
Method 4500-ClO2 D, Chlorine Dioxide, DPD Method,
referenced in Section 611.531.
Method 4500-ClO2 E, Chlorine Dioxide, Amperometric
Method II (Proposed), referenced in Section 611.531.
Method 4500-F- B, Fluoride, Preliminary Distillation Step,
referenced in Section 611.611.
Method 4500-F- C, Fluoride, Ion-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-F- D, Fluoride, SPADNS Method, referenced
in Section 611.611.
Method 4500-F- E, Fluoride, Complexone Method,
referenced in Section 611.611.
Method 4500-H+ B, pH Value, Electrometric Method,
referenced in Section 611.611.
Method 4500-NO2- B, Nitrogen (Nitrite), Colorimetric
Method, referenced in Section 611.611.
Method 4500-NO3- D, Nitrogen (Nitrate), Nitrate Electrode
Method, referenced in Section 611.611.
Method 4500-NO3- E, Nitrogen (Nitrate), Cadmium
ILLINOIS REGISTER
21543
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Reduction Method, referenced in Section 611.611.
Method 4500-NO3- F, Nitrogen (Nitrate), Automated
Cadmium Reduction Method, referenced in Section
611.611.
Method 4500-O3 B, Ozone (Residual) (Proposed), Indigo
Colorimetric Method, referenced in Section 611.531.
Method 4500-P E, Phosphorus, Ascorbic Acid Method,
referenced in Section 611.611.
Method 4500-P F, Phosphorus, Automated Ascorbic Acid
Reduction Method, referenced in Section 611.611.
Method 4500-Si D, Silica, Molybdosilicate Method,
referenced in Section 611.611.
Method 4500-Si E, Silica, Heteropoly Blue Method,
referenced in Section 611.611.
Method 4500-Si F, Silica, Automated Method for
Molybdate-Reactive Silica, referenced in Section 611.611.
Method 6651 B, Glyphosate Herbicide (Proposed),
referenced in Section 611.645.
Method 7110 B, Gross Alpha and Beta Radioactivity
(Total, Suspended, and Dissolved), Evaporation Method for
Gross Alpha-Beta, referenced in Section 611.720.
Method 7110 C, Gross Alpha and Beta Radioactivity
(Total, Suspended, and Dissolved), Coprecipitation Method
for Gross Alpha Radioactivity in Drinking Water
(Proposed), referenced in Section 611.720.
Method 7500-Cs B, Radioactive Cesium, Precipitation
Method, referenced in Section 611.720.
ILLINOIS REGISTER
21544
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 7500-3H B, Tritium, Liquid Scintillation
Spectrometric Method, referenced in Section 611.720.
Method 7500-I B, Radioactive Iodine, Precipitation
Method, referenced in Section 611.720.
Method 7500-I C, Radioactive Iodine, Ion-Exchange
Method, referenced in Section 611.720.
Method 7500-I D, Radioactive Iodine, Distillation Method,
referenced in Section 611.720.
Method 7500-Ra B, Radium, Precipitation Method,
referenced in Section 611.720.
Method 7500-Ra C, Radium, Emanation Method,
referenced in Section 611.720.
Method 7500-Ra D, Radium, Sequential Precipitation
Method (Proposed), referenced in Section 611.720.
Method 7500-Sr B, Total Radioactive Strontium and
Strontium 90, Precipitation Method, referenced in Section
611.720.
Method 7500-U B, Uranium, Radiochemical Method
(Proposed), referenced in Section 611.720.
Method 7500-U C, Uranium, Isotopic Method (Proposed),
referenced in Section 611.720.
Method 9215 B, Heterotrophic Plate Count, Pour Plate
Method, referenced in Section 611.531.
Method 9221 A, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Introduction,
referenced in Sections 611.526 and 611.531.
Method 9221 B, Multiple-Tube Fermentation Technique
ILLINOIS REGISTER
21545
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
for Members of the Coliform Group, Standard Total
Coliform Fermentation Technique, referenced in Sections
611.526 and 611.531.
Method 9221 C, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Estimation of
Bacterial Density, referenced in Sections 611.526 and
611.531.
Method 9221 D, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Presence-Absence (PA) Coliform Test, referenced in Section 611.526.
Method 9221 E, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Fecal Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9222 A, Membrane Filter Technique for Members
of the Coliform Group, Introduction, referenced in Sections
611.526 and 611.531.
Method 9222 B, Membrane Filter Technique for Members
of the Coliform Group, Standard Total Coliform Membrane
Filter Procedure, referenced in Sections 611.526 and
611.531.
Method 9222 C, Membrane Filter Technique for Members
of the Coliform Group, Delayed-Incubation Total Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9222 D, Membrane Filter Technique for Members
of the Coliform Group, Fecal Coliform Membrane Filter
Procedure, referenced in Section 611.531.
Method 9223, Chromogenic Substrate Coliform Test
(Proposed) (also referred to as the variations "Autoanalysis
Colilert® Test System" and "ColisureTM Test"), referenced
in Sections 611.526 and 611.531.
ILLINOIS REGISTER
21546
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 9223 B, Chromogenic Substrate Coliform Test
(Proposed), referenced in Section 611.1004.
"Supplement to the 18th Edition of Standard Methods for the
Examination of Water and Wastewater," American Public Health
Association, 1994.
Method 6610, Carbamate Pesticide Method, referenced in
Section 611.645.
"Standard Methods for the Examination of Water and
Wastewater," 19th Edition, 1995 (referred to as "Standard Methods,
19th ed.").
Method 2130 B, Turbidity, Nephelometric Method,
referenced in Section 611.531.
Method 2320 B, Alkalinity, Titration Method, referenced in
Section 611.611.
Method 2510 B, Conductivity, Laboratory Method,
referenced in Section 611.611.
Method 2550, Temperature, Laboratory, and Field
Methods, referenced in Section 611.611.
Method 3111 B, Metals by Flame Atomic Absorption
Spectrometry, Direct Air-Acetylene Flame Method,
referenced in Sections 611.611 and 611.612.
Method 3111 D, Metals by Flame Atomic Absorption
Spectrometry, Direct Nitrous Oxide-Acetylene Flame
Method, referenced in Section 611.611.
Method 3112 B, Metals by Cold-Vapor Atomic Absorption
Spectrometry, Cold-Vapor Atomic Absorption
Spectrometric Method, referenced in Section 611.611.
Method 3113 B, Metals by Electrothermal Atomic
ILLINOIS REGISTER
21547
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Absorption Spectrometry, Electrothermal Atomic
Absorption Spectrometric Method, referenced in Sections
611.611 and 611.612.
Method 3114 B, Metals by Hydride Generation/Atomic
Absorption Spectrometry, Manual Hydride
Generation/Atomic Absorption Spectrometric Method,
referenced in Section 611.611.
Method 3120 B, Metals by Plasma Emission Spectroscopy,
Inductively Coupled Plasma (ICP) Method, referenced in
Sections 611.611 and 611.612.
Method 3125, Metals by Inductively Coupled Plasma/Mass
Spectrometry, referenced in Section 611.720.
Method 3500-Ca D, Calcium, EDTA Titrimetric Method,
referenced in Section 611.611.
Method 3500-Mg E, Magnesium, Calculation Method,
referenced in Section 611.611.
Method 4110 B, Determination of Anions by Ion
Chromatography, Ion Chromatography with Chemical
Suppression of Eluent Conductivity, referenced in Section
611.611.
Method 4500-Cl D, Chlorine, Amperometric Titration
Method, referenced in Sections 611.381 and 611.531.
Method 4500-Cl E, Chlorine, Low-Level Amperometric
Titration Method, referenced in Sections 611.381 and
611.531.
Method 4500-Cl F, Chlorine, DPD Ferrous Titrimetric
Method, referenced in Sections 611.381 and 611.531.
Method 4500-Cl G, Chlorine, DPD Colorimetric Method,
referenced in Sections 611.381 and 611.531.
ILLINOIS REGISTER
21548
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 4500-Cl H, Chlorine, Syringaldazine (FACTS)
Method, referenced in Sections 611.381 and 611.531.
Method 4500-Cl I, Chlorine, Iodometric Electrode Method,
referenced in Sections 611.381 and 611.531.
Method 4500-ClO2 C, Chlorine Dioxide, Amperometric
Method I, referenced in Section 611.531.
Method 4500-ClO2 D, Chlorine Dioxide, DPD Method,
referenced in Sections 611.381 and 611.531.
Method 4500-ClO2 E, Chlorine Dioxide, Amperometric
Method II, referenced in Sections 611.381 and 611.531.
Method 4500-CN- C, Cyanide, Total Cyanide after
Distillation, referenced in Section 611.611.
Method 4500-CN- E, Cyanide, Colorimetric Method,
referenced in Section 611.611.
Method 4500-CN- F, Cyanide, Cyanide-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-CN- G, Cyanide, Cyanides Amenable to
Chlorination after Distillation, referenced in Section
611.611.
Method 4500-F- B, Fluoride, Preliminary Distillation Step,
referenced in Section 611.611.
Method 4500-F- C, Fluoride, Ion-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-F- D, Fluoride, SPADNS Method, referenced
in Section 611.611.
Method 4500-F- E, Fluoride, Complexone Method,
ILLINOIS REGISTER
21549
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
referenced in Section 611.611.
Method 4500-H+ B, pH Value, Electrometric Method,
referenced in Section 611.611.
Method 4500-NO2- B, Nitrogen (Nitrite), Colorimetric
Method, referenced in Section 611.611.
Method 4500-NO3- D, Nitrogen (Nitrate), Nitrate Electrode
Method, referenced in Section 611.611.
Method 4500-NO3- E, Nitrogen (Nitrate), Cadmium
Reduction Method, referenced in Section 611.611.
Method 4500-NO3- F, Nitrogen (Nitrate), Automated
Cadmium Reduction Method, referenced in Section
611.611.
Method 4500-O3 B, Ozone (Residual) (Proposed), Indigo
Colorimetric Method, referenced in Section 611.531.
Method 4500-P E, Phosphorus, Ascorbic Acid Method,
referenced in Section 611.611.
Method 4500-P F, Phosphorus, Automated Ascorbic Acid
Reduction Method, referenced in Section 611.611.
Method 4500-Si D, Silica, Molybdosilicate Method,
referenced in Section 611.611.
Method 4500-Si E, Silica, Heteropoly Blue Method,
referenced in Section 611.611.
Method 4500-Si F, Silica, Automated Method for
Molybdate-Reactive Silica, referenced in Section 611.611.
Method 5910 B, UV Absorbing Organic Constituents,
Ultraviolet Absorption Method, referenced in Section
611.381.
ILLINOIS REGISTER
21550
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 6251 B, Disinfection Byproducts: Haloacetic
Acids and Trichlorophenol, Micro Liquid-Liquid
Extraction Gas Chromatographic Method, referenced in
Section 611.381.
Method 6610, Carbamate Pesticide Method, referenced in
Section 611.645.
Method 6651 B, Glyphosate Herbicide, referenced in
Section 611.645.
Method 7110 B, Gross Alpha and Gross Beta
Radioactivity, Evaporation Method for Gross Alpha-Beta,
referenced in Section 611.720.
Method 7110 C, Gross Alpha and Beta Radioactivity
(Total, Suspended, and Dissolved), Coprecipitation Method
for Gross Alpha Radioactivity in Drinking Water
(Proposed), referenced in Section 611.720.
Method 7120, Gamma-Emitting Radionuclides, referenced
in Section 611.720.
Method 7500-Cs B, Radioactive Cesium, Precipitation
Method, referenced in Section 611.720.
Method 7500-3H B, Tritium, Liquid Scintillation
Spectrometric Method, referenced in Section 611.720.
Method 7500-I B, Radioactive Iodine, Precipitation
Method, referenced in Section 611.720.
Method 7500-I C, Radioactive Iodine, Ion-Exchange
Method, referenced in Section 611.720.
Method 7500-I D, Radioactive Iodine, Distillation Method,
referenced in Section 611.720.
ILLINOIS REGISTER
21551
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 7500-Ra B, Radium, Precipitation Method,
referenced in Section 611.720.
Method 7500-Ra C, Radium, Emanation Method,
referenced in Section 611.720.
Method 7500-Ra D, Radium, Sequential Precipitation
Method, referenced in Section 611.720.
Method 7500-Sr B, Total Radiactive Strontium and
Strontium 90, Precipitation Method, referenced in Section
611.720.
Method 7500-U B, Uranium, Radiochemical Method,
referenced in Section 611.720.
Method 7500-U C, Uranium, Isotopic Method, referenced
in Section 611.720.
Method 9215 B, Heterotrophic Plate Count, Pour Plate
Method, referenced in Section 611.531.
Method 9221 A, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Introduction,
referenced in Sections 611.526 and 611.531.
Method 9221 B, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Standard Total
Coliform Fermentation Technique, referenced in Sections
611.526 and 611.531.
Method 9221 C, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Estimation of
Bacterial Density, referenced in Sections 611.526 and
611.531.
Method 9221 D, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Presence-Absence (PA) Coliform Test, referenced in Section 611.526.
ILLINOIS REGISTER
21552
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 9221 E, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Fecal Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9222 A, Membrane Filter Technique for Members
of the Coliform Group, Introduction, referenced in Sections
611.526 and 611.531.
Method 9222 B, Membrane Filter Technique for Members
of the Coliform Group, Standard Total Coliform Membrane
Filter Procedure, referenced in Sections 611.526 and
611.531.
Method 9222 C, Membrane Filter Technique for Members
of the Coliform Group, Delayed-Incubation Total Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9222 D, Membrane Filter Technique for Members
of the Coliform Group, Fecal Coliform Membrane Filter
Procedure, referenced in Section 611.531.
Method 9222 G, Membrane Filter Technique for Members
of the Coliform Group, MF Partition Procedures,
referenced in Section 611.526.
Method 9223, Chromogenic Substrate Coliform Test (also
referred to as the variations "Autoanalysis Colilert® Test
System" and "ColisureTM Test"), referenced in Sections
611.526 and 611.531.
Method 9223 B, Chromogenic Substrate Coliform Test
(Proposed), referenced in Section 611.1004.
"Supplement to the 19th Edition of Standard Methods for the
Examination of Water and Wastewater," American Public Health
Association, 1996.
Method 5310 B, TOC, Combustion-Infrared Method,
ILLINOIS REGISTER
21553
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
referenced in Section 611.381.
Method 5310 C, TOC, Persulfate-Ultraviolet Oxidation
Method, referenced in Section 611.381.
Method 5310 D, TOC, Wet-Oxidation Method, referenced
in Section 611.381.
"Standard Methods for the Examination of Water and
Wastewater," 20th Edition, 1998 (referred to as "Standard Methods,
20th ed.").
Method 2130 B, Turbidity, Nephelometric Method,
referenced in Section 611.531.
Method 2320 B, Alkalinity, Titration Method, referenced in
Section 611.611.
Method 2510 B, Conductivity, Laboratory Method,
referenced in Section 611.611.
Method 2550, Temperature, Laboratory, and Field
Methods, referenced in Section 611.611.
Method 3120 B, Metals by Plasma Emission Spectroscopy,
Inductively Coupled Plasma (ICP) Method, referenced in
Sections 611.611 and 611.612.
Method 3125, Metals by Inductively Coupled Plasma/Mass
Spectrometry, referenced in Section 611.720.
Method 3500-Ca B, Calcium, EDTA Titrimetric Method,
referenced in Section 611.611.
Method 3500-Mg B, Magnesium, EDTA Titrimetric
Method, referenced in Section 611.611.
Method 4110 B, Determination of Anions by Ion
Chromatography, Ion Chromatography with Chemical
ILLINOIS REGISTER
21554
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Suppression of Eluent Conductivity, referenced in Section
611.611.
Method 4500-CN- C, Cyanide, Total Cyanide after
Distillation, referenced in Section 611.611.
Method 4500-CN- E, Cyanide, Colorimetric Method,
referenced in Section 611.611.
Method 4500-CN F, Cyanide, Cyanide-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-CN- G, Cyanide, Cyanides Amenable to
Chlorination after Distillation, referenced in Section
611.611.
Method 4500-Cl D, Chlorine, Amperometric Titration
Method, referenced in Section 611.531.
Method 4500-Cl E, Chlorine, Low-Level Amperometric
Titration Method, referenced in Section 611.531.
Method 4500-Cl F, Chlorine, DPD Ferrous Titrimetric
Method, referenced in Section 611.531.
Method 4500-Cl G, Chlorine, DPD Colorimetric Method,
referenced in Section 611.531.
Method 4500-Cl H, Chlorine, Syringaldazine (FACTS)
Method, referenced in Section 611.531.
Method 4500-Cl I, Chlorine, Iodometric Electrode Method,
referenced in Section 611.531.
Method 4500-ClO2 C, Chlorine Dioxide, Amperometric
Method I, referenced in Section 611.531.
Method 4500-ClO2 D, Chlorine Dioxide, DPD Method,
referenced in Section 611.531.
ILLINOIS REGISTER
21555
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 4500-ClO2 E, Chlorine Dioxide, Amperometric
Method II (Proposed), referenced in Section 611.531.
Method 4500-F- B, Fluoride, Preliminary Distillation Step,
referenced in Section 611.611.
Method 4500-F- C, Fluoride, Ion-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-F- D, Fluoride, SPADNS Method, referenced
in Section 611.611.
Method 4500-F- E, Fluoride, Complexone Method,
referenced in Section 611.611.
Method 4500-H+ B, pH Value, Electrometric Method,
referenced in Section 611.611.
Method 4500-NO2- B, Nitrogen (Nitrite), Colorimetric
Method, referenced in Section 611.611.
Method 4500-NO3- D, Nitrogen (Nitrate), Nitrate Electrode
Method, referenced in Section 611.611.
Method 4500-NO3- E, Nitrogen (Nitrate), Cadmium
Reduction Method, referenced in Section 611.611.
Method 4500-NO3- F, Nitrogen (Nitrate), Automated
Cadmium Reduction Method, referenced in Section
611.611.
Method 4500-O3 B, Ozone (Residual) (Proposed), Indigo
Colorimetric Method, referenced in Section 611.531.
Method 4500-P E, Phosphorus, Ascorbic Acid Method,
referenced in Section 611.611.
ILLINOIS REGISTER
21556
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 4500-P F, Phosphorus, Automated Ascorbic Acid
Reduction Method, referenced in Section 611.611.
Method 4500-SiO2 C, Silica, Molybdosilicate Method,
referenced in Section 611.611.
Method 4500-SiO2 D, Silica, Heteropoly Blue Method,
referenced in Section 611.611.
Method 4500-SiO2 E, Silica, Automated Method for
Molybdate-Reactive Silica, referenced in Section 611.611.
Method 5310 B, TOC, Combustion-Infrared Method,
referenced in Section 611.381.
Method 5310 C, TOC, Persulfate-Ultraviolet Oxidation
Method, referenced in Section 611.381.
Method 5310 D, TOC, Wet-Oxidation Method, referenced
in Section 611.381.
Method 5910 B, UV-Absorbing Organic Constituents,
Ultraviolet Absorption Method, referenced in Sections
611.381 and 611.382.
Method 6251 B, Disinfection By-Products: Haloacetic
Acids and Trichlorophenol, Micro Liquid-Liquid
Extraction Gas Chromatographic Method, referenced in
Section 611.381.
Method 6610 B, Carbamate Pesticide Method, referenced
in Section 611.645.
Method 6651 B, Glyphosate Herbicide, Liquid
Chromatographic Post-Column Fluorescence Method,
referenced in Section 611.645.
ILLINOIS REGISTER
21557
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 7110 B, Gross Alpha and Gross Beta
Radioactivity, Evaporation Method for Gross Alpha-Beta,
referenced in Section 611.720.
Method 7110 C, Gross Alpha and Beta Radioactivity
(Total, Suspended, and Dissolved), Coprecipitation Method
for Gross Alpha Radioactivity in Drinking Water
(Proposed), referenced in Section 611.720.
Method 7120, Gamma-Emitting Radionuclides, referenced
in Section 611.720.
Method 7500-Cs B, Radioactive Cesium, Precipitation
Method, referenced in Section 611.720.
Method 7500-3H B, Tritium, Liquid Scintillation
Spectrometric Method, referenced in Section 611.720.
Method 7500-I B, Radioactive Iodine, Precipitation
Method, referenced in Section 611.720.
Method 7500-I C, Radioactive Iodine, Ion-Exchange
Method, referenced in Section 611.720.
Method 7500-I D, Radioactive Iodine, Distillation Method,
referenced in Section 611.720.
Method 7500-Ra B, Radium, Precipitation Method,
referenced in Section 611.720.
Method 7500-Ra C, Radium, Emanation Method,
referenced in Section 611.720.
Method 7500-Ra D, Radium, Sequential Precipitation
Method, referenced in Section 611.720.
Method 7500-Sr B, Total Radioactive Strontium and
Strontium 90, Precipitation Method, referenced in Section
611.720.
ILLINOIS REGISTER
21558
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 7500-U B, Uranium, Radiochemical Method,
referenced in Section 611.720.
Method 7500-U C, Uranium, Isotopic Method, referenced
in Section 611.720.
Method 9060 A, Samples, Collection, referenced in Section
611.1052.
Method 9215 B, Heterotrophic Plate Count, Pour Plate
Method, referenced in Section 611.531.
Method 9221 A, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Introduction,
referenced in Sections 611.526 and 611.531.
Method 9221 B, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Standard Total
Coliform Fermentation Technique, referenced in Sections
611.526, 611.531, and 611.1052.
Method 9221 C, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Estimation of
Bacterial Density, referenced in Sections 611.526, 611.531,
and 611.1052.
Method 9221 D, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Presence-Absence (PA) Coliform Test, referenced in Sections 611.526 and
611.1052.
Method 9221 E, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Fecal Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9221 F, Multiple-Tube Fermentation Technique for
Members of the Coliform Group, Escherichia Coli
Procedure (Proposed), referenced in Section 611.802.
ILLINOIS REGISTER
21559
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Method 9222 A, Membrane Filter Technique for Members
of the Coliform Group, Introduction, referenced in Sections
611.526 and 611.531.
Method 9222 B, Membrane Filter Technique for Members
of the Coliform Group, Standard Total Coliform Membrane
Filter Procedure, referenced in Sections 611.526, 611.531,
and 611.1052.
Method 9222 C, Membrane Filter Technique for Members
of the Coliform Group, Delayed-Incubation Total Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9222 D, Membrane Filter Technique for Members
of the Coliform Group, Fecal Coliform Membrane Filter
Procedure, referenced in Section 611.531.
Method 9222 G, Membrane Filter Technique for Members
of the Coliform Group, MF Partition Procedures,
referenced in Section 611.526.
Method 9223, Chromogenic Substrate Coliform Test (also
referred to as the variations "Autoanalysis Colilert® Test
System" and "ColisureTM Test"), referenced in Sections
611.526 and 611.531.
Method 9223 B, Chromogenic Substrate Coliform Test
(also referred to as the variations "Autoanalysis Colilert®
Test System" and "ColisureTM Test"), referenced in
Sections 611.526, 611.802, 611.1004, and 611.1052.
Method 9230 B, Fecal Streptococcus and Enterococcus
Groups, Multiple Tube Techniques, referenced in Section
611.802.
Method 9230 C, Fecal Streptococcus and Enterococcus
Groups, Membrane Filter Techniques, referenced in
Section 611.802.
ILLINOIS REGISTER
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"Standard Methods for the Examination of Water and
Wastewater," 21st Edition, 2005 (referred to as "Standard Methods,
21st ed.").
Method 2130 B, Turbidity, Nephelometric Method,
referenced in Section 611.531.
Method 2320 B, Alkalinity, Titration Method, referenced in
Section 611.611.
Method 2510 B, Conductivity, Laboratory Method,
referenced in Section 611.611.
Method 2550, Temperature, Laboratory, and Field
Methods, referenced in Section 611.611.
Method 3111 B, Metals by Flame Atomic Absorption
Spectrometry, Direct Air-Acetylene Flame Method,
referenced in Sections 611.611 and 611.612.
Method 3111 D, Metals by Flame Atomic Absorption
Spectrometry, Direct Nitrous Oxide-Acetylene Flame
Method, referenced in Section 611.611.
Method 3112 B, Metals by Cold-Vapor Atomic Absorption
Spectrometry, Cold-Vapor Atomic Absorption
Spectrometric Method, referenced in Section 611.611.
Method 3113 B, Metals by Electrothermal Atomic
Absorption Spectrometry, Electrothermal Atomic
Absorption Spectrometric Method, referenced in Sections
611.611 and 611.612.
Method 3114 B, Metals by Hydride Generation/Atomic
Absorption Spectrometry, Manual Hydride
Generation/Atomic Absorption Spectrometric Method,
referenced in Section 611.611.
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Method 3120 B, Metals by Plasma Emission Spectroscopy,
Inductively Coupled Plasma (ICP) Method, referenced in
Sections 611.611 and 611.612.
Method 3125, Metals by Inductively Coupled Plasma/Mass
Spectrometry, referenced in Section 611.720.
Method 3500-Ca B, Calcium, EDTA Titrimetric Method,
referenced in Section 611.611.
Method 3500-Mg B, Magnesium, Calculation Method,
referenced in Section 611.611.
Method 4110 B, Determination of Anions by Ion
Chromatography, Ion Chromatography with Chemical
Suppression of Eluent Conductivity, referenced in Section
611.611.
Method 4500-Cl D, Chlorine, Amperometric Titration
Method, referenced in Section 611.381.
Method 4500-Cl E, Chlorine, Low-Level Amperometric
Titration Method, referenced in Section 611.381.
Method 4500-Cl F, Chlorine, DPD Ferrous Titrimetric
Method, referenced in Section 611.381.
Method 4500-Cl G, Chlorine, DPD Colorimetric Method,
referenced in Section 611.381.
Method 4500-Cl H, Chlorine, Syringaldazine (FACTS)
Method, referenced in Section 611.381.
Method 4500-Cl I, Chlorine, Iodometric Electrode Method,
referenced in Section 611.381.
Method 4500-ClO2 C, Chlorine Dioxide, Amperometric
Method I, referenced in Section 611.531.
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Method 4500-ClO2 E, Chlorine Dioxide, Amperometric
Method II (Proposed), referenced in Section 611.381.
Method 4500-CN- E, Cyanide, Colorimetric Method,
referenced in Section 611.611.
Method 4500-CN- F, Cyanide, Cyanide-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-CN- G, Cyanide, Cyanides Amenable to
Chlorination after Distillation, referenced in Section
611.611.
Method 4500-F- B, Fluoride, Preliminary Distillation Step,
referenced in Section 611.611.
Method 4500-F- C, Fluoride, Ion-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-F- D, Fluoride, SPADNS Method, referenced
in Section 611.611.
Method 4500-F- E, Fluoride, Complexone Method,
referenced in Section 611.611.
Method 4500-H+ B, pH Value, Electrometric Method,
referenced in Section 611.611.
Method 4500-NO2- B, Nitrogen (Nitrite), Colorimetric
Method, referenced in Section 611.611.
Method 4500-NO3- D, Nitrogen (Nitrate), Nitrate Electrode
Method, referenced in Section 611.611.
Method 4500-NO3- E, Nitrogen (Nitrate), Cadmium
Reduction Method, referenced in Section 611.611.
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Method 4500-NO3- F, Nitrogen (Nitrate), Automated
Cadmium Reduction Method, referenced in Section
611.611.
Method 4500-O3 B, Ozone (Residual) (Proposed), Indigo
Colorimetric Method, referenced in Section 611.531.
Method 4500-P E, Phosphorus, Ascorbic Acid Method,
referenced in Section 611.611.
Method 4500-P F, Phosphorus, Automated Ascorbic Acid
Reduction Method, referenced in Section 611.611.
Method 4500-SiO2 C, Silica, Molybdosilicate Method,
referenced in Section 611.611.
Method 4500-SiO2 D, Silica, Heteropoly Blue Method,
referenced in Section 611.611.
Method 4500-SiO2 E, Silica, Automated Method for
Molybdate-Reactive Silica, referenced in Section 611.611.
Method 5310 B, TOC, Combustion-Infrared Method,
referenced in Section 611.381.
Method 5310 C, TOC, Persulfate-Ultraviolet Oxidation
Method, referenced in Section 611.381.
Method 5310 D, TOC, Wet-Oxidation Method, referenced
in Section 611.381.
Method 5910 B, UV-Absorbing Organic Constituents,
Ultraviolet Absorption Method, referenced in Sections
611.381 and 611.382.
Method 6251 B, Disinfection By-Products: Haloacetic
Acids and Trichlorophenol, Micro Liquid-Liquid
Extraction Gas Chromatography Method, referenced in
Section 611.381.
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Method 6610 B, Carbamate Pesticide Method, HighPerformance Liquid Chromatographic Method, referenced
in Section 611.645.
Method 6640 B, Acidic Herbicide Compounds, Micro
Liquid-Liquid Extraction Gas Chromatographic Method,
referenced in Section 611.645.
Method 6651 B, Glyphosate Herbicide, Liquid
Chromatographic Post-Column Fluorescence Method,
referenced in Section 611.645.
Method 7110 B, Gross Alpha and Gross Beta
Radioactivity, Evaporation Method for Gross Alpha-Beta,
referenced in Section 611.720.
Method 7110 C, Gross Alpha and Beta Radioactivity
(Total, Suspended, and Dissolved), Coprecipitation Method
for Gross Alpha Radioactivity in Drinking Water
(Proposed), referenced in Section 611.720.
Method 7120, Gamma-Emitting Radionuclides, referenced
in Section 611.720.
Method 7500-Cs B, Radioactive Cesium, Precipitation
Method, referenced in Section 611.720.
Method 7500-3H B, Tritium, Liquid Scintillation
Spectrometric Method, referenced in Section 611.720.
Method 7500-I B, Radioactive Iodine, Precipitation
Method, referenced in Section 611.720.
Method 7500-I C, Radioactive Iodine, Ion-Exchange
Method, referenced in Section 611.720.
Method 7500-I D, Radioactive Iodine, Distillation Method,
referenced in Section 611.720.
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Method 7500-Ra B, Radium, Precipitation Method,
referenced in Section 611.720.
Method 7500-Ra C, Radium, Emanation Method,
referenced in Section 611.720.
Method 7500-Ra D, Radium, Sequential Precipitation
Method, referenced in Section 611.720.
Method 7500-Sr B, Total Radioactive Strontium and
Strontium 90, Precipitation Method, referenced in Section
611.720.
Method 7500-U B, Uranium, Radiochemical Method,
referenced in Section 611.720.
Method 7500-U C, Uranium, Isotopic Method, referenced
in Section 611.720.
Method 9060 A, Samples, Collection, referenced in Section
611.1052.
Method 9215 B, Heterotrophic Plate Count, Pour Plate
Method, referenced in Section 611.531.
Method 9221 A, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Introduction,
referenced in Sections 611.526 and 611.531.
Method 9221 B, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Standard Total
Coliform Fermentation Technique, referenced in Sections
611.526, 611.531, and 611.1052.
Method 9221 C, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Estimation of
Bacterial Density, referenced in Sections 611.526, 611.531,
and 611.1052.
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Method 9221 D, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Presence-Absence (PA) Coliform Test, referenced in Section 611.526 and
611.1052.
Method 9221 E, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Fecal Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9221 F, Multiple-Tube Fermentation Technique for
Members of the Coliform Group, Escherichia Coli
Procedure (Proposed), referenced in Section 611.802.
Method 9222 A, Membrane Filter Technique for Members
of the Coliform Group, Introduction, referenced in Sections
611.526 and 611.531.
Method 9222 B, Membrane Filter Technique for Members
of the Coliform Group, Standard Total Coliform Membrane
Filter Procedure, referenced in Sections 611.526, 611.531,
and 611.1052.
Method 9222 C, Membrane Filter Technique for Members
of the Coliform Group, Delayed-Incubation Total Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9222 D, Membrane Filter Technique for Members
of the Coliform Group, Fecal Coliform Membrane Filter
Procedure, referenced in Section 611.531.
Method 9222 G, Membrane Filter Technique for Members
of the Coliform Group, MF Partition Procedures,
referenced in Section 611.526.
Method 9223, Chromogenic Substrate Coliform Test (also
referred to as the variations "Autoanalysis Colilert® Test
System" and "ColisureTM Test"), referenced in Sections
611.526 and 611.531.
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Method 9223 B, Chromogenic Substrate Coliform Test
(also referred to as the variations "AutoanalysisColilert®
Test, System" and "ColisureTM Test," and "Colilert-18®
Test", based on the particular medium used, available from
IDEXX Laboratories, Inc.), referenced in Sections 611.526,
611.802, 611.1004, and 611.1052.
BOARD NOTE: See the Board note appended to Standard
Methods Online in this Section about methods that appear in
Standard Methods, 21st ed. which USEPA has cited as available
from Standard Methods Online.
"Standard Methods for the Examination of Water and
Wastewater," 22nd Edition, 2012 (referred to as "Standard
Methods, 22nd ed."). See the methods listed separately for the
same references under American Waterworks Association.
Method 2130 B, Turbidity, Nephelometric Method,
referenced in Section 611.531.
Method 2320 B, Alkalinity, Titration Method, referenced in
Section 611.611.
Method 2510 B, Conductivity, Laboratory Method,
referenced in Section 611.611.
Method 2550, Temperature, Laboratory, and Field
Methods, referenced in Section 611.611.
Method 3111 B, Metals by Flame Atomic Absorption
Spectrometry, Direct Air-Acetylene Flame Method,
referenced in Sections 611.611 and 611.612.
Method 3111 D, Metals by Flame Atomic Absorption
Spectrometry, Direct Nitrous Oxide-Acetylene Flame
Method, referenced in Section 611.611.
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Method 3112 B, Metals by Cold-Vapor Atomic Absorption
Spectrometry, Cold-Vapor Atomic Absorption
Spectrometric Method, referenced in Section 611.611.
Method 3113 B, Metals by Electrothermal Atomic
Absorption Spectrometry, Electrothermal Atomic
Absorption Spectrometric Method, referenced in Sections
611.611 and 611.612.
Method 3114 B, Metals by Hydride Generation/Atomic
Absorption Spectrometry, Manual Hydride
Generation/Atomic Absorption Spectrometric Method,
referenced in Section 611.611.
Method 3120 B, Metals by Plasma Emission Spectroscopy,
Inductively Coupled Plasma (ICP) Method, referenced in
Sections 611.611 and 611.612.
Method 3500-Ca B, Calcium, EDTA Titrimetric Method,
referenced in Section 611.611.
Method 3500-Mg B, Magnesium, Calculation Method,
referenced in Section 611.611.
Method 4110 B, Determination of Anions by Ion
Chromatography, Ion Chromatography with Chemical
Suppression of Eluent Conductivity, referenced in Section
611.611.
Method 4500-Cl D, Chlorine, Amperometric Titration
Method, referenced in Section 611.381.
Method 4500-Cl E, Chlorine, Low-Level Amperometric
Titration Method, referenced in Section 611.381.
Method 4500-Cl F, Chlorine, DPD Ferrous Titrimetric
Method, referenced in Section 611.381.
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Method 4500-Cl G, Chlorine, DPD Colorimetric Method,
referenced in Section 611.381.
Method 4500-Cl H, Chlorine, Syringaldazine (FACTS)
Method, referenced in Section 611.381.
Method 4500-Cl I, Chlorine, Iodometric Electrode Method,
referenced in Section 611.381.
Method 4500-ClO2 C, Chlorine Dioxide, Amperometric
Method I, referenced in Section 611.531.
Method 4500-ClO2 E, Chlorine Dioxide, Amperometric
Method II (Proposed), referenced in Section 611.381.
Method 4500-CN- E, Cyanide, Colorimetric Method,
referenced in Section 611.611.
Method 4500-CN- F, Cyanide, Cyanide-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-CN- G, Cyanide, Cyanides Amenable to
Chlorination after Distillation, referenced in Section
611.611.
Method 4500-F- B, Fluoride, Preliminary Distillation Step,
referenced in Section 611.611.
Method 4500-F- C, Fluoride, Ion-Selective Electrode
Method, referenced in Section 611.611.
Method 4500-F- D, Fluoride, SPADNS Method, referenced
in Section 611.611.
Method 4500-F- E, Fluoride, Complexone Method,
referenced in Section 611.611.
Method 4500-H+ B, pH Value, Electrometric Method,
referenced in Section 611.611.
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Method 4500-NO2- B, Nitrogen (Nitrite), Colorimetric
Method, referenced in Section 611.611.
Method 4500-NO3- D, Nitrogen (Nitrate), Nitrate Electrode
Method, referenced in Section 611.611.
Method 4500-NO3- E, Nitrogen (Nitrate), Cadmium
Reduction Method, referenced in Section 611.611.
Method 4500-NO3- F, Nitrogen (Nitrate), Automated
Cadmium Reduction Method, referenced in Section
611.611.
Method 4500-O3 B, Ozone (Residual) (Proposed), Indigo
Colorimetric Method, referenced in Section 611.531.
Method 4500-P E, Phosphorus, Ascorbic Acid Method,
referenced in Section 611.611.
Method 4500-P F, Phosphorus, Automated Ascorbic Acid
Reduction Method, referenced in Section 611.611.
Method 4500-SiO2 C, Silica, Molybdosilicate Method,
referenced in Section 611.611.
Method 4500-SiO2 D, Silica, Heteropoly Blue Method,
referenced in Section 611.611.
Method 4500-SiO2 E, Silica, Automated Method for
Molybdate-Reactive Silica, referenced in Section 611.611.
Method 5310 B, TOC, Combustion-Infrared Method,
referenced in Section 611.381.
Method 5310 C, TOC, Persulfate-Ultraviolet Oxidation
Method, referenced in Section 611.381.
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Method 5310 D, TOC, Wet-Oxidation Method, referenced
in Section 611.381.
Method 5910 B, UV-Absorbing Organic Constituents,
Ultraviolet Absorption Method, referenced in Sections
611.381 and 611.382.
Method 6251 B, Disinfection By-Products: Haloacetic
Acids and Trichlorophenol, referenced in Section 611.381.
Method 6610 B, Carbamate Pesticide Method, HighPerformance Liquid Chromatographic Method, referenced
in Section 611.645.
Method 6640 B, Acidic Herbicide Compounds, Micro
Liquid-Liquid Extraction Gas Chromatographic Method,
referenced in Section 611.645.
Method 6651 B, Glyphosate Herbicide, Liquid
Chromatographic Post-Column Fluorescence Method,
referenced in Section 611.645.
Method 7110 B, Gross Alpha and Gross Beta
Radioactivity, Evaporation Method for Gross Alpha-Beta,
referenced in Section 611.720.
Method 7110 C, Gross Alpha and Beta Radioactivity
(Total, Suspended, and Dissolved), Coprecipitation Method
for Gross Alpha Radioactivity in Drinking Water
(Proposed), referenced in Section 611.720.
Method 7120, Gamma-Emitting Radionuclides, referenced
in Section 611.720.
Method 7500-Cs B, Radioactive Cesium, Precipitation
Method, referenced in Section 611.720.
Method 7500-H3 B, Tritium, Liquid Scintillation
Spectrometric Method, referenced in Section 611.720.
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Method 7500-I B, Radioactive Iodine, Precipitation
Method, referenced in Section 611.720.
Method 7500-I C, Radioactive Iodine, Ion-Exchange
Method, referenced in Section 611.720.
Method 7500-I D, Radioactive Iodine, Distillation Method,
referenced in Section 611.720.
Method 7500-Ra B, Radium, Precipitation Method,
referenced in Section 611.720.
Method 7500-Ra C, Radium, Emanation Method,
referenced in Section 611.720.
Method 7500-Ra D, Radium, Sequential Precipitation
Method, referenced in Section 611.720.
Method 7500-Sr B, Total Radioactive Strontium and
Strontium 90, Precipitation Method, referenced in Section
611.720.
Method 7500-U B, Uranium, Radiochemical Method,
referenced in Section 611.720.
Method 7500-U C, Uranium, Isotopic Method, referenced
in Section 611.720.
Method 9060 A, Samples, Collection, referenced in Section
611.1052.
Method 9215 B, Heterotrophic Plate Count, Pour Plate
Method, referenced in Section 611.531.
Method 9221 A, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Introduction,
referenced in Sections 611.526 and 611.531.
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Method 9221 B, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Standard Total
Coliform Fermentation Technique, referenced in Sections
611.526, 611.531, and 611.1052.
Method 9221 C, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Estimation of
Bacterial Density, referenced in Sections 611.526 and
611.531.
Method 9221 E, Multiple-Tube Fermentation Technique
for Members of the Coliform Group, Fecal Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9221 F, Multiple-Tube Fermentation Technique for
Members of the Coliform Group, Escherichia Coli
Procedure (Proposed), referenced in Section 611.802 and
611.1052.
Method 9222 A, Membrane Filter Technique for Members
of the Coliform Group, Introduction, referenced in Sections
611.526 and 611.531.
Method 9222 B, Membrane Filter Technique for Members
of the Coliform Group, Standard Total Coliform Membrane
Filter Procedure, referenced in Sections 611.526 and
611.531.
Method 9222 C, Membrane Filter Technique for Members
of the Coliform Group, Delayed-Incubation Total Coliform
Procedure, referenced in Sections 611.526 and 611.531.
Method 9222 D, Membrane Filter Technique for Members
of the Coliform Group, Fecal Coliform Membrane Filter
Procedure, referenced in Section 611.531.
Method 9223 B, Chromogenic Substrate Coliform Test
(also referred to as the variations "Autoanalysis Colilert®
Test, System" and "ColisureTM Test," and "Colilert-18®
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Test", based on the particular medium used, available from
IDEXX Laboratories, Inc.), referenced in Sections 611.526,
611.802, 611.1004, and 611.1052.
BOARD NOTE: See the Board note appended to Standard
Methods Online in this Section about methods that appear in
Standard Methods, 22nd ed., which USEPA has cited as available
from Standard Methods Online.
BOARD NOTE: Individual Methods from Standard Methods are
available online from Standard Methods Online.
ASTM. American Society for Testing and Materials, 100 Barr Harbor
Drive, West Conshohocken, PA 19428-2959 (610-832-9585).
ASTM Method D511-93 A and B, "Standard Test Methods for
Calcium and Magnesium in Water," "Test Method A −
Complexometric Titration" & "Test Method B − Atomic
Absorption Spectrophotometric," approved 1993, referenced in
Section 611.611.
ASTM Method D511-03 A and B, "Standard Test Methods for
Calcium and Magnesium in Water," "Test Method A −
Complexometric Titration" & "Test Method B − Atomic
Absorption Spectrophotometric," approved 2003, referenced in
Section 611.611.
ASTM Method D511-09 A and B, "Standard Test Methods for
Calcium and Magnesium in Water," "Test Method A −
Complexometric Titration" & "Test Method B − Atomic
Absorption Spectrophotometric," approved 2009, referenced in
Section 611.611.
ASTM Method D515-88 A, "Standard Test Methods for
Phosphorus in Water," "Test Method A − Colorimetric Ascorbic
Acid Reduction," approved August 19, 1988, referenced in Section
611.611.
ASTM Method D859-94, "Standard Test Method for Silica in
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Water," approved 1994, referenced in Section 611.611.
ASTM Method D859-00, "Standard Test Method for Silica in
Water," approved 2000, referenced in Section 611.611.
ASTM Method D859-05, "Standard Test Method for Silica in
Water," approved 2005, referenced in Section 611.611.
ASTM Method D859-10, "Standard Test Method for Silica in
Water," approved 2010, referenced in Section 611.611.
ASTM Method D1067-92 B, "Standard Test Methods for Acidity
or Alkalinity in Water," "Test Method B − Electrometric or ColorChange Titration," approved May 15, 1992, referenced in Section
611.611.
ASTM Method D1067-02 B, "Standard Test Methods for Acidity
or Alkalinity in Water," "Test Method B − Electrometric or ColorChange Titration," approved in 2002, referenced in Section
611.611.
ASTM Method D1067-06 B, "Standard Test Methods for Acidity
or Alkalinity in Water," "Test Method B − Electrometric or ColorChange Titration," approved in 2006, referenced in Section
611.611.
ASTM Method D1067-11 B, "Standard Test Methods for Acidity
or Alkalinity in Water," "Test Method B − Electrometric or ColorChange Titration," approved in 2011, referenced in Section
611.611.
ASTM Method D1125-95 (1999) A, "Standard Test Methods for
Electrical Conductivity and Resistivity of Water," "Test Method A
− Field and Routine Laboratory Measurement of Static (NonFlowing) Samples," approved 1995, reapproved 1999, referenced
in Section 611.611.
ASTM Method D1179-93 B, "Standard Test Methods for Fluoride
in Water," "Test Method B − Ion Selective Electrode," approved
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1993, referenced in Section 611.611.
ASTM Method D1179-99 B, "Standard Test Methods for Fluoride
in Water," "Test Method B − Ion Selective Electrode," approved
1999, referenced in Section 611.611.
ASTM Method D1179-04 B, "Standard Test Methods for Fluoride
in Water," "Test Method B − Ion Selective Electrode," approved
2004, referenced in Section 611.611.
ASTM Method D1179-10 B, "Standard Test Methods for Fluoride
in Water," "Test Method B − Ion Selective Electrode," approved
2010, referenced in Section 611.611.
ASTM Method D1253-86, "Standard Test Method for Residual
Chlorine in Water," reapproved 1992, referenced in Section
611.381.
ASTM Method D1253-96, "Standard Test Method for Residual
Chlorine in Water," approved 1996, referenced in Section 611.381.
ASTM Method D1253-03, "Standard Test Method for Residual
Chlorine in Water," approved 2003, referenced in Sections 611.381
and 611.531.
ASTM Method D1253-08, "Standard Test Method for Residual
Chlorine in Water," approved 2008, referenced in Sections 611.381
and 611.531.
ASTM Method D1293-95 A or B, "Standard Test Methods for pH
of Water," "Test Method A − Precise Laboratory Measurement" &
"Test Method B − Routine or Continuous Measurement," approved
1995, referenced in Section 611.611.
ASTM Method D1293-99 A or B, "Standard Test Methods for pH
of Water," "Test Method A − Precise Laboratory Measurement" &
"Test Method B − Routine or Continuous Measurement," approved
1999, referenced in Section 611.611.
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ASTM Method D1293-12, "Standard Test Methods for pH of
Water," approved 2012, referenced in Section 611.611.
ASTM Method D1688-95 A or C, "Standard Test Methods for
Copper in Water," "Test Method A − Atomic Absorption, Direct"
& "Test Method C −Atomic Absorption, Graphite Furnace,"
approved 1995, referenced in Section 611.611.
ASTM Method D1688-02 A or C, "Standard Test Methods for
Copper in Water," "Test Method A − Atomic Absorption, Direct"
& "Test Method C − Atomic Absorption, Graphite Furnace,"
approved 2002, referenced in Section 611.611.
ASTM Method D1688-07 A or C, "Standard Test Methods for
Copper in Water," "Test Method A − Atomic Absorption, Direct"
& "Test Method C − Atomic Absorption, Graphite Furnace,"
approved 2007, referenced in Section 611.611.
ASTM Method D2036-98 A or B, "Standard Test Methods for
Cyanide in Water," "Test Method A − Total Cyanides after
Distillation" & "Test Method B − Cyanides Amenable to
Chlorination by Difference," approved 1998, referenced in Section
611.611.
ASTM Method D2036-06 A or B, "Standard Test Methods for
Cyanide in Water," "Test Method A − Total Cyanides after
Distillation" & "Test Method B − Cyanides Amenable to
Chlorination by Difference," approved 2006, referenced in Section
611.611.
ASTM Method D2459-72, "Standard Test Method for Gamma
Spectrometry in Water," approved July 28, 1972, discontinued
1988, referenced in Section 611.720.
ASTM Method D2460-97, "Standard Test Method for
Radionuclides of Radium in Water," approved 1997, referenced in
Section 611.720.
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ASTM Method D2460-07, "Standard Test Method for
Radionuclides of Radium in Water," approved 2007, referenced in
Section 611.720.
ASTM Method D2907-97, "Standard Test Methods for
Microquantities of Uranium in Water by Fluorometry, approved
19971991, referenced in Section 611.720.
ASTM Method D2972-97 B or C, "Standard Test Methods for
Arsenic in Water," "Test Method B − Atomic Absorption, Hydride
Generation" & "Test Method C − Atomic Absorption, Graphite
Furnace," approved 1997, referenced in Section 611.611.
ASTM Method D2972-03 B or C, "Standard Test Methods for
Arsenic in Water," "Test Method B − Atomic Absorption, Hydride
Generation" & "Test Method C − Atomic Absorption, Graphite
Furnace," approved 2003, referenced in Section 611.611.
ASTM Method D2972-08 B or C, "Standard Test Methods for
Arsenic in Water," "Test Method B − Atomic Absorption, Hydride
Generation" & "Test Method C − Atomic Absorption, Graphite
Furnace," approved 2008, referenced in Section 611.611.
ASTM Method D3223-97, "Standard Test Method for Total
Mercury in Water," approved 1997, referenced in Section 611.611.
ASTM Method D3223-02, "Standard Test Method for Total
Mercury in Water," approved 2002, referenced in Section 611.611.
ASTM Method D3223-12, "Standard Test Method for Total
Mercury in Water," approved 2012, referenced in Section 611.611.
ASTM Method D3454-97, "Standard Test Method for Radium-226
in Water," approved 1997, referenced in Section 611.720.
ASTM Method D3454-05, "Standard Test Method for Radium-226
in Water," approved 2005, referenced in Section 611.720.
ASTM Method D3559-96 D, "Standard Test Methods for Lead in
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Water," "Test Method D − Atomic Absorption, Graphite Furnace,"
approved August 6, 1990, referenced in Section 611.611.
ASTM Method D3559-03 D, "Standard Test Methods for Lead in
Water," "Test Method D − Atomic Absorption, Graphite Furnace,"
approved 2003, referenced in Section 611.611.
ASTM Method D3559-08 D, "Standard Test Methods for Lead in
Water," "Test Method D − Atomic Absorption, Graphite Furnace,"
approved 2008, referenced in Section 611.611.
ASTM Method D3645-97 B, "Standard Test Methods for
Beryllium in Water," "Method B − Atomic Absorption, Graphite
Furnace," approved 1997, referenced in Section 611.611.
ASTM Method D3645-03 B, "Standard Test Methods for
Beryllium in Water," "Method B − Atomic Absorption, Graphite
Furnace," approved 2003, referenced in Section 611.611.
ASTM Method D3645-08 B, "Standard Test Methods for
Beryllium in Water," "Method B − Atomic Absorption, Graphite
Furnace," approved 2008, referenced in Section 611.611.
ASTM Method D3649-91, "Standard Test Method for HighResolution Gamma-Ray Spectrometry of Water," approved 1991,
referenced in Section 611.720.
ASTM Method D3649-98a, "Standard Test Method for HighResolution Gamma-Ray Spectrometry of Water," approved 1998,
referenced in Section 611.720.
ASTM Method D3649-06, "Standard Test Method for HighResolution Gamma-Ray Spectrometry of Water," approved 2006,
referenced in Section 611.720.
ASTM Method D3697-92, "Standard Test Method for Antimony in
Water," approved 1992, referenced in Section 611.611.
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ASTM Method D3697-02, "Standard Test Method for Antimony in
Water," approved 2002, referenced in Section 611.611.
ASTM Method D3697-07, "Standard Test Method for Antimony in
Water," approved 2007, referenced in Section 611.611.
ASTM Method D3859-98 A and B, "Standard Test Methods for
Selenium in Water" "Method A − Atomic Absorption, Hydride
Method" & "Method B – Atomic Absorbtion, Graphite Furnace,"
approved 1998, referenced in Section 611.611.
ASTM Method D3859-03 A and B, "Standard Test Methods for
Selenium in Water," "Method A − Atomic Absorption, Hydride
Method" & "Method B – Atomic Absorbtion, Graphite Furnace,"
approved 2003, referenced in Section 611.611.
ASTM Method D3859-08 A and B, "Standard Test Methods for
Selenium in Water," "Method A − Atomic Absorption, Hydride
Method" & "Method B − Atomic Absorbtion, Graphite Furnace,"
approved 2008, referenced in Section 611.611.
ASTM Method D3867-90 A and B, "Standard Test Methods for
Nitrite-Nitrate in Water," "Test Method A − Automated Cadmium
Reduction" & "Test Method B − Manual Cadmium Reduction,"
approved January 10, 1990, referenced in Section 611.611.
ASTM Method D3972-97, "Standard Test Method for Isotopic
Uranium in Water by Radiochemistry," approved 1997, referenced
in Section 611.720.
ASTM Method D3972-02, "Standard Test Method for Isotopic
Uranium in Water by Radiochemistry," approved 2002, referenced
in Section 611.720.
ASTM Method D3972-09, "Standard Test Method for Isotopic
Uranium in Water by Radiochemistry," approved 2009, referenced
in Section 611.720.
ASTM Method D4107-91, "Standard Test Method for Tritium in
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Drinking Water," approved 1991, referenced in Section 611.720.
ASTM Method D4107-98, "Standard Test Method for Tritium in
Drinking Water," approved 1998, referenced in Section 611.720.
ASTM Method D4107-08, "Standard Test Method for Tritium in
Drinking Water," approved 2008, referenced in Section 611.720.
ASTM Method D4327-97, "Standard Test Method for Anions in
Water by Ion Chromatography," approved 1997, referenced in
Section 611.611.
ASTM Method D4327-03, "Standard Test Method for Anions in
Water by Ion Chromatography," approved 2003, referenced in
Section 611.611.
ASTM Method D4327-11, "Standard Test Method for Anions in
Water by Ion Chromatography," approved 2011, referenced in
Section 611.611.
ASTM Method D4785-93, "Standard Test Method for Low-Level
Iodine-131 in Water," approved 1993, referenced in Section
611.720.
ASTM Method D4785-98, "Standard Test Method for Low-Level
Iodine-131 in Water," approved 1998, referenced in Section
611.720.
ASTM Method D4785-08, "Standard Test Method for Low-Level
Iodine-131 in Water," approved 2008, referenced in Section
611.720.
ASTM Method D5174-97, "Standard Test Method for Trace
Uranium in Water by Pulsed-Laser Phosphorimetry," approved
1997, referenced in Section 611.720.
ASTM Method D5174-02, "Standard Test Method for Trace
Uranium in Water by Pulsed-Laser Phosphorimetry," approved
2002, referenced in Section 611.720.
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ASTM Method D5174-07, "Standard Test Method for Trace
Uranium in Water by Pulsed-Laser Phosphorimetry," approved
2007, referenced in Section 611.720.
ASTM Method D5317-93, "Standard Test Method for
Determination of Chlorinated Organic Acid Compounds in Water
by Gas Chromatography with an Electron Capture Detector,"
approved 1993, referenced in Section 611.645.
ASTM Method D5317-98 (2003), "Standard Test Method for
Determination of Chlorinated Organic Acid Compounds in Water
by Gas Chromatography with an Electron Capture Detector,"
approved 1998 (reapproved 2003), referenced in Section 611.645.
ASTM Method D5673-03, "Standard Test Method for Elements in
Water by Inductively Coupled Plasma – Mass Spectrometry,"
approved 2003, referenced in Section 611.720.
ASTM Method D5673-05, "Standard Test Method for Elements in
Water by Inductively Coupled Plasma − Mass Spectrometry,"
approved 2005, referenced in Section 611.720.
ASTM Method D5673-10, "Standard Test Method for Elements in
Water by Inductively Coupled Plasma − Mass Spectrometry,"
approved 2010, referenced in Section 611.720.
ASTM Method D6239-09, "Standard Test Method for Uranium in
Drinking Water by High-Resolution Alpha-Liquid-Scintillation
Spectrometry," approved 2009, referenced in Section 611.720.
ASTM Method D6508-00(2005), "Standard Test Method for
Determination of Dissolved Inorganic Anions in Aqueous Matrices
Using Capillary Ion Electrophoresis and Chromate Electrolyte,"
approved 2000 (revised 2005), referenced in Section 611.611.
ASTM Method D6581-00, "Standard Test Method for Bromate,
Bromide, Chlorate, and Chlorite in Drinking Water by Chemically
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Suppressed Ion Chromatography," approved 2000, referenced in
Section 611.381.
ASTM Method D6581-08 A and B, "Standard Test Method for
Bromate, Bromide, Chlorate, and Chlorite in Drinking Water by
Suppressed Ion Chromatography," "Test Method A − Chemically
Suppressed Ion Chromatography" & "Test Method B −
Electrolytically Suppressed Ion Chromatography," approved 2008,
referenced in Section 611.381.
ASTM Method D6919-03, "Standard Test Method for
Determination of Dissolved Alkali and Alkaline Earth Cations and
Ammonium in Water and Wastewater by Ion Chromatography,"
approved 2003, referenced in Section 611.611.
ASTM Method D6919-09, "Standard Test Method for
Determination of Dissolved Alkali and Alkaline Earth Cations and
Ammonium in Water and Wastewater by Ion Chromatography,"
approved 2009, referenced in Section 611.611.
ASTM Method D6888-04, "Standard Test Method for Available
Cyanide with Ligand Displacement and Flow Injection Analysis
(FIA) Utilizing Gas Diffusion Separation and Amperometric
Detection," approved 2004, referenced in Section 611.611.
BOARD NOTE: The most recent version of ASTM methods are available
for paid download from the ASTM at www.astm.org. Note that the most
recent version of an ASTM method may not be the version approved for
use by USEPA and incorporated by reference in subsection (b) of this
Section.
Bran & Luebbe, 1025 Busch Parkway, Buffalo Grove, IL 60089.
"Fluoride in Water and Wastewater," Industrial Method #12971W, December 1972 (referred to as "Technicon Methods, Method
#129-71W"). See 40 CFR 141.23(k)(1), footnote 11 (2014)(2012),
referenced in Section 611.611.
"Fluoride in Water and Wastewater," #380-75WE, February 1976
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(referred to as "Technicon Methods, Method #380-75WE"). See
40 CFR 141.23(k)(1), footnote 11 (2014)(2012), referenced in
Section 611.611.
Charm Sciences, Inc., 659 Andover St., Lawrence, MA 01843-1032:
"Charm E*Colite Presence/Absence Test for Detection and
Identification of Coliform Bacteria and Escherichia coli in
Drinking Water," January 9, 1998 (referred to as "E*Colite Test"),
referenced in Section 611.802 and 611.1052 (also available from
USEPA, Water Resource Center).
"Fast Phage Test Procedure. Presence/Absence for Coliphage in
Ground Water with Same Day Positive Prediction," version 009
(Nov. 2012) (referred to as "Charm Fast Phage Test"), referenced
in Section 611.802.
CPI International, Inc., 5580 Skylane Blvd., Santa Rosa, CA 95403 (800878-7654 /fax: 707-545-7901/Internet address:
www.cpiinternational.com).
"Colitag Product as a Test for Detection and Identification of
Coliforms and E. coli Bacteria in Drinking Water and Source
Water as Required in National Primary Drinking Water
Regulations," August 2001, referenced in Section 611.526.
"Modified Colitag™ Test Method for Simultaneous Detection of
E. coli and other Total Coliforms in Water (ATP D05-0035),"
August 2009 (referred to as "Modified Colitag™ TestMethod"),
referenced in Sections 611.526 and 611.802. See also NEMI.
EMD Millipore (division of Merck KGgA, Darmstadt, Germany), 290
Concord Road, Billerica, MA 01821 (800-645-5476 or 781-533-6000).
"Chromocult® Coliform Agar Presence/Absence Membrane Filter
Test Method for Detection and Identification of Coliform Bacteria
and Escherichia coli in Finished Waters," November 2000
(referred to as "Chromocult® Method, Version 1.0"), referenced in
Sections 611.526, 611.802, and 611.1052.
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"Readycult Coliforms 100 Presence/Absence Test for Detection
and Identification of Coliform Bacteria and Escherichia coli in
Finished Waters," November 2000 (referred to as "Readycult®
2000"), Version 1.0, referenced in Section 611.526.
"Readycult Coliforms 100 Presence/Absence Test for Detection
and Identification of Coliform Bacteria and Escherichia coli in
Finished Waters," Version 1.1, January 2007 (referred to as
"Readycult® 2007"), referenced in Section 611.802 and 611.1052.
Georgia Tech Research Institute, Robert Rosson, 925 Dalney Road,
Atlanta, GA 30332 (404-407-6339).
"The Determination of Radium-226 and Radium-228 in Drinking
Water by Gamma-ray Spectrometry Using HPGE or Ge(Li)
Detectors," Revision 1.2, December 2004 (called "Georgia Radium
Method"), referenced in Section 611.720.
Great Lakes Instruments, Inc., 8855 North 55th Street, Milwaukee, WI
53223.
GLI Method 2, "Turbidity," Nov. 2, 1992, referenced in Section
611.531.
H&E Testing Laboratory, 221 State Street, Augusta, ME 04333 (207-2872727).
Method ME355.01, Revision 1, "Determination of Cyanide in
Drinking Water by GC/MS Headspace Analysis," May 2009,
referenced in Section 611.611. See also NEMI.
The Hach Company, P.O. Box 389, Loveland, CO 80539-0389 (800-2274224/Internet address: www.hach.com).
"Lead in Drinking Water by Differential Pulse Anodic Stripping
Voltammetry," Method 1001, August 1999, referenced in Section
611.611.
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"Determination of Turbidity by Laser Nephelometry," January
2000, Revision 2.0 (referred to as "Hach FilterTrak Method
10133"), referenced in Section 611.531.
"Total Coliforms and E. coli Membrane Filtration Method with mColiBlue24® Broth," Method No. 10029, Revision 2, August 17,
1999 (referred to as "m-ColiBlue24 Test"), referenced in Sections
611.802 and 611.1052 (also available from USEPA, Water
Resource Center).
"Fluoride, USEPA SPADNS 2 Method 10225," revision 2.0,
January 2011 (referred to as "Hach SPADNS 2 Method 10225"),
referenced in Section 611.611.
"Hach Company TNTplus 835/836 Nitrate Method 10206 −
Spectrophotometric Measurement of Nitrate in Water and
Wastewater," revision 2.0, January 2011 (referred to as "Hach
TNTplus 835/836 Method 10206"), referenced in Section 611.611.
"Hach Method 10260 − Determination of Chlorinated Oxidants
(Free and Total) in Water Using Disposable Planar Reagent-filled
Cuvettes and Mesofluic Channel Colorimetry," April 2013
(referred to as "Hach Method 10260"), referenced in Sections
611.381 and 611.531.
IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092
(800-321-0207).
"Colisure Presence/Absence Test for Detection and Identification
of Coliform Bacteria and Escherichia Coli in Drinking Water,"
February 28, 1994 (referred to as "ColisureTM Test"), referenced in
Section 611.526.
"IDEXX SimPlate TM HPC Test Method for Heterotrophs in
Water," November 2000 (referred to as "SimPlate method"),
referenced in Section 611.531.
Industrial Test Systems, Inc., 1875 Langston St., Rock Hill, SC 29730.
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Method D99-003, Revision 3.0, "Free Chlorine Species
(HOCl- and OCl-) by Test Strip," November 21, 2003 (referred to
as "ITS Method D99-003"), referenced in Section 611.381.
Lachat Instruments, 6645 W. Mill Rd., Milwaukee, WI 53218 (414-3584200).
"Digestion and distillation of total cyanide in drinking and
wastewaters using MICRO DIST and determination of cyanide by
flow injection analysis," Revision 2.1, November 30, 2000
(referred to as "QuikChem Method 10-204-00-1-X"), referenced in
Section 611.611.
Leck Mitchell, PhD, PE, 656 Independence Valley Dr., Grand Junction,
CO 81507. See also NEMI.
Mitchell Method M5271, "Determination of Turbidity by Laser
Nephelometry," March 2009, referenced in Section 611.531.
Mitchell Method M5331, "Determination of Turbidity by LED
Nephelometry," March 2009, referenced in Section 611.531.
NCRP. National Council on Radiation Protection, 7910 Woodmont Ave.,
Bethesda, MD (301-657-2652).
NCRP Report Number 22, "Maximum Permissible Body Burdens
and Maximum Permissible Concentrations of Radionuclides in Air
and in Water for Occupational Exposure," NCRP Report Number
22, June 5, 1959, referenced in Section 611.101.
NEMI. National Environmental Method Index (on-line at
www.nemi.gov).
AMI Turbiwell Method, "Continuous Measurement of Turbidity
Using a SWAN AMI Turbiwell Turbidimeter," August 2009. See
also SWAN Analytische Instrumente AG.
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Method ME355.01, Revision 1, "Determination of Cyanide in
Drinking Water by GC/MS Headspace Analysis," May 2009,
referenced in Section 611.611. See also H&E Testing Laboratory.
Mitchell Method M5271, "Determination of Turbidity by Laser
Nephelometry," March 2009, referenced in Section 611.531. See
also Leck Mitchell, PhD, PE.
Mitchell Method M5331, "Determination of Turbidity by LED
Nephelometry," March 2009, referenced in Section 611.531. See
also Leck Mitchell, PhD, PE
Modified Colitag™ Method, "Modified Colitag™ Test Method for
Simultaneous Detection of E. coli and other Total Coliforms in
Water (ATP D05-0035)," August 2009, referenced in Sections
611.526 and 611.802. See also CPI International, Inc.
Orion Method AQ4500, "Determination of Turbidity by LED
Nephelometry," May 2009, referenced in Section 611.531. See
also Thermo Scientific.
Palintest ChloroSense, "Measurement of Free and Total Chlorine
in Drinking Water by Palintest ChloroSense," September 2009
(referred to as "Palintest ChloroSense"), referenced in Sections
611.381 and 611.531. See also Palintest.
"Systea Easy (1-Reagent) Nitrate Method," February 2009,
referenced in Section 611.611. See also Systea Scientific, LLC.
NSF. National Sanitation Foundation International, 3475 Plymouth Road,
PO Box 130140, Ann Arbor, Michigan 48113-0140 (734-769-8010).
NSF Standard 61, section 9, November 1998, referenced in
Sections 611.126 and 611.356.
NTIS. National Technical Information Service, U.S. Department of
Commerce, 5301 Shawnee Road, Alexandria, VA 22312 (703-605-6000
or 800-553-6847, www.ntis.gov).
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Dioxin and Furan Method 1613, Revision B, "Tetra- through OctaChlorinated Dioxins and Furans by Isotope Dilution
HRGC/HRMS," October 1994, Revision B, EPA 821/B-94/005,
Doc. No. 94-104774, referenced in Section 611.645. See also
USEPA, NSCEP.
Kelada 01, "Kelada Automated Test Methods for Total Cyanide,
Acid Dissociable Cyanide, and Thiocyanate," Revision 1.2, August
2001, EPA 821/B-01-009, referenced in Section 611.611.
"Maximum Permissible Body Burdens and Maximum Permissible
Concentrations of Radionuclides in Air and in Water for
Occupational Exposure," NBS (National Bureau of Standards)
Handbook 69, as amended August 1963, U.S. Department of
Commerce, referenced in Section 611.330.
"Procedures for Radiochemical Analysis of Nuclear Reactor
Aqueous Solutions," H.L. Krieger and S. Gold, EPA-R4-73-014,
May 1973, Doc. No. PB222-154/7BA, referenced in Section
611.720.
USEPA Asbestos Method 100.1, "Analytical Method for
Determination of Asbestos Fibers in Water," EPA 600/4-83-043,
September 1983, Doc. No. PB83-260471, referenced in Section
611.611. See also USEPA, NSCEP.
USEPA Asbestos Method 100.2, "Determination of Asbestos
Structures over 10-mm in Length in Drinking Water," EPA 600/R94-134, June 1994, Doc. No. PB94-201902, referenced in Section
611.611. See also USEPA, NSCEP.
USEPA Environmental Inorganic Methods, "Methods for the
Determination of Inorganic Substances in Environmental
Samples," August 1993, EPA 600/R-93-100, Doc. No. PB94121811, referenced in Sections 611.381, 611.531, and 611.611.
(Methods 180.1 (rev. 2.0), 300.0 (rev. 2.1), 335.4 (rev. 1.0), 353.2
(rev. 2.0), and 365.1 (rev. 2.0) only.) See also USEPA, NSCEP.
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USEPA Environmental Metals Methods, "Methods for the
Determination of Metals in Environmental Samples − Supplement
I," May 1994, EPA 600/R-94-111, Doc. No. PB95-125472,
referenced in Sections 611.611, 611.612, and 611.720. (Methods
200.7 (rev. 4.4), 200.8 (rev. 5.3), 200.9 (rev. 2.2), and 245.1 (rev.
3.0) only.) See also USEPA, NSCEP.
USEPA Inorganic Methods, "Methods for Chemical Analysis of
Water and Wastes," March 1983, EPA 600/4-79-020, Doc. No.
PB84-128677, referenced in Section 611.611. (Methods 150.1,
150.2, and 245.2 only.) See also USEPA, NSCEP.
USEPA Interim Radiochemical Methods, "Interim Radiochemical
Methodology for Drinking Water," EPA 600/4-75-008 (revised),
Doc. No. PB253258, March 1976, referenced in Section 611.720.
USEPA OGWDW Methods, Method 326.0, Revision 1.0,
"Determination of Inorganic Oxyhalide Disinfection By-Products
in Drinking Water Using Ion Chromatography Incorporating the
Addition of a Suppressor Acidified Postcolumn Reagent for Trace
Bromate Analysis," June 2002, EPA 815/R-03/007, Doc. No.
PB2003-107402, referenced in Sections 611.381 and 611.382. See
also USEPA, NSCEP and USEPA, OGWDW.
USEPA Organic and Inorganic Methods, "Methods for the
Determination of Organic and Inorganic Compounds in Drinking
Water, Volume 1," August 2000, EPA 815/R-00/014, Doc. No.
PB2000-106981, referenced in Section 611.381. (For methods
300.1 (rev. 1.0), 321.8 (rev. 1.0), and 515.3 (rev. 1.0).) See also
USEPA, NSCEP.
USEPA Organic Methods, "Methods for the Determination of
Organic Compounds in Drinking Water," December 1988 (revised
July 1991), EPA 600/4-88/039, Doc. No. PB91-231480, referenced
in Sections 611.645 and 611.648 (Methods 508A (rev. 1.0) and
515.1 (rev. 4.0) only); "Methods for the Determination of Organic
Compounds in Drinking Water − Supplement I," July 1990, EPA
600/4-90/020, Doc. No. PB91-146027, referenced in Section
611.645 (Methods 547, 550, and 550.1 only); "Methods for the
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Determination of Organic Compounds in Drinking Water −
Supplement II," August 1992, EPA 600/R-92/129, Doc. No. PB92207703, referenced in Sections 611.381 and 611.645. (Methods
548.1 (rev. 1.0), 552.1 (rev. 1.0), and 555 (rev. 1.0) only); and
"Methods for the Determination of Organic Compounds in Drinking
Water − Supplement III," August 1995, EPA 600/R-95/131, Doc.
No. PB95-261616, referenced in Sections 611.381, 611.645, and
611.648 (Methods 502.2 (rev. 2.1), 504.1 (rev. 1.1), 505 (rev. 2.1),
506 (rev. 1.1), 507 (rev. 2.1), 508 (rev. 3.1), 508.1 (rev. 2.0), 515.2
(rev. 1.1), 524.2 (rev. 4.1), 525.2 (rev. 2.0), 531.1 (rev. 3.1), 551.1
(rev. 1.0), and 552.2 (rev. 1.0) only.) See also USEPA, EMSL and
USEPA, NSCEP.
USEPA Radioactivity Methods, "Prescribed Procedures for
Measurement of Radioactivity in Drinking Water," EPA 600/480/032, August 1980, Doc. No. PB80-224744, referenced in
Section 611.720 (Methods 900.0, 901.0, 901.1, 902.0, 903.0,
903.1, 904.0, 905.0, 906.0, 908.0, 908.1). See also USEPA,
NSCEP.
USEPA Radiochemical Analyses, "Radiochemical Analytical
Procedures for Analysis of Environmental Samples," March 1979,
Doc. No. EMSL LV 053917, referenced in Section 611.720.
(Pages 1-5, 19-32, 33-48, 65-73, 87-91, and 92-95 only.)
USEPA Radiochemistry Procedures, "Radiochemistry Procedures
Manual," EPA 520/5-84-006, August 1984, Doc. No. PB84215581, referenced in Section 611.720. (Methods 00-01, 00-02,
00-07, H-02, Ra-03, Ra-04, Ra-05, Sr-04 only.)
USEPA Technical Notes, "Technical Notes on Drinking Water
Methods," EPA 600/R-94/173, October 1994, Doc. No. PB95104766, referenced in Sections 611.531, 611.611, and 611.645.
See also USEPA, NSCEP.
BOARD NOTE: USEPA made the following assertion with
regard to this reference at 40 CFR 141.23(k)(1) and 141.24(e) and
(n)(11) (2014)(2012): "This document contains other analytical
test procedures and approved analytical methods that remain
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available for compliance monitoring until July 1, 1996." Also
available online at
http://nepis.epa.gov/EPA/html/Pubs/pubtitleORD.htm under the
document designation "600R94173."
New Jersey Department of Environment, Division of Environmental
Quality, Bureau of Radiation and Inorganic Analytical Services, 9 Ewing
Street, Trenton, NJ 08625.
"Determination of Radium 228 in Drinking Water," August 1990
(referred to as "New Jersey Radium Method"), referenced in
Section 611.720.
New York Department of Health, Radiological Sciences Institute, Center
for Laboratories and Research, Empire State Plaza, Albany, NY 12201.
"Determination of Ra-226 and Ra-228 (Ra-02)," January 1980,
Revised June 1982 (referred to as "New York Radium Method"),
referenced in Section 611.720.
Palintest, Ltd., 1455 Jamike Avenue, Suite 10021 Kenton Lands Road,
P.O. Box 18395, Erlanger, KY (800-835-9629).
ChlordioX Plus Test, "Chlorine Dioxide and Chlorite in Drinking
Water by Amperometry using Disposable Sensors," November
2013, referenced in Sections 611.381 and 611.531.
Palintest Method 1001, "Lead in Drinking Water by Differential
Pulse Anodic Stripping Voltammetry," Method 1001, August
1999, referenced in Section 611.611.
Palintest ChloroSense, "Measurement of Free and Total Chlorine
in Drinking Water by Palintest ChloroSense," September 2009
(referred to as "Palintest ChloroSense"), referenced in Sections
611.381 and 611.531. See also NEMI.
Standard Methods Online, available online from the Standard Methods
Organization at www.standardmethods.org.
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Method 3113 B-04, Metals by Electrothermal Atomic Absorption
Spectrometry, Electrothermal Atomic Absorption Spectrometric
Method, referenced in Sections 611.611 and 611.612.
Method 9230 B-04, Fecal Streptococcus and Enterococcus Groups,
Multiple Tube Techniques, referenced in Section 611.802.
BOARD NOTE: Where, in appendix A to subpart C of 40 CFR
141 (2014)(2012), USEPA has authorized use of an approved
alternative method from Standard Methods Online, and that
version of the method appears also in Standard Methods, 21st or
22nd ed., the Board cites only to Standard Methods, 21st or 22nd ed.
for that method. The methods that USEPA listed as available from
Standard Methods Online, and which are listed above as in
Standard Methods, 21st or 22nd edition, are the following: 2320 B97 (for alkalinity), 3112 B-09 (for mercury), 3114 B-09 (for
arsenic and selenium), 4500-P E-99 and 4500-P F-99; (for
orthophosphate); 4500-SO4-2 C-97, 4500-SO4-2 D-97, 4500-SO4-2
E-97, and 4500-SO4-2 F-97 (for sulfate); 6640 B-01 (for 2,4-D,
2,4,5-TP (silvex), (dalapon, dinoseb, pentachlorophenol, and
picloram); 5561 B-00 (for glyphosate); and 9223 B-97 (for E. coli).
Since each method is the same version from both sources, the
Board views a copy from Standard Methods Online as equivalent
to a copy from Standard Methods Online, even though the Board
does not also cite to Standard Methods Online. The Board intends
that use of the version of the method that is incorporated by
reference is acceptable from either source.
SWAN Analytische Instrumente AG, Studbachstrasse 13, CH-8340,
Hinwil, Switzerland.
AMI Turbiwell Method, "Continuous Measurement of Turbidity
Using a SWAN AMI Turbiwell Turbidimeter," August 2009,
referenced in Section 611.531. See also NEMI.
Syngenta Crop Protection, Inc., 410 Swing Road, Post Office Box 18300,
Greensboro, NC 27419 (336-632-6000).
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"Atrazine in Drinking Water by Immunoassay," February 2001
(referred to as "Syngenta AG-625"), referenced in Section
611.645.
Systea Scientific LLC, 900 Jorie Blvd., Suite 35, Oak Brook, IL 60523.
Systea Easy (1-Reagent), "Systea Easy (1-Reagent) Nitrate
Method," February 2009, referenced in Section 611.611. See also
NEMI.
Thermo Scientific, 166 Cummings Center, Beverly, MA 01915 (800-2251480 or www.thermo.com).
Orion Method AQ4500, "Determination of Turbidity by LED
Nephelometry," May 2009, referenced in Section 611.531. See
also NEMI.
Technical Bulletin 601, "Standard Method of Testing for Nitrate in
Drinking Water," July 1994, PN 221890-001 (referred to as
"Technical Bulletin 601"), referenced in Section 611.611.
USDHS, STD. United States Department of Homeland Security, Science
and Technology Directorate (formerly United States Department of
Energy, Environmental Measurements Laboratory), currently available online in the 28th edition only, at www.nbl.doe.gov/EML_Legacy_Website/
procman.htm.
"EML Procedures Manual," HASL 300, 27th Edition, Volume 1,
1990 (referred to as "EML Procedures Manual (27th ed.)"),
referenced in Section 611.720.
"EML Procedures Manual," HASL 300, 28th ed., 1997 (referred to
as "EML Procedures Manual (28th ed.)"), referenced in Section
611.720.
BOARD NOTE: Although only the 28th edition is currently available,
USEPA has approved use of the methods from the 27th edition also. The
Board has retained the reference to the 27th edition for the benefit of any
laboratory that may be using that edition.
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USEPA, EMSL. United States Environmental Protection Agency,
Environmental Monitoring and Support Laboratory, Cincinnati, OH 45268
(513-569-7586).
USEPA Interim Radiochemical Methods, "Interim Radiochemical
Methodology for Drinking Water," EPA 600/4-75/008 (revised),
March 1976, referenced in Section 611.720. See also NTIS.
USEPA Organic Methods, "Methods for the Determination of
Organic Compounds in Drinking Water," December 1988 (revised
July 1991), EPA 600/4-88/039, referenced in Sections 611.645 and
611.648 (Methods 508A (rev. 1.0) and 515.1 (rev. 4.0) only);
"Methods for the Determination of Organic Compounds in
Drinking Water − Supplement I," July 1990, EPA 600/4-90/020,
referenced in Sections 611.645 and 611.648 (Methods 547, 550,
and 550.1 only); "Methods for the Determination of Organic
Compounds in Drinking Water − Supplement II," August 1992,
EPA 600/R-92/129, referenced in Sections 611.381 and 611.645
(Methods 548.1 (rev. 1.0), 552.1 (rev. 1.0), and 555 (rev. 1.0)
only); "Methods for the Determination of Organic Compounds in
Drinking Water − Supplement III," August 1995, EPA 600/R95/131, referenced in Sections 611.381, 611.645, and 611.648
(Methods 502.2 (rev. 2.1), 504.1 (rev. 1.1), 505 (rev. 2.1), 506 (rev.
1.1), 507 (rev. 2.1), 508 (rev. 3.1), 508.1 (rev. 2.0), 515.2 (rev.
4.1), 524.2 (rev. 4.1), 525.2 (rev. 2.0), 551.1 (rev. 1.0), and 552.2
(rev. 1.0) only). See also NTIS and USEPA, NSCEP.
"Procedures for Radiochemical Analysis of Nuclear Reactor
Aqueous Solutions," EPA-R4-73-014, May 1973, referenced in
Section 611.720. See also NTIS.
USEPA, NSCEP. United States Environmental Protection Agency,
National Service Center for Environmental Publications, P.O. Box 42419,
Cincinnati, OH 45242-0419 (accessible on-line and available by download
from http://www.epa.gov/nscep/).
Dioxin and Furan Method 1613, Revision B, "Tetra- through OctaChlorinated Dioxins and Furans by Isotope Dilution
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HRGC/HRMS," October 1994, EPA 821/B-94/005, referenced in
Section 611.645. See also NTIS.
Guidance Manual for Filtration and Disinfection, "Guidance
Manual for Compliance with the Filtration and Disinfection
Requirements for Public Water Systems Using Surface Water
Sources," March 1991, EPA 570/3-91-001, referenced in Section
611.111.
USEPA Asbestos Method 100.1, "Analytical Method for
Determination of Asbestos Fibers in Water," September 1983, EPA
600/4-83-043, referenced in Section 611.611. See also NTIS.
USEPA Asbestos Method 100.2, "Determination of Asbestos
Structures over 10-mm in Length in Drinking Water," June 1994,
EPA 600/R-94-134, referenced in Section 611.611. See also
NTIS.
USEPA Environmental Inorganic Methods, "Methods for the
Determination of Inorganic Substances in Environmental
Samples," August 1993, EPA 600/R-93-100, referenced in Sections
611.381, 611.531, and 611.611. (Methods 180.1 (rev. 2.0), 300.0
(rev. 2.1), 335.4 (rev. 1.0), 353.2 (rev. 2.0), and 365.1 (rev. 2.0)
only.) See also NTIS.
USEPA Environmental Metals Methods, "Methods for the
Determination of Metals in Environmental Samples − Supplement
I," May 1994, EPA 600/R-94-111, referenced in Sections 611.611,
611.612, and 611.720. (Methods 200.7 (rev. 4.4), 200.8 (rev. 5.3),
200.9 (rev. 2.2), and 245.1 (rev. 3.0) only.) See also NTIS.
USEPA Inorganic Methods, "Methods for Chemical Analysis of
Water and Wastes," March 1983, EPA 600/4-79-020, referenced in
Section 611.611. (Methods 150.1, 150.2, and 245.2 only.) See
also NTIS.
USEPA OGWDW Methods, Method 302.0, "Determination of
Bromate in Drinking Water Using Two-Dimensional Ion
Chromatography with Suppressed Conductivity Detection,"
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September 2009, EPA 815/B-09/014, referenced in Sections
611.381 and 611.382. See also USEPA, OGWDW.
USEPA OGWDW Methods, Method 317.0, rev. 2.0,
"Determination of Inorganic Oxyhalide Disinfection By-Products
in Drinking Water Using Ion Chromatography with the Addition of
a Postcolumn Reagent for Trace Bromate Analysis," July 2001,
EPA 815/B-01/001, referenced in Sections 611.381 and 611.382.
See also USEPA, OGWDW.
USEPA OGWDW Methods, Method 326.0, rev. 1.0,
"Determination of Inorganic Oxyhalide Disinfection By-Products
in Drinking Water Using Ion Chromatography Incorporating the
Addition of a Suppressor Acidified Postcolumn Reagent for Trace
Bromate Analysis," June 2002, EPA 815/R-03/007, referenced in
Sections 611.381 and 611.382. See also NTIS and USEPA,
OGWDW.
USEPA OGWDW Methods, Method 327.0, rev. 1.1,
"Determination of Chlorine Dioxide and Chlorite Ion in Drinking
Water Using Lissamine Green B and Horseradish Peroxidase with
Detection by Visible Spectrophotometry," May 2005, EPA 815/R05/008, referenced in Sections 611.381 and 611.531. See also
USEPA, OGWDW.
USEPA OGWDW Methods, Method 334.0, "Determination of
Residual in Drinking Water Using an On-line Chlorine Analyzer,"
August 2009, EPA 815/B-09/013, referenced in Section 611.531.
See also USEPA, OGWDW.
USEPA OGWDW Methods, Method 523, ver. 1.0, "Determination
of Triazine Pesticides and Other Degradates in Drinking Water by
Gas Chromatography/Mass Spectrometry (GC/MS)," February
2011, EPA 815/R-11/002, referenced in Section 611.645. See also
USEPA, OGWDW.
USEPA OGWDW Methods, Method 531.2, rev. 1.0,
"Measurement of N-methylcarbamoyloximes and Nmethylcarbamates in Water by Direct Aqueous Injection HPLC
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with Postcolumn Derivatization," September 2001, EPA 815/B01/002 (document file name "met531_2.pdf"), referenced in
Section 611.645. See also USEPA, OGWDW.
USEPA OGWDW Methods, Method 536, ver. 1.0, "Determination
of Triazine Pesticides and Other Degradates in Drinking Water by
Liquid Chromatography Electrospray Ionization Tandem Mass
Spectrometry (LC/ESI-MS/MS)," October 2007, EPA 815/R07/002, referenced in Section 611.645.
USEPA OGWDW Methods, Method 552.3, rev. 1.0,
"Determination of Haloacetic Acids and Dalapon in Drinking
Water by Liquid-Liquid Microextraction, Derivatization, and Gas
Chromatography with Electron Capture Detection," July 2003,
EPA 815/B-03/002, referenced in Sections 611.381 and 611.645.
USEPA OGWDW Methods, Method 557, "Determination of
Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion
Chromatography Electrospray Ionization Tandem Mass
Spectrometry," July 2003, EPA 815/B-03/002, referenced in
Sections 611.381, 611.382, and 611.645. See also USEPA,
OGWDW.
USEPA OGWDW Methods, Method 1622 (01), "Cryptosporidium
in Water by Filtration/IMS/FA," April 2001, EPA 821/R-01/026,
referenced in Section 611.1007. See also USEPA, OGWDW.
USEPA Organic and Inorganic Methods, "Methods for the
Determination of Organic and Inorganic Compounds in Drinking
Water, Volume 1," August 2000, EPA 815/R-00/014, referenced in
Section 611.381. (Methods 300.1 (rev. 1.0), 321.8 (rev. 1.0), and
515.3 (rev. 1.0) only.) See also NTIS.
USEPA Organic Methods, "Methods for the Determination of
Organic Compounds in Drinking Water," December 1988, revised
July 1991, EPA 600/4-88/039, referenced in Sections 611.645 and
611.648 (Methods 508A (rev. 1.0) and 515.1 (rev. 4.0) only);
"Methods for the Determination of Organic Compounds in
Drinking Water − Supplement I," July 1990, EPA 600/4-90/020,
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referenced in Section 611.645 and 611.648 (Methods 547, 550, and
550.1 only); "Methods for the Determination of Organic
Compounds in Drinking Water − Supplement II," August 1992,
EPA 600/R-92/129, referenced in Sections 611.381 and 611.645
(Methods 548.1 (rev. 1.0), 552.1 (rev. 1.0), and 555 (rev. 1.0)
only); "Methods for the Determination of Organic Compounds in
Drinking Water − Supplement III," August 1995, EPA 600/R95/131, referenced in Sections 611.381, 611.645, and 611.648
(Methods 502.2 (rev. 2.1), 504.1 (rev. 1.1), 505 (rev. 2.1), 506 (rev.
1.1), 507 (rev. 2.1), 508 (rev. 3.1), 508.1 (rev. 2.0), 515.2 (rev.
4.1), 524.2 (rev. 4.1), 525.2 (rev. 2.0), 531.1 (rev. 3.1), 551.1 (rev.
1.0), and 552.2 (rev. 1.0) only). See also NTIS and USEPA,
EMSL.
USEPA Radioactivity Methods, "Prescribed Procedures for
Measurement of Radioactivity in Drinking Water," August 1980,
EPA 600/4-80/032, referenced in Section 611.720. (For methods
900.0, 901, 901.1, 902, 903, 903.1, 904, 905, 906, 908, 908.1
only.) See also NTIS.
USEPA Technical Notes, "Technical Notes on Drinking Water
Methods," October 1994, EPA 600/R-94/173, referenced in
Sections 611.531, 611.611, and 611.645. See also NTIS.
BOARD NOTE: USEPA made the following assertion with
regard to this reference at 40 CFR 141.23(k)(1) and 141.24(e) and
(n)(11) (2014)(2012): "This document contains other analytical
test procedures and approved analytical methods that remain
available for compliance monitoring until July 1, 1996." Also
available online at
http://nepis.epa.gov/EPA/html/Pubs/pubtitleORD.htm under the
document designation "600R94173."
USEPA, OGWDW. United States Environmental Protection Agency,
Office of Ground Water and Drinking Water (accessible on-line and
available by download from http://www.epa.gov/safewater/methods/).
USEPA OGWDW Methods, Method 302.0, "Determination of
Bromate in Drinking Water Using Two-Dimensional Ion
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Chromatography with Suppressed Conductivity Detection,"
September 2009, EPA 815/B-09/014, referenced in Section
611.381. See also USEPA, NSCEP.
USEPA OGWDW Methods, Method 317.0, rev. 2.0,
"Determination of Inorganic Oxyhalide Disinfection By-Products
in Drinking Water Using Ion Chromatography with the Addition of
a Postcolumn Reagent for Trace Bromate Analysis," USEPA, July
2001, EPA 815/B-01/001, referenced in Section 611.381. See also
USEPA, NSCEP.
USEPA OGWDW Methods, Method 326.0, rev. 1.0,
"Determination of Inorganic Oxyhalide Disinfection By-Products
in Drinking Water Using Ion Chromatography Incorporating the
Addition of a Suppressor Acidified Postcolumn Reagent for Trace
Bromate Analysis," USEPA, June 2002, EPA 815/R-03/007,
referenced in Section 611.381. See also NTIS and USEPA,
NSCEP.
USEPA OGWDW Methods, Method 327.0, rev. 1.1,
"Determination of Chlorine Dioxide and Chlorite Ion in Drinking
Water Using Lissamine Green B and Horseradish Peroxidase with
Detection by Visible Spectrophotometry," USEPA, May 2005,
EPA 815/R-05/008, referenced in Sections 611.381 and 611.531.
See also USEPA, NSCEP.
USEPA OGWDW Methods, Method 334.0, "Determination of
Residual in Drinking Water Using an On-line Chlorine Analyzer,"
USEPA, August 2009, EPA 815/B-09/013, referenced in Section
611.531. See also USEPA, NSCEP.
USEPA OGWDW Methods, Method 515.4, rev. 1.0,
"Determination of Chlorinated Acids in Drinking Water by LiquidLiquid Microextraction, Derivatization and Fast Gas
Chromatography with Electron Capture Detection," April 2000,
EPA 815/B-00/001 (document file name "met515_4.pdf"),
referenced in Section 611.645.
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USEPA OGWDW Methods, Method 523, ver. 1.0, "Determination
of Triazine Pesticides and Other Degradates in Drinking Water by
Gas Chromatography/Mass Spectrometry (GC/MS)," February
2011, EPA 815/R-11/002, referenced in Section 611.645. See also
USEPA, NSCEP.
USEPA OGWDW Methods, Method 524.3, rev. 1.0,
"Measurement of Purgeable Organic Compounds in Water by
Capillary Column Gas Chromatography/Mass Spectrometry," June
2009, EPA 815/B-09/009, referenced in Sections 611.381 and
611.645.
USEPA OGWDW Methods, Method 524.4, "Measurement of
Purgeable Organic Compounds in Water by Gas
Chromatography/Mass Spectrometry Using Nitrogen Purge Gas,"
May 2013, EPA 815/R-13/002, referenced in Sections 611.381 and
611.645.
USEPA OGWDW Methods, Method 531.2, rev. 1.0,
"Measurement of N-methylcarbamoyloximes and Nmethylcarbamates in Water by Direct Aqueous Injection HPLC
with Postcolumn Derivatization," September 2001, EPA 815/B01/002 (document file name "met531_2.pdf"), referenced in
Section 611.645. See also USEPA, NSCEP.
USEPA OGWDW Methods, Method 536, ver. 1.0, "Determination
of Triazine Pesticides and Other Degradates in Drinking Water by
Liquid Chromatography Electrospray Ionization Tandem Mass
Spectrometry (LC/ESI-MS/MS)," October 2007, EPA 815/R07/002, referenced in Section 611.645.
USEPA OGWDW Methods, Method 552.3, rev. 1.0,
"Determination of Haloacetic Acids and Dalapon in Drinking
Water by Liquid-liquid Microextraction, Derivatization, and Gas
Chromatography with Electron Capture Detection," USEPA, July
2003, EPA 815/B-03/002, referenced in Sections 611.381 and
611.645.
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USEPA OGWDW Methods, Method 557, "Determination of
Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion
Chromatography Electrospray Ionization Tandem Mass
Spectrometry," July 2003, EPA 815/B-03/002, referenced in
Sections 611.381 and 611.645. See also USEPA, NSCEP.
USEPA OGWDW Methods, Method 1622 (05), "Method 1622:
Cryptosporidium in Water by Filtration/IMS/FA," December 2005,
EPA 815/R-05/001, referenced in Sections 611.1004 and
611.1007.
USEPA OGWDW Methods, Method 1622 (01), "Method 1622:
Cryptosporidium in Water by Filtration/IMS/FA," April 2001,
EPA 821/R-01/026, referenced in Section 611.1007. See also
USEPA, NSCEP.
USEPA OGWDW Methods, Method 1622 (99), "Method 1622:
Cryptosporidium in Water by Filtration/IMS/FA," April 1999,
EPA 821/R-99/001, referenced in Section 611.1007.
USEPA OGWDW Methods, Method 1623 (05), "Method 1623:
Cryptosporidium and Giardia in Water by Filtration/IMS/FA,"
December 2005, EPA 815/R-05/002, referenced in Sections
611.1004 and 611.1007.
USEPA OGWDW Methods, Method 1623 (01), "Method 1623:
Cryptosporidium and Giardia in Water by Filtration/IMS/FA,"
April 2001, EPA 821/R-01/025, referenced in Section 611.1007.
USEPA OGWDW Methods, Method 1623 (99), "Method 1623:
Cryptosporidium and Giardia in Water by Filtration/IMS/FA,"
January 1999, EPA 821/R-99/006, referenced in Section 611.1007.
USEPA OGWDW Methods, Method 1623.1, "Method 1623.1:
Cryptosporidium and Giardia in Water by Filtration/IMS/FA,"
January 2012, EPA 816/R-12/001, referenced in Section 611.1004.
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BOARD NOTE: Many of the above-listed documents available
from the USEPA, Office of Ground Water and Drinking Water are
also listed as available from NTIS.
USEPA, ORD. USEPA, Office of Research and Development, National
Exposure Research Laboratory, Microbiological & Chemical Exposure
Assessment Research Division (accessible on-line and available by
download from http://www.epa.gov/nerlcwww/ordmeth.htm).
USEPA NERL Method 200.5, rev. 4.2, "Determination of Trace
Elements in Drinking Water by Axially Viewed Inductively
Coupled Plasma − Atomic Emission Spectrometry," October 2003,
EPA 600/R-06/115, referenced in Sections 611.611 and 611.612.
USEPA NERL Method 415.3, rev. 1.1, "Determination of Total
Organic Carbon and Specific UV Absorbance at 254 nm in Source
Water and Drinking Water," February 2005, EPA 600/R-05/055,
referenced in Section 611.381.
USEPA NERL Method 415.3, rev. 1.2, "Determination of Total
Organic Carbon and Specific UV Absorbance at 254 nm in Source
Water and Drinking Water," September 2009, EPA 600/R-09/122,
referenced in Section 611.381.
USEPA NERL Method 525.3, ver. 1.0, "Method 525.3, Version
1.0: Determination of Total Semivolatile Organic Chemicals in
Drinking Water by Solid Phase Extraction and Capillary Column
Gas Chromatography/Mass Spectrometry (GC/MS)," February
2012, EPA 600/R-12/010, referenced in Section 611.645.
USEPA NERL Method 549.2, rev. 1.0, "Determination of Diquat
and Paraquat in Drinking Water by Liquid-Solid Extraction and
High Performance Liquid Chromatography with Ultraviolet
Detection," June 1997, referenced in Section 611.645.
USEPA, Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue,
NW, Washington, DC 20460:
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E*Colite Test, "Charm E*Colite Presence/Absence Test for
Detection and Identification of Coliform Bacteria and Escherichia
coli in Drinking Water," January 9, 1998, referenced in Sections
611.802 and 611.1052. See also Charm Sciences, Inc.
m-ColiBlue24 Test, "Total Coliforms and E. coli Membrane
Filtration Method with m-ColiBlue24® Broth," Method No.
10029, rev. 2, August 17, 1999, referenced in Sections 611.802 and
611.1052. See also The Hach Company.
USEPA Method 1600, "EPA Method 1600: Enterococci in Water
by Membrane Filtration Using Membrane-Enterococcus Indoxylb-D-Glucoside Agar (mEI)," September 2002, EPA 821/R-02/022
is an approved variation of Standard Methods, Method 9230 C,
"Fecal Streptococcus and Enterococcus Groups, Membrane Filter
Techniques" (which has not itself been approved for use by
USEPA) (accessible on-line and available by download from
http://www.epa.gov/nerlcwww/1600sp02.pdf), referenced in
Section 611.802.
USEPA Method 1601, "Method 1601: Male-specific (F+) and
Somatic Coliphage in Water by Two-step Enrichment Procedure,"
April 2001, EPA 821/R-01/030 (accessible on-line and available
by download from http://www.epa.gov/nerlcwww/1601ap01.pdf),
referenced in Section 611.802.
USEPA Method 1602, "Method 1602: Male-specific (F+) and
Somatic Coliphage in Water by Single Agar Layer (SAL)
Procedure," April 2001, EPA 821/R-01/029 (accessible on-line and
available by download from
http://www.epa.gov/nerlcwww/1602ap01.pdf), referenced in
Section 611.802.
USEPA Method 1604, "Method 1604: Total Coliforms and
Escherichia coli in Water by Membrane Filtration Using a
Simultaneous Detection Technique (MI Medium)," September
2002, EPA 821/R-02/024 (accessible on-line and available by
download from http://www.epa.gov/nerlcwww/1604sp02.pdf),
referenced in Sections 611.802 and 611.1052.
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USGS. United States Geological Survey, Federal Center, Box 25286,
Denver, CO 80225-0425.
Method available upon request by method number from "Methods
for Analysis by the U.S. Geological Survey National Water
Quality Laboratory − Determination of Inorganic and Organic
Constituents in Water and Fluvial Sediments," Open File Report
93-125, 1993 (referred to as "USGS Methods").
I-2601-90, referenced in Section 611.611.
Methods available upon request by method number from Book 5,
Chapter A-1, "Methods for Determination of Inorganic Substances
in Water and Fluvial Sediments," 3rd ed., USGS Techniques of
Water-Resource Investigation: 05-A1, 1989 (referred to as :USGS
Methods").
I-1030-85, referenced in Section 611.611.
I-1601-85, referenced in Section 611.611.
I-1700-85, referenced in Section 611.611.
I-2598-85, referenced in Section 611.611.
I-2700-85, referenced in Section 611.611.
I-3300-85, referenced in Section 611.611.
Methods available upon request by method number from "Methods
for Determination of Radioactive Substances in Water and Fluvial
Sediments," Chapter A5 in Book 5 of "Techniques of WaterResources Investigations of the United States Geological Survey,"
1977.
R-1110-76, referenced in Section 611.720.
R-1111-76, referenced in Section 611.720.
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R-1120-76, referenced in Section 611.720.
R-1140-76, referenced in Section 611.720.
R-1141-76, referenced in Section 611.720.
R-1142-76, referenced in Section 611.720.
R-1160-76, referenced in Section 611.720.
R-1171-76, referenced in Section 611.720.
R-1180-76, referenced in Section 611.720.
R-1181-76, referenced in Section 611.720.
R-1182-76, referenced in Section 611.720.
BOARD NOTE: USGS methods are freely available for download
in an electronic format from the USGS Publications Warehouse, at
pubs.er.usgs.gov/. Sections 611.611 and 611.720 do not
distinguish the volume in which each USGS method appears. The
distinction as to which volume where a particular method appears
is made in this incorporation by reference.
Veolia Water Solutions and Technologies, Suite 4697, Biosciences
Complex, 116 Barrie Street, Kingston, Ontario, Canada K7L 3N6.
"Tecta EC/TC P-A Test, "Presence/Absence Method for
Simultaneous Detection of Total Coliforms and Escherichia coli
(E. coli) in Drinking Water," April 2014, referenced in Section
611.526.
Waters Corporation, Technical Services Division, 34 Maple St., Milford,
MA 01757 (800-252-4752 or 508-478-2000, www.waters.com).
"Waters Test Method for Determination of Nitrite/Nitrate in Water
Using Single Column Ion Chromatography," Method B-1011,
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August 1987 (referred to as "Waters Method B-1011"), referenced
in Section 611.611.
c)
The Board incorporates the following federal regulations by reference:
40 CFR 3.2 (2014)(2013) (How Does This Part Provide for Electronic
Reporting?), referenced in Section 611.105.
40 CFR 3.3 (2014)(2013) (What Definitions Are Applicable to This
Part?), referenced in Section 611.105.
40 CFR 3.10 (2014)(2013) (What Are the Requirements for Electronic
Reporting to EPA?), referenced in Section 611.105.
40 CFR 3.2000 (2014)(2013) (What Are the Requirements Authorized
State, Tribe, and Local Programs' Reporting Systems Must Meet?),
referenced in Section 611.105.
40 CFR 136.3(a) (2014)(2013), referenced in Section 611.1004.
Appendix B to 40 CFR 136 (2014)(2012), referenced in Sections 611.359,
611.609, and 611.646.
40 CFR 142.20(b)(1) (2014)(2013), referenced in Section 611.112.
Subpart G of 40 CFR 142 (2014)(2013), referenced in Section 611.113.
d)
This Part incorporates no later amendments or editions.
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART I: DISINFECTANT RESIDUALS, DISINFECTION
BYPRODUCTS, AND DISINFECTION BYPRODUCT PRECURSORS
Section 611.381 Analytical Requirements
a)
A supplier must use only the analytical methods specified in this Section, each of
which is incorporated by reference in Section 611.102, or alternative methods
approved by the Agency pursuant to Section 611.480 to demonstrate compliance
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with the requirements of this Subpart I and with the requirements of Subparts W
and Y of this Part.
b)
Disinfection byproducts (DBPs).
1)
A supplier must measure disinfection byproducts (DBPs) by the appropriate
of the following methods:
A)
TTHM:
i)
By purge and trap, gas chromatography, electrolytic
conductivity detector, and photoionization detector:
USEPA Organic Methods, Method 502.2 (rev. 2.1). If
TTHMs are the only analytes being measured in the
sample, then a photoionization detector is not required.
ii)
By purge and trap, gas chromatography, mass
spectrometer: USEPA Organic Methods, Method 524.2
(rev. 4.1).
iii)
By liquid-liquid extraction, gas chromatography, electron
capture detector: USEPA Organic Methods, Method 551.1
(rev. 1.0).
iv)
By purge and trap, gas chromatography, mass
spectrometry: USEPA OGWDW Methods, Method 524.3
(rev. 1.0) and 524.4.
BOARD NOTE: USEPA added USEPA OGWDW Methods,
Method 524.3 (rev. 1.0) as an approved alternative method for
TTHM in appendix A to subpart C of 40 CFR 141 on August 3,
2009 (at 74 Fed. Reg. 38348). USEPA added USEPA OGWDW
Methods, Method 524.4 as approved alternative methods for total
trihalomethanes in appendix A to subpart C of 40 CFR 141 on May
31, 2013 (at 78 Fed. Reg. 32558).
B)
HAA5:
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i)
By liquid-liquid extraction (diazomethane), gas
chromatography, electron capture detector: Standard
Methods, 19th, 20th, 21st, or 22nd ed., Method 6251 B.
ii)
By solid phase extractor (acidic methanol), gas
chromatography, electron capture detector: USEPA
Organic Methods, Method 552.1 (rev. 1.0).
iii)
By liquid-liquid extraction (acidic methanol), gas
chromatography, electron capture detector: USEPA
Organic Methods, Method 552.2 (rev. 1.0) or USEPA
OGWDW Methods, Method 552.3 (rev. 1.0).
iv)
By ion chromatography, electrospray ionization, tandem
mass spectrometry: USEPA OGWDW Methods, Method
557.
BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Method 6251 B as an approved alternative method for HAA5 in
appendix A to subpart C of 40 CFR 141 on June 3, 2008 (at 73
Fed. Reg. 31616). USEPA added USEPA OGWDW Methods,
Method 557 as approved alternative methods for HAA5 in
appendix A to subpart C of 40 CFR 141 on November 10, 2009 (at
74 Fed. Reg. 57908). USEPA added Standard Methods, 22nd ed.,
Method 6251 B as an approved alternative methods for HAA5 in
appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at 78
Fed. Reg. 32558). USEPA added Standard Methods Online,
Method 6251 B-07 as an approved alternative method for HAA5 in
appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at 79
Fed. Reg. 35081). Because Standard Methods, 22nd ed., Method
6251 B is the same version as Standard Methods Online, Method
9221 B-07, the Board has not listed the Standard Methods Online
versions separately.
C)
Bromate:
i)
By ion chromatography: USEPA Organic and Inorganic
Methods, Method 300.1 (rev. 1.0).
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ii)
By ion chromatography and post-column reaction: USEPA
OGWDW Methods, Method 317.0 (rev. 2.0) or 326.0 (rev.
1.0).
iii)
By inductively coupled plasma-mass spectrometer:
USEPA Organic and Inorganic Methods, Method 321.8
(rev. 1.0).
iv)
By two-dimensional ion chromatography: USEPA
OGWDW Methods, Method 302.0.
v)
By ion chromatography, electrospray ionization, tandem
mass spectrometry: USEPA OGWDW Methods, Method
557.
vi)
By chemically suppressed chromatography: ASTM
Method D6581-08 A.
vii)
By electrolytically suppressed chromatography: ASTM
Method D6581-08 B.
BOARD NOTE: Ion chromatography and post column reaction or
inductively coupled plasma-mass spectrometry must be used for
monitoring of bromate for purposes of demonstrating eligibility of
reduced monitoring, as prescribed in Section 611.382(b)(3)(B).
For inductively coupled plasma-mass spectrometry, samples must
be preserved at the time of sampling with 50 mg ethylenediamine
(EDA) per liter of sample, and the samples must be analyzed
within 28 days.
BOARD NOTE: USEPA added USEPA OGWDW Methods,
Methods 302.0 and 557 and ASTM Methods D6581-08 A and B as
approved alternative methods for bromate in appendix A to subpart
C of 40 CFR 141 on November 10, 2009 (at 74 Fed. Reg. 57908).
D)
Chlorite:
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i)
By amperometric titration for daily monitoring pursuant to
Section 611.382(b)(2)(A)(i): Standard Methods, 19th, 21st,
or 22nd ed., Method 4500-ClO2 E.
ii)
By amperometric sensor for daily monitoring pursuant to
Section 611.382(b)(2)(A)(i): ChlordioX Plus Test.
iiiii)
By spectrophotometry: USEPA OGWDW Methods,
Method 327.0 (rev. 1.1).
iviii)
By ion chromatography: USEPA Environmental Inorganic
Methods, Method 300.0 (rev. 2.1); USEPA Organic and
Inorganic Methods, Method 300.1 (rev. 1.0); USEPA
OGWDW Methods, Method 317.0 (rev. 2.0), or 326.0 (rev.
1.0); or ASTM Method D6581-00.
viv)
By chemically suppressed chromatography: ASTM
Method D6581-08 A.
viv)
By electrolytically suppressed chromatography: ASTM
Method D6581-08 B.
BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Method 4500-ClO2 E as an approved alternative method for daily
chlorite in appendix A to subpart C of 40 CFR 141 on June 3, 2008
(at 73 Fed. Reg. 31616). USEPA added ASTM Methods D658108 A and B as approved alternative methods for chlorite in
appendix A to subpart C of 40 CFR 141 on November 10, 2009 (at
74 Fed. Reg. 57908). USEPA added Standard Methods, 22nd ed.,
Method 4500-ClO2 E as an approved alternative method for
chlorite in appendix A to subpart C of 40 CFR 141 on June 21,
2013 (at 78 Fed. Reg. 37463). USEPA added ChlordioX Plus Test
as an approved alternative method for chlorite in appendix A to
subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg.
35081).
BOARD NOTE: Amperometric titration or spectrophotometry
may be used for routine daily monitoring of chlorite at the entrance
to the distribution system, as prescribed in Section
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611.382(b)(2)(A)(i). Ion chromatography must be used for routine
monthly monitoring of chlorite and additional monitoring of
chlorite in the distribution system, as prescribed in Section
611.382(b)(2)(A)(ii) and (b)(2)(B).
2)
Analyses under this Section for DBPs must be conducted by a certified
laboratory in one of the categories listed in Section 611.490(a) except as
specified under subsection (b)(3) of this Section. To receive certification
to conduct analyses for the DBP contaminants listed in Sections 611.312
and 611.381 and Subparts W and Y of this Part, the laboratory must fulfill
the requirements of subsections (b)(2)(A), (b)(2)(C), and (b)(2)(D) of this
Section.
A)
The laboratory must analyze performance evaluation (PE) samples
that are acceptable to USEPA or the Agency at least once during
each consecutive 12-month period by each method for which the
laboratory desires certification.
B)
This subsection corresponds with 40 CFR 141.131(b)(2)(ii), which
has expired by its own terms. This statement maintains structural
consistency with the corresponding federal rule.
C)
The laboratory must achieve quantitative results on the PE sample
analyses that are within the acceptance limits set forth in
subsections (b)(2)(C)(i) through (b)(2)(B)(xi) of this Section,
subject to the conditions of subsections (b)(2)(C)(xii) and
(b)(2)(C)(xiii) of this Section:
i)
Chloroform (a THM): ± 20% of true value;
ii)
Bromodichloromethane (a THM): ± 20% of true value;
iii)
Dibromochloromethane (a THM): ± 20% of true value;
iv)
Bromoform (a THM): ± 20% of true value;
v)
Monochloroacetic Acid (an HAA5): ± 40% of true value;
vi)
Dichloroacetic Acid (an HAA5): ± 40% of true value;
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D)
vii)
Trichloroacetic Acid (an HAA5): ± 40% of true value;
viii)
Monobromoacetic Acid (an HAA5): ± 40% of true value;
ix)
Dibromoacetic Acid (an HAA5): ± 40% of true value;
x)
Chlorite: ± 30% of true value; and
xi)
Bromate: ± 30% of true value.
xii)
The laboratory must meet all four of the individual THM
acceptance limits set forth in subsections (b)(2)(B)(i)
through (b)(2)(B)(iv) of this Section in order to
successfully pass a PE sample for TTHM.
xiii)
The laboratory must meet the acceptance limits for four out
of the five HAA5 compounds set forth in subsections
(b)(2)(B)(v) through (b)(2)(B)(ix) of this Section in order to
successfully pass a PE sample for HAA5.
The laboratory must report quantitative data for concentrations at
least as low as the minimum reporting levels (MRLs) listed in
subsections (b)(2)(D)(i) through (b)(2)(D)(xi) of this Section,
subject to the limitations of subsections (b)(2)(D)(xii) and
(b)(2)(D)(xiii) of this Section, for all DBP samples analyzed for
compliance with Sections 611.312 and 611.385 and Subparts W
and Y of this Part:
i)
Chloroform (a THM): 0.0010 mg/ℓ;
ii)
Bromodichloromethane (a THM): 0.0010 mg/ℓ;
iii)
Dibromochloromethane (a THM): 0.0010 mg/ℓ;
iv)
Bromoform (a THM): 0.0010 mg/ℓ;
v)
Monochloroacetic Acid (an HAA5): 0.0020 mg/ℓ;
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vi)
Dichloroacetic Acid (an HAA5): 0.0010 mg/ℓ;
vii)
Trichloroacetic Acid (an HAA5): 0.0010 mg/ℓ;
viii)
Monobromoacetic Acid (an HAA5): 0.0010 mg/ℓ;
ix)
Dibromoacetic Acid (an HAA5): 0.0010 mg/ℓ;
x)
Chlorite: 0.020 mg/ℓ, applicable to monitoring as required
by Section 611.382(b)(2)(A)(ii) and (b)(2)(B); and
xi)
Bromate: 0.0050, or 0.0010 mg/ℓ if the laboratory uses
USEPA OGWDW Methods, Method 317.0 or 326.0 or
USEPA Organic and Inorganic Methods, Method 321.8.
xii)
The calibration curve must encompass the regulatory MRL
concentration. Data may be reported for concentrations
lower than the regulatory MRL as long as the precision and
accuracy criteria are met by analyzing an MRL check
standard at the lowest reporting limit chosen by the
laboratory. The laboratory must verify the accuracy of the
calibration curve at the MRL concentration by analyzing an
MRL check standard with a concentration less than or
equal to 110% of the MRL with each batch of samples.
The measured concentration for the MRL check standard
must be ±50% of the expected value, if any field sample in
the batch has a concentration less than five times the
regulatory MRL. Method requirements to analyze higher
concentration check standards and meet tighter acceptance
criteria for them must be met in addition to the MRL check
standard requirement.
xiii)
When adding the individual trihalomethane or haloacetic
acid concentrations, for the compounds listed in
subsections (b)(2)(D)(v) through (b)(2)(D)(ix) of this
Section, to calculate the TTHM or HAA5 concentrations,
respectively, a zero is used for any analytical result that is
less than the MRL concentration for that DBP, unless
otherwise specified by the Agency.
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3)
c)
A party approved by USEPA or the Agency must measure daily chlorite
samples at the entrance to the distribution system.
Disinfectant residuals.
1)
A supplier must measure residual disinfectant concentrations for free
chlorine, combined chlorine (chloramines), and chlorine dioxide by the
appropriate of the methods listed in subsections (c)(1)(A) through (c)(1)(D)
of this Section, subject to the provisions of subsection (c)(1)(E) of this
Section:
A)
Free Chlorine:
i)
Amperometric titration: Standard Methods, 19th, 20th, 21st,
or 22nd ed., Method 4500-Cl D, or ASTM Method D125386, D1253-96, D1253-03, or D1253-08;
ii)
DPD ferrous titration: Standard Methods, 19th, 20th, 21st, or
22nd ed., Method 4500-Cl F;
iii)
DPD colorimetric: Standard Methods, 19th, 20th, 21st, or
22nd ed., Method 4500-Cl G or Hach Method 10260;
iv)
Syringaldazine (FACTS): Standard Methods, 19th, 20th,
21st, or 22nd ed., Method 4500-Cl H;
v)
Test strips: ITS Method D99-003 if approved by the
Agency pursuant to subsection (c)(2) of this Section;
vi)
Amperometric sensor: Palintest ChloroSense; or
vii)
On-line chlorine analyzer: USEPA OGWDW Methods,
Method 334.0.
BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Methods 4500-Cl D, F, G, and H as approved alternative methods
for free chlorine in appendix A to subpart C of 40 CFR 141 on
June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added ASTM
Method D1253-08, USEPA OGWDW Methods, Method 334.0,
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and Palintest ChloroSense as approved alternative methods for free
chlorine in appendix A to subpart C of 40 CFR 141 on November
10, 2009 (at 74 Fed. Reg. 57908). USEPA added Standard
Methods, 22nd ed., Methods 4500-Cl D, F, G, and H as approved
alternative methods for free chlorine in appendix A to subpart C of
40 CFR 141 on June 21, 2013 (at 78 Fed. Reg. 37463). USEPA
added Hach Method 10260 as an approved alternative method for
free chlorine in appendix A to subpart C of 40 CFR 141 on June
19, 2014 (at 79 Fed. Reg. 35081).
B)
Combined Chlorine:
i)
Amperometric titration: Standard Methods, 19th, 20th, 21st,
or 22nd ed., Method 4500-Cl D, or ASTM Method D125386, D1253-96, D1253-03, or D1253-08;
ii)
DPD ferrous titration: Standard Methods, 19th, 20th, 21st, or
22nd ed., Method 4500-Cl F; or
iii)
DPD colorimetric: Standard Methods, 19th, 20th, 21st, or
22nd ed., Method 4500-Cl G or Hach Method 10260.
BOARD NOTE: USEPA added Standard Methods, Methods
4500-Cl D, F, and G as approved alternative methods for free
chlorine in appendix A to subpart C of 40 CFR 141 on June 3,
2008 (at 73 Fed. Reg. 31616). USEPA added ASTM Method
D1253-08 as an approved alternative method for combined
chlorine in appendix A to subpart C of 40 CFR 141 on November
10, 2009 (at 74 Fed. Reg. 57908). USEPA added Standard
Methods, 22nd ed., Methods 4500-Cl D, F, and G as approved
alternative methods for combined chlorine in appendix A to
subpart C of 40 CFR 141 on June 21, 2013 (at 78 Fed. Reg.
37463). USEPA added Hach Method 10260 as an approved
alternative method for combined chlorine in appendix A to subpart
C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081).
C)
Total Chlorine:
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i)
Amperometric titration: Standard Methods, 19th, 20th, 21st,
or 22nd ed., Method 4500-Cl D, or ASTM Method D125386, D1253-96, D1253-03, or D1253-08;
ii)
Low-level amperometric titration: Standard Methods, 19th,
20th, 21st, or 22nd ed., Method 4500-Cl E;
iii)
DPD ferrous titration: Standard Methods, 19th, 20th, 21st, or
22nd ed., Method 4500-Cl F;
iv)
DPD colorimetric: Standard Methods, 19th, 20th, 21st, or
22nd ed., Method 4500-Cl G or Hach Method 10260;
v)
Iodometric electrode: Standard Methods, 19th, 20th, 21st, or
22nd ed., Method 4500-Cl I;
vi)
Amperometric sensor: Palintest ChloroSense; or
vii)
On-line chlorine analyzer: USEPA OGWDW Methods,
Method 334.0.
BOARD NOTE: USEPA added Standard Methods, Methods
4500-Cl D, E, F, G, and I as approved alternative methods for free
chlorine in appendix A to subpart C of 40 CFR 141 on June 3,
2008 (at 73 Fed. Reg. 31616). USEPA added ASTM Method
D1253-08, USEPA OGWDW Methods, Method 334.0, and
Palintest ChloroSense as approved alternative methods for total
chlorine in appendix A to subpart C of 40 CFR 141 on November
10, 2009 (at 74 Fed. Reg. 57908). USEPA added Standard
Methods, 22nd ed., Methods 4500-Cl D, E, F, G, and I as approved
alternative methods for total chlorine in appendix A to subpart C of
40 CFR 141 on June 21, 2013 (at 78 Fed. Reg. 37463). USEPA
added Hach Method 10260 as an approved alternative method for
total chlorine in appendix A to subpart C of 40 CFR 141 on June
19, 2014 (at 79 Fed. Reg. 35081).
D)
Chlorine Dioxide:
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i)
DPD: Standard Methods, 19th, 20th, or 21st ed., Method
4500-ClO2 D;
ii)
Amperometric Method II: Standard Methods, 19th, 20th,
21st, or 22nd ed., Method 4500-ClO2 E; or
iii)
Amperometric sensor: ChlordioX Plus Test; or
iviii)
Lissamine Green spectrophotometric: USEPA OGWDW
Method 327.0 (rev. 1.1).
BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Methods 4500-ClO2 D and E as approved alternative methods for
chlorine dioxide in appendix A to subpart C of 40 CFR 141 on
June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added Standard
Methods, 22nd ed., Method 4500-ClO2 E as an approved alternative
method for chlorine dioxide in appendix A to subpart C of 40 CFR
141 on June 21, 2013 (at 78 Fed. Reg. 37463). USEPA added
ChlordioX Plus Test as an approved alternative method for
chlorine dioxide in appendix A to subpart C of 40 CFR 141 on
June 19, 2014 (at 79 Fed. Reg. 35081).
E)
2)
The methods listed are approved for measuring the specified
disinfectant residual. The supplier may measure free chlorine or
total chlorine for demonstrating compliance with the chlorine
MRDL and combined chlorine, or total chlorine may be measured
for demonstrating compliance with the chloramine MRDL.
Alternative methods available only upon specific approval by the Agency.
A)
Test strips: ITS Method D99-003.
BOARD NOTE: USEPA added ITS Method D99-003 as an
approved alternative method for free chlorine in appendix A to
subpart C of 40 CFR 141, added on June 3, 2008 (at 73 Fed. Reg.
31616), contingent upon specific state approval. The Board has
opted to provide that the Agency can grant such approvals on a
case-by-case basis using the SEP mechanism.
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B)
3)
d)
If approved by the Agency, by an SEP issued pursuant to Section
611.110, a supplier may also measure residual disinfectant
concentrations for chlorine, chloramines, and chlorine dioxide by
using DPD colorimetric test kits.
A party approved by USEPA or the Agency must measure residual
disinfectant concentration.
A supplier required to analyze parameters not included in subsections (b) and (c) of
this Section must use the methods listed below. A party approved by USEPA or
the Agency must measure the following parameters:
1)
Alkalinity. All methods allowed in Section 611.611(a)(21) for measuring
alkalinity.
2)
Bromide:
3)
A)
USEPA Inorganic Methods, Method 300.0 (rev. 2.1);
B)
USEPA Organic and Inorganic Methods, Method 300.1 (rev. 1.0);
C)
USEPA OGWDW Methods, Method 317.0 (rev. 2.0) or Method
326.0 (rev. 1.0); or
D)
ASTM Method D6581-00.
Total Organic Carbon (TOC), by any of the methods listed in subsection
(d)(3)(A)(i), (d)(3)(A)(ii), (d)(3)(A)(iii), or (d)(3)(B) of this Section, subject
to the limitations of subsection (d)(3)(C) of this Section:
A)
B)
High-temperature combustion:
i)
Standard Methods, 19th (Supplement), 20th, 21st, or 22nd ed.,
Method 5310 B; or
ii)
USEPA NERL Method 415.3 (rev. 1.2).
Persulfate-ultraviolet or heated-persulfate oxidation:
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C)
i)
Standard Methods, 19th (Supplement), 20th, 21st, or 22nd ed.,
Method 5310 C; or
ii)
USEPA NERL Method 415.3 (rev. 1.2).
Wet oxidation method:
i)
Standard Methods, 19th (Supplement), 20th, 21st, or 22nd ed.,
Method 5310 D; or
ii)
USEPA NERL Method 415.3 (rev. 1.2).
D)
Specific UV254 absorbance: USEPA NERL Method 415.3 (rev.
1.1) or 415.3 (rev. 1.2).
E)
Inorganic carbon must be removed from the samples prior to
analysis. TOC samples may not be filtered prior to analysis. TOC
samples must be acidified at the time of sample collection to
achieve pH less than or equal to 2 with minimal addition of the
acid specified in the method or by the instrument manufacturer.
Acidified TOC samples must be analyzed within 28 days.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
5310 B, C, and D as approved alternative methods for total organic carbon
in appendix A to subpart C of 40 CFR 141 on June 3, 2008 (at 73 Fed.
Reg. 31616). USEPA added USEPA NERL Method 415.3 (rev. 1.2) as an
approved alternative method for total organic carbon in appendix A to
subpart C of 40 CFR 141 on November 10, 2009 (at 74 Fed. Reg. 57908).
USEPA added Standard Methods, 22nd ed., Methods 5310 B, C, and D as
approved alternative methods for total organic carbon in appendix A to
subpart C of 40 CFR 141 on June 21, 2013 (at 78 Fed. Reg. 37463).
4)
Specific Ultraviolet Absorbance (SUVA). SUVA is equal to the UV
absorption at 254 nm (UV254) (measured in m-1) divided by the dissolved
organic carbon (DOC) concentration (measured as mg/ℓ). In order to
determine SUVA, it is necessary to separately measure UV254 and DOC.
When determining SUVA, a supplier must use the methods stipulated in
subsection (d)(4)(A) of this Section to measure DOC and the method
stipulated in subsection (d)(4)(B) of this Section to measure UV254. SUVA
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must be determined on water prior to the addition of disinfectants/oxidants
by the supplier. DOC and UV254 samples used to determine a SUVA value
must be taken at the same time and at the same location.
A)
Dissolved Organic Carbon (DOC). Prior to analysis, DOC samples
must be filtered through the 0.45 m pore-diameter filter as soon as
practical after sampling, not to exceed 48 hours. After filtration,
DOC samples must be acidified to achieve pH less than or equal to
2 with minimal addition of the acid specified in the method or by
the instrument manufacturer. Acidified DOC samples must be
analyzed within 28 days after sample collection. Inorganic carbon
must be removed from the samples prior to analysis. Water passed
through the filter prior to filtration of the sample must serve as the
filtered blank. This filtered blank must be analyzed using
procedures identical to those used for analysis of the samples and
must meet the following standards: DOC less than 0.5 mg/ℓ.
i)
High-Temperature Combustion Method: Standard
Methods, 19th (Supplement), 20th, 21st, or 22nd ed., Method
5310 B or USEPA NERL Methods 415.3 (rev. 1.1) or
415.3 (rev. 1.2).
ii)
Persulfate-Ultraviolet or Heated-Persulfate Oxidation
Method, Standard Methods, 19th (Supplement), 20th, 21st, or
22nd ed., Method 5310 C or USEPA NERL Methods 415.3
(rev. 1.1) or 415.3 (rev. 1.2).
iii)
Wet-Oxidation Method: Standard Methods, 19th
(Supplement), 20th, 21st, or 22nd ed., Method 5310 D or
USEPA NERL Methods 415.3 (rev. 1.1) or 415.3 (rev. 1.2).
BOARD NOTE: USEPA added Standard Methods, Methods 5310
B, C, and D as approved alternative methods for dissolved organic
carbon in appendix A to subpart C of 40 CFR 141 on June 3, 2008
(at 73 Fed. Reg. 31616). USEPA added USEPA NERL Method
415.3 (rev. 1.2) as an approved alternative method for dissolved
organic carbon in appendix A to subpart C of 40 CFR 141 on
November 10, 2009 (at 74 Fed. Reg. 57908). USEPA added
Standard Methods, 22nd ed., Methods 5310 B, C, and D as
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approved alternative methods for dissolved organic carbon in
appendix A to subpart C of 40 CFR 141 on June 21, 2013 (at 78
Fed. Reg. 37463).
B)
Ultraviolet Absorption at 254 nm (UV254) by spectrometry:
Standard Methods, 19th, 20th, 21st, or 22nd ed., Method 5910 B or
USEPA NERL Method 415.3 (rev. 1.1) or 415.3 (rev. 1.2). UV
absorption must be measured at 253.7 nm (may be rounded off to
254 nm). Prior to analysis, UV254 samples must be filtered through
a 0.45 m pore-diameter filter. The pH of UV254 samples may not
be adjusted. Samples must be analyzed as soon as practical after
sampling, not to exceed 48 hours; and
BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Method 5910 B as an approved alternative method for ultraviolet
absorption at 254 nm in appendix A to subpart C of 40 CFR 141 on
June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added USEPA
NERL Method 415.3 (rev. 1.2) as an approved alternative method
for ultraviolet absorbance in appendix A to subpart C of 40 CFR
141 on November (at 74 Fed. Reg. 57908). USEPA added
Standard Methods, 22nd ed., Method 5910 B as an approved
alternative method for ultraviolet absorption at 254 nm in appendix
A to subpart C of 40 CFR 141 on June 21, 2013 (at 78 Fed. Reg.
37463). USEPA added Standard Methods Online, Method 5910
B-11 as an approved alternative method for ultraviolet absorbtion
at 254 nm in appendix A to subpart C of 40 CFR 141 on June 19,
2014 (at 79 Fed. Reg. 35081). Because Standard Methods, 22nd
ed., Methods 5910 B is the same version as Standard Methods
Online, Method 5910 B-11, the Board has not listed the Standard
Methods Online versions separately.
5)
pH. All methods allowed in Section 611.611(a)(17) for measuring pH.
6)
Magnesium. All methods allowed in Section 611.611(a) for measuring
magnesium.
BOARD NOTE: Derived from 40 CFR 141.131 and appendix A to 40 CFR 141 (2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
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SUBPART L: MICROBIOLOGICAL MONITORING
AND ANALYTICAL REQUIREMENTS
Section 611.526 Analytical Methodology
a)
The standard sample volume required for total coliform analysis, regardless of
analytical method used, is 100 mℓ.
b)
Suppliers need only determine the presence or absence of total coliforms; a
determination of total coliform density is not required.
c)
Suppliers must conduct total coliform analyses in accordance with one of the
following analytical methods, incorporated by reference in Section 611.102, or in
accordance with an alternative method approved by the Agency pursuant to
Section 611.480 (the time from sample collection to initiation of analysis may not
exceed 30 hours, and the supplier is encouraged but not required to hold samples
below 10° C during transit):
1)
Total Coliform Fermentation Technique, as set forth in Standard Methods,
18th, 19th, 20th, 21st, or 22nd ed., Methods 9221 A and B, as follows:
A)
Lactose broth, as commercially available, may be used in lieu of
lauryl tryptose broth if the supplier conducts at least 25 parallel
tests between this medium and lauryl tryptose broth using the
water normally tested and this comparison demonstrates that the
false-positive rate and false-negative rate for total coliforms, using
lactose broth, is less than 10 percent;
B)
If inverted tubes are used to detect gas production, the media
should cover these tubes at least one-half to two-thirds after the
sample is added; and
C)
No requirement exists to run the completed phase on 10 percent of
all total coliform-positive confirmed tubes.
2)
Total Coliform Membrane Filter Technique, as set forth in Standard
Methods, 18th, 19th, 20th, 21st, or 22nd ed., Methods 9222 A, B, and C.
3)
Presence-Absence (P-A) Coliform Test, as set forth in: Standard Methods,
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18th, 19th, 20th, 21st, or 22nd ed., Method 9221 D, as follows:
A)
No requirement exists to run the completed phase on 10 percent of
all total coliform-positive confirmed tubes; and
B)
Six-times formulation strength may be used if the medium is filtersterilized rather than autoclaved.
4)
ONPG-MUG test: Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed.,
Method 9223. (The ONPG-MUG test is also known as the Autoanalysis
Colilert® Test System.)
5)
ColisureTM Test (Autoanalysis Colilert® Test System). (The ColisureTM
Test may be read after an incubation time of 24 hours.)
BOARD NOTE: USEPA included the P-A Coliform and ColisureTM Tests
for testing finished water under the coliform rule, but did not include them
for the purposes of the surface water treatment rule, under Section
611.531, for which quantitation of total coliforms is necessary. For these
reasons, USEPA included Standard Methods, Method 9221 C for the
surface water treatment rule, but did not include it for the purposes of the
total coliform rule, under this Section.
6)
E*Colite® Test (Charm Sciences, Inc.).
7)
m-ColiBlue24® Test (Hatch Company).
8)
Readycult® 2000.
9)
Chromocult® Method.
10)
Colitag® Test.
11)
Modified Colitag™ Method.
12)
Tecta EC/TC P-A Test.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods 9221 A, B,
and D; 9222 A, B, and C; and 9223 as approved alternative methods in appendix A
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to subpart C of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA
added Modified Colitag™ Method as an approved alternative method in appendix
A to subpart C of 40 CFR 141 on November 10, 2009 (at 74 Fed. Reg. 57908).
USEPA added Standard Methods, 22nd ed., Methods 9221 A and B and 9223 B as
approved alternative methods for total coliforms in appendix A to subpart C of 40
CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558). USEPA added Standard
Methods Online, Methods 9221 A and B-06 and 9223 B-04 as approved alternative
methods for total coliforms in appendix A to subpart C of 40 CFR 141 on June 19,
2014 (at 79 Fed. Reg. 35081). Because Standard Methods, 22nd ed., Methods 9221
A and B and 9223 B are the same version as Standard Methods Online, Methods
9221 A and B-06 and 9223 B-04, the Board has not listed the Standard Methods
Online versions separately. USEPA added Tecta EC/TC P-A Test as an approved
alternative method for total coliforms in appendix A to subpart C of 40 CFR 141
on June 19, 2014 (at 79 Fed. Reg. 35081).
d)
This subsection corresponds with 40 CFR 141.21(f)(4), which USEPA has
marked "reserved." This statement maintains structural consistency with the
federal regulations.
e)
Suppliers must conduct fecal coliform analysis in accordance with the following
procedure:
1)
When the MTF Technique or P-A Coliform Test is used to test for total
coliforms, shake the lactose-positive presumptive tube or P-A vigorously
and transfer the growth with a sterile 3-mm loop or sterile applicator stick
into brilliant green lactose bile broth and EC medium, defined below, to
determine the presence of total and fecal coliforms, respectively.
2)
For approved methods that use a membrane filter, transfer the total
coliform-positive culture by one of the following methods: remove the
membrane containing the total coliform colonies from the substrate with
sterile forceps and carefully curl and insert the membrane into a tube of
EC medium; (the laboratory may first remove a small portion of selected
colonies for verification); swab the entire membrane filter surface with a
sterile cotton swab and transfer the inoculum to EC medium (do not leave
the cotton swab in the EC medium); or inoculate individual total coliformpositive colonies into EC medium. Gently shake the inoculated tubes of
EC medium to insure adequate mixing and incubate in a waterbath at 44.5
±0.2° C for 24 ±2 hours. Gas production of any amount in the inner
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fermentation tube of the EC medium indicates a positive fecal coliform
test.
3)
EC medium is described in Standard Methods, 18th ed., 19th ed., 20th, or
22nd ed., Method 9221E.
4)
Suppliers need only determine the presence or absence of fecal coliforms;
a determination of fecal coliform density is not required.
BOARD NOTE: USEPA added Standard Methods, 22nd ed., Method 9221 E as
an approved alternative method for fecal coliforms in appendix A to subpart C of
40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558). USEPA added Standard
Methods Online, Method 9221 E-06 as an approved alternative method for fecal
coliforms in appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed.
Reg. 35081). Because Standard Methods, 22nd ed., Method 9221 E is the same
version as Standard Methods Online, Method 9221 E-06, the Board has not listed
the Standard Methods Online version separately.
f)
Suppliers must conduct analysis of E. coli in accordance with one of the following
analytical methods, incorporated by reference in Section 611.102:
1)
EC medium supplemented with 50 μg/ℓ of MUG (final concentration).
EC medium is as described in subsection (e) of this Section. MUG may
be added to EC medium before autoclaving. EC medium supplemented
with 50 μg/ℓ MUG is commercially available. At least 10 mℓ of EC
medium supplemented with MUG must be used. The inner inverted
fermentation tube may be omitted. The procedure for transferring a total
coliform-positive culture to EC medium supplemented with MUG is as in
subsection (e) of this Section for transferring a total coliform-positive
culture to EC medium. Observe fluorescence with an ultraviolet light (366
nm) in the dark after incubating tube at 44.5 ±2° C for 24 ±2 hours; or
2)
Nutrient agar supplemented with 100 μg/ℓ MUG (final concentration), as
described in Standard Methods, 19thed., 20th, or 22nd ed., Method 9222 G.
This test is used to determine if a total coliform-positive sample, as
determined by the MF technique, contains E. coli. Alternatively, Standard
Methods, 18th ed., Method 9221 B may be used if the membrane filter
containing a total coliform-positive colony or colonies is transferred to
nutrient agar, as described in Method 9221 B (paragraph 3), supplemented
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with 100 μg/ℓ MUG . If Method 9221 B is used, incubate the agar plate at
35° Celsius for four hours, then observe the colony or colonies under
ultraviolet light (366-nm) in the dark for fluorescence. If fluorescence is
visible, E. coli are present.
3)
Minimal Medium ONPG-MUG (MMO-MUG) Test, as set forth in
Appendix D of this Part. (The Autoanalysis Colilert® Test System
(ColisureTM Test) is a MMO-MUG test.) If the MMO-MUG test is total
coliform positive after a 24-hour incubation, test the medium for
fluorescence with a 366-nm ultraviolet light (preferably with a six-watt
lamp) in the dark. If fluorescence is observed, the sample is E. colipositive. If fluorescence is questionable (cannot be definitively read) after
24 hours incubation, incubate the culture for an additional four hours (but
not to exceed 28 hours total), and again test the medium for fluorescence.
The MMO-MUG test with hepes buffer is the only approved formulation
for the detection of E. coli.
4)
The ColisureTM Test (Autoanalysis Colilert® Test System).
5)
The membrane filter method with MI agar.
6)
The E*Colite® Test.
7)
The m-ColiBlue24® Test.
8)
Readycult® 2000.
9)
Chromocult® Method.
10)
Colitag® Test.
11)
ONPG-MUG Test: Standard Methods, 20th, 21st, or 22nd ed., Method 9223
B.
12)
Modified Colitag™ Method.
13)
Tecta EC/TC P-A Test.
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BOARD NOTE: USEPA added Standard Methods, 20th or 21st ed., Method 9223
B and Standard Methods Online, Method 9223 B-97 as approved alternative
methods for E. coli in appendix A to subpart C of 40 CFR 141 on November 10,
2009 (at 74 Fed. Reg. 57908). Because Standard Methods, 21st ed., Method 9223
B is the same version as Standard Methods Online, Method 9223 B-97, the Board
has not listed the Standard Methods Online version separately. USEPA added
Standard Methods, 22nd ed., Method 9223 B as an approved alternative method for
E. coli in appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed.
Reg. 32558). USEPA added Standard Methods Online, Method 9223 B-04 as an
approved alternative method for E. coli in appendix A to subpart C of 40 CFR 141
on June 19, 2014 (at 79 Fed. Reg. 35081). Because Standard Methods, 22nd ed.,
Method 9223 B is the same version as Standard Methods Online, Method 9223 B04, the Board has not listed the Standard Methods Online versions separately.
USEPA added Tecta EC/TC P-A Test as an approved alternative method for total
coliforms in appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed.
Reg. 35081).
g)
As an option to the method set forth in subsection (f)(3) of this Section, a supplier
with a total coliform-positive, MUG-negative, MMO-MUG test may further
analyze the culture for the presence of E. coli by transferring a 0.1 mℓ, 28-hour
MMO-MUG culture to EC medium + MUG with a pipet. The formulation and
incubation conditions of the EC medium + MUG, and observation of the results,
are described in subsection (f)(1) of this Section.
h)
This subsection corresponds with 40 CFR 141.21(f)(8), a central listing of all
documents incorporated by reference into the federal microbiological analytical
methods. The corresponding Illinois incorporations by reference are located at
Section 611.102. This statement maintains structural parity with USEPA
regulations.
BOARD NOTE: Derived from 40 CFR 141.21(f) and appendix A to 40 CFR 141
(2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.531 Analytical Requirements
The analytical methods specified in this Section, or alternative methods approved by the Agency
pursuant to Section 611.480, must be used to demonstrate compliance with the requirements of
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only 611.Subpart B; they do not apply to analyses performed for the purposes of Sections
611.521 through 611.527 of this Subpart L. Measurements for pH, temperature, turbidity, and
RDCs must be conducted under the supervision of a certified operator. Measurements for total
coliforms, fecal coliforms and HPC must be conducted by a certified laboratory in one of the
categories listed in Section 611.490(a). The following procedures must be performed by the
following methods, incorporated by reference in Section 611.102:
a)
A supplier must conduct analyses as follows:
1)
The supplier must conduct analyses for pH in accordance with one of the
methods listed at Section 611.611; and
2)
The supplier must conduct analyses for total coliforms, fecal coliforms,
heterotrophic bacteria, and turbidity in accordance with one of the
following methods, and by using analytical test procedures contained in
USEPA Technical Notes, incorporated by reference in Section 611.102, as
follows:
A)
Total Coliforms.
BOARD NOTE: The time from sample collection to initiation of
analysis for source (raw) water samples required by Sections
611.521 and 611.532 and Subpart B of this Part only must not
exceed eight hours. The supplier is encouraged but not required to
hold samples below 10° C during transit.
i)
Total coliform fermentation technique: Standard Methods,
18th, 19th, 20th, 21st or 22nd ed., Method 9221 A, B, and C.
BOARD NOTE: Lactose broth, as commercially available,
may be used in lieu of lauryl tryptose broth if the supplier
conducts at least 25 parallel tests between this medium and
lauryl tryptose broth using the water normally tested and
this comparison demonstrates that the false-positive rate
and false-negative rate for total coliforms, using lactose
broth, is less than 10 percent. If inverted tubes are used to
detect gas production, the media should cover these tubes at
least one-half to two-thirds after the sample is added. No
requirement exists to run the completed phase on 10
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percent of all total coliform-positive confirmed tubes.
ii)
Total coliform membrane filter technique: Standard
Methods, 18th, 19th, 20th, 21st or 22nd ed., Method 9222 A,
B, and C.
iii)
ONPG-MUG test (also known as the Autoanalysis
Colilert® Test System): Standard Methods, 18th, 19th, 20th,
21st or 22nd ed., Method 9223.
BOARD NOTE: USEPA included the P-A Coliform and
ColisureTM Tests for testing finished water under the
coliform rule, under Section 611.526, but did not include
them for the purposes of the surface water treatment rule,
under this Section, for which quantitation of total coliforms
is necessary. For these reasons, USEPA included Standard
Methods, Method 9221 C for the surface water treatment
rule, but did not include it for the purposes of the total
coliform rule, under Section 611.526.
BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Methods 9221 A, B, and C; 9222 A, B, and C; and 9223 as
approved alternative methods for total coliform in appendix A to
subpart C of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616).
USEPA added standard Methods, 22nd ed., Methods 8221 A, B,
and C and 9223 B as approved alternative methods for total
coliform in appendix A to subpart C of 40 CFR 141 on June 21,
2013 (at 78 Fed. Reg. 37463). USEPA added Standard Methods
Online, Methods 9221 A, B, and C-06 and 9223 B-04 as approved
alternative methods for total coliform in appendix A to subpart C
of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081). Because
Standard Methods, 22nd ed., Methods 9221 A, B, and C and 9223
B are the same versions as Standard Methods Online, Methods
9221 A, B, and C-06 and 9223 B-04, the Board has not listed the
Standard Methods Online versions separately.
B)
Fecal Coliforms.
BOARD NOTE: The time from sample collection to initiation of
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analysis for source (raw) water samples required by Sections
611.521 and 611.532 and Subpart B of this Part only must not
exceed eight hours. The supplier is encouraged but not required to
hold samples below 10° C during transit.
i)
Fecal coliform procedure: Standard Methods, 18th, 19th,
20th, 21st or 22nd ed., Method 9221 E.
BOARD NOTE: A-1 broth may be held up to seven days in
a tightly closed screwcap tube at 4° C (39° F).
ii)
Fecal Coliform Membrane Filter Procedure: Standard
Methods, 18th, 19th, 20th, 21st or 22nd ed., Method 9222 D.
BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Methods 9221 E and 9222 D as approved alternative methods for
fecal coliforms in appendix A to subpart C of 40 CFR 141 on June
3, 2008 (at 73 Fed. Reg. 31616). USEPA added Standard
Methods, 22nd ed., Methods 9221 E and 9222 D as approved
alternative methods for fecal coliforms in appendix A to subpart C
of 40 CFR 141 on June 21, 2013 (at 78 Fed. Reg. 37463). USEPA
added Standard Methods Online, Methods 9221 E-06 and 9222 D06 as approved alternative methods for fecal coliforms in appendix
A to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg.
35081). Because Standard Methods, 22nd ed., Methods 9221 E and
9222 D are the same versions as Standard Methods Online,
Methods 9222 E-06 and 9222 D-06, the Board has not listed the
Standard Methods Online versions separately.
C)
Heterotrophic bacteria.
i)
Pour plate method: Standard Methods, 18th, 19th, 20th, 21st,
or 22nd ed., Method 9215 B.
BOARD NOTE: The time from sample collection to
initiation of analysis must not exceed eight hours. The
supplier is encouraged but not required to hold samples
below 10º C during transit.
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ii)
SimPlate method.
BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Method 9215 B as an approved alternative method for
heterotrophic bacteria in appendix A to subpart C of 40 CFR 141
on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added Standard
Methods, 22nd ed., Methods 9215 B as approved alternative
method for heterotrophic bacteria in appendix A to subpart C of 40
CFR 141 on June 21, 2013 (at 78 Fed. Reg. 37463). USEPA
added Standard Methods Online, Method 9215 B-04 as an
approved alternative method for heterotrophic bacteria in appendix
A to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg.
35081). Because Standard Methods, 22nd ed., Method 9215 B is
the same version as Standard Methods Online, Method 9215 B-04,
the Board has not listed the Standard Methods Online versions
separately.
D)
Turbidity.
BOARD NOTE: Styrene divinyl benzene beads (e.g., AMCOAEPA-1 or equivalent) and stabilized formazin (e.g., Hach
StablCal™ or equivalent) are acceptable substitutes for formazin.
i)
Nephelometric method: Standard Methods, 18th, 19th, 20th,
21st, or 22nd ed., Method 2130 B.
ii)
Nephelometric method: USEPA Environmental Inorganic
Methods, Method 180.1 (rev.2.0).
iii)
GLI Method 2.
iv)
Hach FilterTrak Method 10133.
v)
Laser nephelometry (on-line): Mitchell Method M5271.
vi)
LED nephelometry (on-line): Mitchell Method M5331 or
AMI Turbiwell Method.
vii)
LED nephelometry (portable): Orion Method AQ4500.
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BOARD NOTE: USEPA added Standard Methods, 21st ed.,
Method 9130 B as an approved alternative method for turbidity in
appendix A to subpart C of 40 CFR 141 on June 3, 2008 (at 73
Fed. Reg. 31616). USEPA added Mitchell Method M5271 and
Orion Method AQ4500 as approved alternative methods for
turbidity in appendix A to subpart C of 40 CFR 141 on August 3,
2009 (at 74 Fed. Reg. 38348). USEPA added AMI Turbiwell
Method as an approved alternative method for turbidity in
appendix A to subpart C of 40 CFR 141 on November 10, 2009 (at
74 Fed. Reg. 57908). USEPA added Standard Methods, 22nd ed.,
Method 2130 B as an approved alternative method for turbidity in
appendix A to subpart C of 40 CFR 141 on June 21, 2013 (at 78
Fed. Reg. 37463).
E)
b)
Temperature: Standard Methods, 18th, 19th, 20th, or 21st ed.,
Method 2550.
A supplier must measure residual disinfectant concentrations with one of the
following analytical methods:
1)
Free chlorine.
A)
Amperometric Titration.
i)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-Cl D.
ii)
ASTM Method D1253-03 or D1253-08.
B)
DPD Ferrous Titrimetric: Standard Methods, 18th, 19th, 20th, 21st,
or 22nd ed., Method 4500-Cl F.
C)
DPD Colimetric: Standard Methods, 18th, 19th, 20th, 21st or 22nd
ed., Method 4500-Cl G.
i)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-Cl G; or
ii)
Hach Method 10260.
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D)
Syringaldazine (FACTS): Standard Methods, 18th, 19th, 20th, 21st,
or 22nd ed., Method 4500-Cl H.
E)
On-line chlorine analyzer: USEPA OGWDW Methods, Method
334.0.
F)
Amperometric sensor: Palintest ChloroSense.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
4500-Cl D, F, G, and H; Method 4500-ClO2 C and E as approved
alternative methods for free chlorine in appendix A to subpart C of 40
CFR 141, added on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
ASTM Method D1253-08, USEPA OGWDW Methods, Method 334.0,
and Palintest ChloroSense as approved alternative methods for free
chlorine in appendix A to subpart C of 40 CFR 141 on November 10,
2009 (at 74 Fed. Reg. 57908). USEPA added Standard Methods, 22nd ed.,
Methods 4500-CI B, F, G and H as approved alternative methods for free
chlorine in appendix A to subpart C of 40 CFR 141 on June 21, 2013 (at
78 Fed. Reg. 37463). USEPA added Hach Method 10260 as an approved
alternative method for total chlorine in appendix A to subpart C of 40 CFR
141 on June 19, 2014 (at 79 Fed. Reg. 35081).
2)
Total chlorine.
A)
Amperometric Titration:
i)
Standard Methods, 18th, 19th, 20th, 21st or 22nd ed., Method
4500-Cl D.
ii)
ASTM Method D1253-03 or D1253-08.
B)
Amperometric Titration (low level measurement): Standard
Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method 4500-Cl E.
C)
DPD Ferrous Titrimetric: Standard Methods, 18th, 19th, 20th, 21st,
or 22nd ed., Method 4500-Cl F.
D)
DPD Colimetric: Standard Methods, 18th, 19th, 20th, 21st or 22nd
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ed., Method 4500-Cl G.
i)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed.,
Method 4500-Cl G; or
ii)
Hach Method 10260.
E)
Iodometric Electrode: Standard Methods, 18th, 19th, 20th, 21st, or
22nd ed., Method 4500-Cl I.
F)
On-line chlorine analyzer: USEPA OGWDW Methods, Method
334.0.
G)
Amperometric sensor: Palintest ChloroSense.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
4500-Cl D, E, F, G, and I as approved alternative methods for total
chlorine in appendix A to subpart C of 40 CFR 141, added on June 3,
2008 (at 73 Fed. Reg. 31616). USEPA added ASTM Method D1253-08,
USEPA OGWDW Methods, Method 334.0, and Palintest ChloroSense as
approved alternative methods for total chlorine in appendix A to subpart C
of 40 CFR 141 on November 10, 2009 (at 74 Fed. Reg. 57908). USEPA
added Standard Methods, 22nd ed., Methods 4500-CI D, E, F, G and I as
approved alternative methods for total chlorine in appendix A to subpart C
of 40 CFR 141 on June 21, 2013 (at 78 Fed. Reg. 37463). USEPA added
Hach Method 10260 as an approved alternative method for total chlorine
in appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed.
Reg. 35081).
3)
Chlorine dioxide.
A)
Amperometric Titration: Standard Methods, 18th, 19th, 20th, 21st or
22nd ed., Method 4500-ClO2 C or E.
i)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-ClO2 C or E; or
ii)
ChlordioX Plus Test.
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B)
DPD Method: Standard Methods, 18th, 19th, or 20th ed., Method
4500-ClO2 D.
C)
Spectrophotometric: USEPA OGWDW Methods, Method 327.0
(rev. 1.1).
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method
4500-CIO2 C, D, and E and Method 4500-O3 B as approved alternative
methods for chlorine dioxide in appendix A to subpart C of 40 CFR 141,
added on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added Standard
Methods, 22nd ed., Methods 4500-CIO2 C and E as approved alternative
methods for chlorine dioxide in appendix A to subpart C of 40 CFR 141
on May 31, 2013 (at 78 Fed. Reg. 32558). USEPA added Hach Method
10260 as an approved alternative method for free chlorine and total
chlorine and ChlordioX Plus Test as an approved alternative method for
chlorine dioxide in appendix A to subpart C of 40 CFR 141 on June 19,
2014 (at 79 Fed. Reg. 35081).
4)
Ozone: Indigo Method: Standard Methods, 18th, 19th, 20th, 21st, or 22nd
ed, Method 4500-O3 B.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method
4500-O3 B as an approved alternative method for ozone in appendix A to
subpart C of 40 CFR 141, added on June 3, 2008 (at 73 Fed. Reg. 31616).
USEPA added Standard Methods, 22nd ed., Method 4500-O3 B as an
approved alternative method for ozone in appendix A to subpart C of 40
CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
5)
Alternative test methods: The Agency may grant a SEP pursuant to
Section 611.110 that allows a supplier to use alternative chlorine test
methods as follows:
A)
DPD colorimetric test kits: Residual disinfectant concentrations
for free chlorine and combined chlorine may also be measured by
using DPD colorimetric test kits.
B)
Continuous monitoring for free and total chlorine: Free and total
chlorine residuals may be measured continuously by adapting a
specified chlorine residual method for use with a continuous
monitoring instrument, provided the chemistry, accuracy, and
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precision remain the same. Instruments used for continuous
monitoring must be calibrated with a grab sample measurement at
least every five days or as otherwise provided by the Agency.
BOARD NOTE: Suppliers may use a five-tube test or a 10-tube
test.
BOARD NOTE: Derived from 40 CFR 141.74(a) and appendix A to subpart C of 40
CFR 141 (2014)(2009).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART N: INORGANIC MONITORING AND ANALYTICAL REQUIREMENTS
Section 611.600 Applicability
The following types of suppliers must conduct monitoring to determine compliance with the old
MCLs in Section 611.300 and the revised MCLs in 611.301, as appropriate, in accordance with
this Subpart N:
a)
CWS suppliers.
b)
NTNCWS suppliers.
c)
Transient non-CWS suppliers to determine compliance with the nitrate and nitrite
MCLs.
d)
Detection limits. The following are detection limits for purposes of this Subpart
N (MCLs from Section 611.301 are set forth for information purposes only):
Contaminant
MCL (mg/ℓ,
except asbestos)
Antimony
0.006
Method
Atomic absorption − furnace
technique
Detection
Limit
(mg/ℓ)
0.003
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Arsenic
0.010
Atomic absorption − furnace
technique (stabilized
temperature)
0.00085
Inductively coupled plasmamass spectrometry
0.0004
Atomic absorption − gaseous
hydride technique
0.001
Atomic absorption − furnace
technique
0.001
Atomic absorption − furnace
technique (stabilized
temperature)
0.000056
Atomic absorption − gaseous
hydride technique
0.001
Inductively coupled plasmamass spectrometry
0.00147
Asbestos
7 MFL1
Transmission electron
microscopy
0.01
MFL
Barium
2
Atomic absorption − furnace
technique
0.002
Atomic absorption − direct
aspiration technique
0.1
Inductively coupled plasma
arc furnace
0.002
Inductively coupled plasma
0.001
Atomic absorption − furnace
technique
0.0002
Beryllium
0.004
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Cadmium
Chromium
Cyanide
0.005
0.1
0.2
Atomic absorption − furnace
technique (stabilized
temperature)
0.000025
Inductively coupled plasma2
0.0003
Inductively coupled plasmamass spectrometry
0.0003
Atomic absorption − furnace
technique
0.0001
Inductively coupled plasma
0.001
Atomic absorption − furnace
technique
0.001
Inductively coupled plasma
0.007
Inductively coupled plasma
0.001
Distillation,
spectrophotometric3
0.02
Automated distillation,
spectrophotometric3
0.005
Distillation, selective
electrode3
0.05
Distillation, amenable,
spectrophotometric4
0.02
UV, distillation,
spectrophotometric8
0.0005
Micro distillation, flow
injection,
spectrophotometric3
0.0006
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Mercury
Nickel
Nitrate (as N)
Nitrite (as N)
0.002
No MCL
10
1
Ligand exchange with
amperometry4
0.0005
Manual cold vapor technique
0.0002
Automated cold vapor
technique
0.0002
Atomic absorption − furnace
technique
0.001
Atomic absorption − furnace
technique (stabilized
temperature)
0.00065
Inductively coupled plasma2
0.005
Inductively coupled plasmamass spectrometry
0.0005
Manual cadmium reduction
0.01
Automated hydrazine
reduction
0.01
Automated cadmium
reduction
Ion-selective electrode
0.05
Ion chromatography
0.01
Capillary ion
electrophoresis
0.076
Spectrophotometric
0.01
Automated cadmium
reduction
0.05
1
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Selenium
Thallium
0.05
0.002
Manual cadmium reduction
0.01
Ion chromatography
0.004
Capillary ion
electrophoresis
0.103
Atomic absorption − furnace
technique
0.002
Atomic absorption − gaseous
hydride technique
0.002
Atomic absorption − furnace
technique
0.001
Atomic absorption − furnace
technique (stabilized
temperature)
0.00075
Inductively coupled plasmamass spectrometry
0.0003
Footnotes.
1
"MFL" means millions of fibers per liter less than 10 μm.
2
Using a 2x preconcentration step as noted in Method 200.7. Lower MDLs
may be achieved when using a 4x preconcentration.
3
Screening method for total cyanides.
4
Measures "free" cyanides when distillation, digestion, or ligand exchange is
omitted.
5
Lower MDLs are reported using stabilized temperature graphite furnace
atomic absorbtion.
6
7
The MDL reported for USEPA Method 200.9 (atomic absorption-platform
furnace (stabilized temperature)) was determined using a 2x concentration
step during sample digestion. The MDL determined for samples analyzed
using direct analyses (i.e., no sample digestion) will be higher. Using
multiple depositions, USEPA Method 200.9 is capable of obtaining an MDL
of 0.0001 mg/ℓ.
Using selective ion monitoring, USEPA Method 200.8 (ICP-MS) is capable
of obtaining an MDL of 0.0001 mg/ℓ.
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8
Measures total cyanides when UV-digestor is used, and "free" cyanides when
UV-digestor is bypassed.
BOARD NOTE: Subsections (a) through (c) of this Section are derived from 40 CFR 141.23
preamble (2014)(2012), and subsection (d) of this Section is derived from 40 CFR 141.23
(a)(4)(i) and appendix A to subpart C of 40 CFR 141 (2014)(2012). See the Board Note at
Section 611.301(b) relating to the MCL for nickel.
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.611 Inorganic Analysis
Analytical methods are from documents incorporated by reference in Section 611.102. These are
mostly referenced by a short name defined by Section 611.102(a). Other abbreviations are
defined in Section 611.101.
a)
Analysis for the following contaminants must be conducted using the following
methods or an alternative method approved pursuant to Section 611.480. Criteria
for analyzing arsenic, chromium, copper, lead, nickel, selenium, sodium, and
thallium with digestion or directly without digestion, and other analytical
procedures, are contained in USEPA Technical Notes, incorporated by reference
in Section 611.102.
BOARD NOTE: Because MDLs reported in USEPA Environmental Metals
Methods 200.7 and 200.9 were determined using a 2 preconcentration step
during sample digestion, MDLs determined when samples are analyzed by direct
analysis (i.e., no sample digestion) will be higher. For direct analysis of cadmium
and arsenic by USEPA Environmental Metals Method 200.7, and arsenic by
Standard Methods, Method 3120 B, sample preconcentration using pneumatic
nebulization may be required to achieve lower detection limits. Preconcentration
may also be required for direct analysis of antimony, lead, and thallium by
USEPA Environmental Metals Method 200.9; antimony and lead by Standard
Methods, 18th, 19th, or 21st ed., Method 3113 B; and lead by ASTM Method
D3559-96 D or D3559-03 D unless multiple in-furnace depositions are made.
1)
Alkalinity.
A)
Titrimetric.
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B)
i)
ASTM Method D1067-92 B, D1067-02 B, D1067-06 B, or
D1067-11 B; or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
2320 B.; or
iii)
Standard Methods Online, Method 3113 B-04.
Electrometric titration: USGS Methods, Method I-1030-85.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method 2320
B as an approved alternative method for alkalinity in appendix A to
subpart C of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616).
USEPA added ASTM Method D1067-06 B and Standard Methods Online,
Method 3113 B-04 as approved alternative methods for alkalinity in
appendix A to subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed. Reg.
37014). USEPA added Standard Methods, 22nd ed., Method 2320 B and
ASTM Method D1067-11 B as approved alternative methods for alkalinity
in appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed.
Reg. 32558).
2)
Antimony.
A)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
B)
Atomic absorption, hydride technique: ASTM Method D3697-92,
D3697-02, or D3697-07.
C)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
D)
Atomic absorption, furnace technique:
i)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
ii)
Standard Methods Online, Method 3113 B-04.
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E)
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method
3113B and USEPA NERL Method 200.5 as approved alternative methods
for antimony in appendix A to subpart C of 40 CFR 141 on June 3, 2008
(at 73 Fed. Reg. 31616). USEPA added ASTM Method D3697-07 as an
approved alternative method for antimony in appendix A to subpart C of
40 CFR 141 on November 10, 2009 (at 74 Fed. Reg. 57908. USEPA
added Standard Methods Online, Method 3113 B-04 as an approved
alternative method for antimony in appendix A to subpart C of 40 CFR
141 on June 24, 2011 (at 76 Fed. Reg. 37014). USEPA added Standard
Methods, 22nd ed., Method 3113 B as an approved alternative method for
antimony in appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at
78 Fed. Reg. 32558). USEPA added Standard Methods Online, Method
3113 B-10 as an approved alternative method for antimony in appendix A
to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081).
Because Standard Methods, 22nd ed., Method 3113 B is the same version
as Standard Methods Online, Method 9223 B-10, the Board has not listed
the Standard Methods Online versions separately.
3)
Arsenic.
BOARD NOTE: If ultrasonic nebulization is used in the determination of
arsenic by Method 200.8, the arsenic must be in the pentavalent state to
provide uniform signal response. For direct analysis of arsenic with
Method 200.8 using ultrasonic nebulization, samples and standards must
contain one mg/ℓ of sodium hypochlorite.
A)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
B)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
C)
Atomic absorption, furnace technique.
i)
ASTM Method D2972-97 C, D2972-03 C, or D2972-08 C;
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D)
E)
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
iii)
Standard Methods Online, Method 3113 B-04.
Atomic absorption, hydride technique.
i)
ASTM Method D2972-97 B, D2972-03 C, or D2972-08 B;
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3114
B; or
iii)
Standard Methods Online, Method 3114 B-04.
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3113 B and 3114 B and USEPA NERL Method 200.5 as approved
alternative methods for arsenic in appendix A to subpart C of 40 CFR 141
on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added ASTM Methods
D2972-08 B and C as approved alternative methods for arsenic in
appendix A to subpart C of 40 CFR 141 on November 10, 2009 (at 74
Fed. Reg. 57908). USEPA added Standard Methods Online, Method 3113
B-04 and Method 3114 B-09 as approved alternative methods for arsenic
in appendix A to subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed.
Reg. 37014). USEPA added Standard Methods, 22nd ed., Methods 3113 B
and 3114 B as approved alternative methods for arsenic in appendix A to
subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
Because Standard Methods, 22nd ed., Method 3114 B is the same version
as Standard Methods Online 3114 B-09, the Board has not listed the
Standard Methods Online version separately. USEPA added Standard
Methods Online, Method 3113 B-10 as an approved alternative method for
arsenic in appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at 79
Fed. Reg. 35081). Because Standard Methods, 22nd ed., Method 3113 B is
the same version as Standard Methods Online, Method 9223 B-10, the
Board has not listed the Standard Methods Online versions separately.
4)
Asbestos: Transmission electron microscopy: USEPA Asbestos Method100.1 or USEPA Asbestos Method 100.2.
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5)
Barium.
A)
Inductively coupled plasma.
i)
USEPA Environmental Metals Methods, Method 200.7
(rev. 4.4); or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
3120 B.
B)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
C)
Atomic absorption, direct aspiration technique: Standard Methods,
18th, 19th, 21st, or 22nd ed., Method 3111 D.
D)
Atomic absorption, furnace technique:
E)
i)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
ii)
Standard Methods Online, Method 3113 B-04.
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3111 D, 3113 B, and 3120 B and USEPA NERL Method 200.5 as
approved alternative methods for barium in appendix A to subpart C of 40
CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
Standard Methods Online, Method 3113 B-04 as an approved alternative
method for barium in appendix A to subpart C of 40 CFR 141 on June 24,
2011 (at 76 Fed. Reg. 37014). USEPA added Standard Methods, 22nd ed.,
Methods 3111 D, 3113 B, and 3120 B as approved alternative methods for
barium in appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at 78
Fed. Reg. 32558). USEPA added Standard Methods Online, Method 3113
B-10 as an approved alternative method for barium in appendix A to
subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081).
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Because Standard Methods, 22nd ed., Method 3113 B is the same version
as Standard Methods Online, Method 9223 B-10, the Board has not listed
the Standard Methods Online versions separately.
6)
Beryllium.
A)
Inductively coupled plasma.
i)
USEPA Environmental Metals Methods, Method 200.7
(rev. 4.4); or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
3120 B.
B)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
C)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
D)
Atomic absorption, furnace technique.
E)
i)
ASTM Method D3645-97 B, D3645-03 B, or D3645-08 B;
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
iii)
Standard Methods Online, Method 3113 B-04.
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3113 B and 3120 B and USEPA NERL Method 200.5 as approved
alternative methods for beryllium in appendix A to subpart C of 40 CFR
141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added ASTM
Method D3645-08 B as an approved alternative method for beryllium in
appendix A to subpart C of 40 CFR 141 on November 10, 2009 (at 74
Fed. Reg. 57908). USEPA added Standard Methods Online, Method 3113
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B-04 as an approved alternative method for beryllium in appendix A to
subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed. Reg. 37014).
USEPA added Standard Methods, 22nd ed., Methods 3113 B and 3120 B
as approved alternative methods for beryllium in appendix A to subpart C
of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558). USEPA added
Standard Methods Online, Method 3113 B-10 as an approved alternative
method for beryllium in appendix A to subpart C of 40 CFR 141 on June
19, 2014 (at 79 Fed. Reg. 35081). Because Standard Methods, 22nd ed.,
Method 3113 B is the same version as Standard Methods Online, Method
9223 B-10, the Board has not listed the Standard Methods Online versions
separately.
7)
Cadmium.
A)
Inductively coupled plasma arc furnace: USEPA Environmental
Metals Methods, Method 200.7 (rev. 4.4).
B)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
C)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
D)
Atomic absorption, furnace technique:
E)
i)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
ii)
Standard Methods Online, Method 3113 B-04.
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method 3113
B and USEPA NERL Method 200.5 as approved alternative methods for
cadmium in appendix A to subpart C of 40 CFR 141 on June 3, 2008 (at
73 Fed. Reg. 31616). USEPA added Standard Methods Online, Method
3113 B-04 as an approved alternative method for cadmium in appendix A
to subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed. Reg. 37014).
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USEPA added Standard Methods, 22nd ed., Method 3113 B as an approved
alternative method for cadmium in appendix A to subpart C of 40 CFR
141 on May 31, 2013 (at 78 Fed. Reg. 32558). USEPA added Standard
Methods Online, Method 3113 B-10 as an approved alternative method for
cadmium in appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at
79 Fed. Reg. 35081). Because Standard Methods, 22nd ed., Method 3113
B is the same version as Standard Methods Online, Method 9223 B-10, the
Board has not listed the Standard Methods Online versions separately.
8)
Calcium.
A)
B)
C)
EDTA titrimetric.
i)
ASTM Method D511-93 A, D511-03 A, or D511-09 A; or
ii)
Standard Methods, 18th or 19th ed., Method 3500-Ca D or
Standard Methods, 20th, 21st, or 22nd ed., Method 3500-Ca
B.
Atomic absorption, direct aspiration.
i)
ASTM Method D511-93 B, D511-03 B, or D511-09 B; or
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3111
B.
Inductively coupled plasma.
i)
USEPA Environmental Metals Methods, Method 200.7
(rev. 4.4); or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
3120 B.
D)
Ion chromatography: ASTM Method D6919-03 or D6919-09.
E)
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
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BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3111 B, 3120 B, and 3500-Ca B and USEPA NERL Method 200.5 as
approved alternative methods for calcium in appendix A to subpart C of
40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
ASTM Methods D511-09 A and B as approved alternative methods for
calcium in appendix A to subpart C of 40 CFR 141 on November 10, 2009
(at 74 Fed. Reg. 57908). USEPA added ASTM Method D6919-09 as an
approved alternative method for calcium in appendix A to subpart C of 40
CFR 141 on June 24, 2011 (at 76 Fed. Reg. 37014). USEPA added
Standard Methods, 22nd ed., Methods 3111 B, 3120 B, and 3500-Ca B as
approved alternative methods for calcium in appendix A to subpart C of
40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
9)
Chromium.
A)
Inductively coupled plasma.
i)
USEPA Environmental Metals Methods, Method 200.7
(rev. 4.4); or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
3120 B.
B)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
C)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
D)
Atomic absorption, furnace technique:
E)
i)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
ii)
Standard Methods Online, Method 3113 B-04.
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
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BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3113 B and 3120 B and USEPA NERL Method 200.5 as approved
alternative methods for chromium in appendix A to subpart C of 40 CFR
141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added Standard
Methods Online, Method 3113 B-04 as an approved alternative method for
chromium in appendix A to subpart C of 40 CFR 141 on June 24, 2011 (at
76 Fed. Reg. 37014). USEPA added Standard Methods, 22nd ed., Methods
3113 B and 3120 B as approved alternative methods for chromium in
appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg.
32558). USEPA added Standard Methods Online, Method 3113 B-10 as
an approved alternative method for chromium in appendix A to subpart C
of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081). Because
Standard Methods, 22nd ed., Method 3113 B is the same version as
Standard Methods Online, Method 9223 B-10, the Board has not listed the
Standard Methods Online versions separately.
10)
Copper.
A)
B)
C)
Atomic absorption, furnace technique.
i)
ASTM Method D1688-95 C, D1688-02 C, or D1688-07 C;
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
iii)
Standard Methods Online, Method 3113 B-04.
Atomic absorption, direct aspiration.
i)
ASTM Method D1688-95 A, D1688-02 A, or D1688-07 A;
or
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3111
B.
Inductively coupled plasma.
i)
USEPA Environmental Metals Methods, Method 200.7
(rev. 4.4); or
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ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
3120 B.
D)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
E)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
F)
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3111 B, 3113 B, and 3120 B and USEPA NERL Method 200.5 as an
approved alternative method for copper in appendix A to subpart C of 40
CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added ASTM
Methods D1688-07 A and C as approved alternative methods for copper in
appendix A to subpart C of 40 CFR 141 on November 10, 2009 (at 74
Fed. Reg. 57908). USEPA added Standard Methods Online, Method 3113
B-04 as an approved alternative method for copper in appendix A to
subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed. Reg. 37014).
USEPA added Standard Methods, 22nd ed., Methods 3111 B, 3113 B, and
3120 B as approved alternative methods for copper in appendix A to
subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
USEPA added Standard Methods Online, Method 3113 B-10 as an
approved alternative method for copper in appendix A to subpart C of 40
CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081). Because Standard
Methods, 22nd ed., Method 3113 B is the same version as Standard
Methods Online, Method 9223 B-10, the Board has not listed the Standard
Methods Online versions separately.
11)
Conductivity; Conductance.
A)
ASTM Method D1125-95(1999) A; or
B)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method 2510
B.
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BOARD NOTE: USEPA added Standard Methods, 21st ed., Method 2510
B as an approved alternative method for conductivity in appendix A to
subpart C of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616).
USEPA added Standard Methods, 22nd ed., Method 2510 B as an approved
alternative method for conductivity in appendix A to subpart C of 40 CFR
141 on May 31, 2013 (at 78 Fed. Reg. 32558).
12)
Cyanide.
A)
B)
Manual distillation (ASTM Method D2036-98 A or Standard
Methods, 18th, 19th, or 20th ed., Method 4500-CN- C), followed by
spectrophotometric, amenable.
i)
ASTM Method D2036-98 B or D2036-06 B; or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-CN- G.
Manual distillation (ASTM Method D2036-98 A or Standard
Methods, 18th, 19th, or 20th ed., Method 4500-CN- C), followed by
spectrophotometric, manual.
i)
ASTM Method D2036-98 A or D2036-06 A;
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-CN- E; or
iii)
USGS Methods, Method I-3300-85.
C)
Spectrophotometric, semiautomated: USEPA Environmental
Inorganic Methods, Method 335.4 (rev. 1.0).
D)
Selective electrode: Standard Methods, 18th, 19th, 20th, 21st, or 22nd
ed., Method 4500-CN- F.
E)
UV/Distillation/Spectrophotometric: Kelada 01.
F)
Microdistillation/Flow Injection/Spectrophotometric: QuikChem
10-204-00-1-X.
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G)
H)
Ligand exchange and amperometry.
i)
ASTM Method D6888-04.
ii)
OI Analytical Method OIA-1677 DW.
Gas chromatography-mass spectrometry headspace: Method
ME355.01.
BOARD NOTE: USEPA added ASTM Method D2036-06 A and
Standard Methods, 21st ed., Methods 4500-CN-E, F, and G as approved
alternative methods for cyanide in appendix A to subpart C of 40 CFR 141
on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added Method
ME355.01 as an approved alternative method for cyanide in appendix A to
subpart C of 40 CFR 141 on August 3, 2009 (at 74 Fed. Reg. 38348).
USEPA added Standard Methods, 22nd ed., Methods 4500-CN- E, F, and G
as approved alternative methods for cyanide in appendix A to subpart C of
40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
13)
Fluoride.
A)
Ion Chromatography.
i)
USEPA Environmental Inorganic Methods, Method 300.0
(rev. 2.1) or USEPA Organic and Inorganic Methods,
Method 300.1 (rev. 1.0);
ii)
ASTM Method D4327-97, or D4327-03, or D4327-11;
iii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4110 B; or
iv)
Hach SPADNS 2 Method 10225.
B)
Manual distillation, colorimetric SPADNS: Standard Methods,
18th, 19th, 20th, 21st, or 22nd ed., Method 4500-F- B and D.
C)
Manual electrode.
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i)
ASTM Method D1179-93 B, D1179-99 B, D1179-04 B, or
D1179-10B; or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-F- C.
D)
Automated electrode: Technicon Methods, Method 380-75WE.
E)
Automated alizarin.
F)
i)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-F- E; or
ii)
Technicon Methods, Method 129-71W.
Capillary ion electrophoresis: ASTM Method D6508-00(2005).
BOARD NOTE: On March 12, 2007 (at 72 Fed. Reg. 11200),
USEPA amended the entry for fluoride to add capillary ion
electrophoresis in the table at corresponding 40 CFR 141.23(k)(1)
to allow the use of "Waters Method D6508, Rev. 2." The Board
attempt to locate a copy of the method disclosed that it is an
ASTM method originally approved in 2000 and reapproved in
2005. The Board has cited to the ASTM Method D6508-00
(2005).
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
4110 B and 4500-F - B, C, D, and E and ASTM Method D1179-04 B as
approved alternative methods for fluoride in appendix A to subpart C of
40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
Hach SPADNS 2 Method 10225 as an approved alternative method for
fluoride in appendix A to subpart C of 40 CFR 141 on June 24, 2011 (at
76 Fed. Reg. 37014). USEPA added ASTM Method D1179-10 B as an
approved alternative method for fluoride in appendix A to subpart C of 40
CFR 141 on June 28, 2012 (at 77 Fed. Reg. 38523). USEPA added
Standard Methods, 22nd ed., Methods 4110 B and 4500-F- B, C, D, and E
as approved alternative methods for fluoride in appendix A to subpart C of
40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558). USEPA added
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ASTM Method D4327-11 as an approved alternative method for fluoride
in appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed.
Reg. 35081).
14)
Lead.
A)
Atomic absorption, furnace technique.
i)
ASTM Method D3559-96 D, D3559-03 D, or D3559-08 D;
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
iii)
Standard Methods Online, Method 3113 B-04.
B)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
C)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
D)
Differential Pulse Anodic Stripping Voltammetry: Palintest
Method 1001.
E)
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method 3113
B and USEPA NERL Method 200.5 as approved alternative methods for
lead in appendix A to subpart C of 40 CFR 141 on June 3, 2008 (at 73
Fed. Reg. 31616). USEPA added ASTM Method D3559-08 D as an
approved alternative method for lead in appendix A to subpart C of 40
CFR 141 on November 10, 2009 (at 74 Fed. Reg. 57908). USEPA added
Standard Methods Online, Method 3113 B-04 as an approved alternative
method for lead in appendix A to subpart C of 40 CFR 141 on June 24,
2011 (at 76 Fed. Reg. 37014). USEPA added Standard Methods, 22nd ed.,
Method 3113 B as an approved alternative method for lead in appendix A
to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
USEPA added Standard Methods Online, Method 3113 B-10 as an
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approved alternative method for lead in appendix A to subpart C of 40
CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081). Because Standard
Methods, 22nd ed., Method 3113 B is the same version as Standard
Methods Online, Method 9223 B-10, the Board has not listed the Standard
Methods Online versions separately.
15)
Magnesium.
A)
B)
C)
Atomic absorption.
i)
ASTM Method D511-93 B, D511-03 B, or D511-09 B; or
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3111
B.
Inductively coupled plasma.
i)
USEPA Environmental Metals Methods, Method 200.7
(rev. 4.4); or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
3120 B.
Complexation titrimetric.
i)
ASTM Method D511-93 A, D511-03 A, or D511-09 A; or
ii)
Standard Methods, 18th or 19th ed., Method 3500-Mg E or
Standard Methods, 20th, 21st, or 22nd ed., Method 3500-Mg
B.
D)
Ion chromatography: ASTM Method D6919-03 or D6919-09.
E)
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3111 B, 3120 B, and 3500-Mg B and USEPA NERL Method 200.5 as
approved alternative methods for magnesium in appendix A to subpart C
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of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
ASTM Methods D511-09 A and B as approved alternative methods for
magnesium in appendix A to subpart C of 40 CFR 141 on November 10,
2009 (at 74 Fed. Reg. 57908). USEPA added ASTM Method D6919-09
as an approved alternative method for magnesium in appendix A to
subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed. Reg. 37014).
USEPA added Standard Methods, 22nd ed., Methods 3111 B, 3120 B, and
3500-Mg B as approved alternative methods for magnesium in appendix A
to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
16)
Mercury.
A)
Manual cold vapor technique.
i)
USEPA Environmental Metals Methods, Method 245.1
(rev. 3.0);
ii)
ASTM Method D3223-97, or D3223-02, or D3223-12; or
iii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3112
B.
B)
Automated cold vapor technique: USEPA Inorganic Methods,
Method 245.2.
C)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method 3112
B as an approved alternative method for mercury in appendix A to subpart
C of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
Standard Methods Online, Method 3112 B-09 as an approved alternative
method for mercury in appendix A to subpart C of 40 CFR 141 on June
28, 2012 (at 77 Fed. Reg. 38523). USEPA added Standard Methods, 22nd
ed., Method 3112 B as an approved alternative method for mercury in
appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg.
32558). Because Standard Methods, 22nd ed., Method 3112 B is the same
version as Standard Methods Online 3112 B-09, the Board has not listed
the Standard Methods Online version separately. USEPA added ASTM
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D3223 B-12 as an approved alternative method for mercury in appendix A
to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081).
17)
Nickel.
A)
Inductively coupled plasma.
i)
USEPA Environmental Metals Methods, Method 200.7
(rev. 4.4); or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
3120 B.
B)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
C)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
D)
Atomic absorption, direct aspiration technique: Standard Methods,
18th, 19th, 21st, or 22nd ed., Method 3111 B.
E)
Atomic absorption, furnace technique:
F)
i)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
ii)
Standard Methods Online, Method 3113 B-04.
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3111 B, 3113 B, and 3120 B and USEPA NERL Method 200.5 as
approved alternative methods for nickel in appendix A to subpart C of 40
CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
Standard Methods Online, Method 3113 B-04 as an approved alternative
method for nickel in appendix A to subpart C of 40 CFR 141 on June 24,
2011 (at 76 Fed. Reg. 37014). USEPA added Standard Methods, 22nd ed.,
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Methods 3111 B, 3113 B, and 3120 B as approved alternative methods for
nickel in appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at 78
Fed. Reg. 32558). USEPA added Standard Methods Online, Method 3113
B-10 as an approved alternative method for nickel in appendix A to
subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081).
Because Standard Methods, 22nd ed., Method 3113 B is the same version
as Standard Methods Online, Method 9223 B-10, the Board has not listed
the Standard Methods Online versions separately.
18)
Nitrate.
A)
B)
C)
Ion chromatography.
i)
USEPA Environmental Inorganic Methods, Method 300.0
(rev. 2.1) or USEPA Organic and Inorganic Methods,
Method 300.1 (rev. 1.0);
ii)
ASTM Method D4327-97, or D4327-03. or D4327-11;
iii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4110 B; or
iv)
Waters Test Method B-1011, available from Millipore
Corporation.
Automated cadmium reduction.
i)
USEPA Environmental Inorganic Methods, Method 353.2
(rev. 2.0);
ii)
ASTM Method D3867-90 A; or
iii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-NO3- F.
Ion selective electrode.
i)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-NO3- D; or
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ii)
D)
Technical Bulletin 601.
Manual cadmium reduction.
i)
ASTM Method D3867-90 B; or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-NO3- E.
E)
Capillary ion electrophoresis: ASTM Method D6508-00(2005).
F)
Reduction-colorimetric: Systea Easy (1-Reagent).
G)
Direct colorimetric: Hach TNTplus 835/836 Method 10206.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
4110 B and 4500-NO3- D, E, and F as approved alternative methods for
nitrate in appendix A to subpart C of 40 CFR 141 on June 3, 2008 (at 73
Fed. Reg. 31616). USEPA added Systea Easy (1-Reagent) as an approved
alternative method for nitrate in appendix A to subpart C of 40 CFR 141
on August 3, 2009 (at 73 Fed. Reg. 38348). USEPA added Hach TNTplus
835/836 Method 10206 as an approved alternative method for nitrate in
appendix A to subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed. Reg.
37014). USEPA added Standard Methods, 22nd ed., Methods 4110 B and
4500-NO3- D, E, and F as approved alternative methods for nitrate in
appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg.
32558). USEPA added ASTM D4327-11 as an approved alternative
method for nitrate in appendix A to subpart C of 40 CFR 141 on June 19,
2014 (at 79 Fed. Reg. 35081).
19)
Nitrite.
A)
Ion chromatography.
i)
USEPA Environmental Inorganic Methods, Method 300.0
(rev. 2.1) or USEPA Organic and Inorganic Methods,
Method 300.1 (rev. 1.0);
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B)
C)
ii)
ASTM Method D4327-97, or D4327-03, or D4327-11;
iii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4110 B; or
iv)
Waters Test Method B-1011, available from Millipore
Corporation.
Automated cadmium reduction.
i)
USEPA Environmental Inorganic Methods, Method 353.2
(rev. 2.0);
ii)
ASTM Method D3867-90 A; or
iii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-NO3- F.
Manual cadmium reduction.
i)
ASTM Method D3867-90 B; or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-NO3- E.
D)
Spectrophotometric: Standard Methods, 18th, 19th, 20th, 21st, or
22nd ed., Method 4500-NO2- B.
E)
Capillary ion electrophoresis: ASTM Method D6508-00(2005).
F)
Reduction-colorimetric: Systea Easy (1-Reagent).
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
4110 B, 4500-NO3- E and F; and 4500-NO2- B as approved alternative
methods for nitrite in appendix A to subpart C of 40 CFR 141 on June 3,
2008 (at 73 Fed. Reg. 31616). USEPA added Systea Easy (1-Reagent) as
an approved alternative method for nitrite in appendix A to subpart C of
40 CFR 141 on August 3, 2009 (at 73 Fed. Reg. 38348). USEPA added
Standard Methods, 22nd ed., Methods 4110 B, 4500-NO3- E and F, and
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4500-NO2- B as approved alternative methods for nitrite in appendix A to
subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
USEPA added ASTM D4327-11 as an approved alternative method for
nitrite in appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at 79
Fed. Reg. 35081).
20)
Orthophosphate (unfiltered, without digestion or hydrolysis).
A)
B)
Automated colorimetric, ascorbic acid.
i)
USEPA Environmental Inorganic Methods, Method 365.1
(rev. 2.0); or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-P F.
Single reagent colorimetric, ascorbic acid.
i)
ASTM Method D515-88 A; or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4500-P E.
C)
Colorimetric, phosphomolybdate: USGS Methods, Method I1601-85.
D)
Colorimetric, phosphomolybdate, automated-segmented flow:
USGS Methods, Method I-2601-90.
E)
Colorimetric, phosphomolybdate, automated discrete: USGS
Methods, Method I-2598-85.
F)
Ion Chromatography.
i)
USEPA Environmental Inorganic Methods, Method 300.0
(rev. 2.1) or USEPA Organic and Inorganic Methods,
Method 300.1 (rev. 1.0);
ii)
ASTM Method D4327-97, or D4327-03, or D4327-11; or
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iii)
G)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
4110 B.
Capillary ion electrophoresis: ASTM Method D6508-00(2005).
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
4110 B and 4500-P E and F as approved alternative methods for
orthophosphate in appendix A to subpart C of 40 CFR 141 on June 3,
2008 (at 73 Fed. Reg. 31616). Because Standard Methods, 21st ed.,
Methods 4500-P E and F are the same versions as Standard Methods
Online 4500-P E-99 and F-99, the Board has not listed the Standard
Methods Online versions separately. USEPA added Standard Methods,
22nd ed., Methods 4500-P E and F and 4110 B as approved alternative
methods for orthophosphate in appendix A to subpart C of 40 CFR 141 on
May 31, 2013 (at 78 Fed. Reg. 32558). USEPA added ASTM D4327-11
as an approved alternative method for orthophosphate in appendix A to
subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081).
21)
pH: electrometric.
A)
USEPA Inorganic Methods, Method 150.1 or Method 150.2;
B)
ASTM Method D1293-95, D1293-99, or D1293-12; or
C)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method 4500H+ B.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method
4500-H+ B as an approved alternative method for pH in appendix A to
subpart C of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616).
USEPA added Standard Methods, 22nd ed., Method 4500-H+ B and ASTM
Method D1293-12 as approved alternative methods for pH in appendix A
to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
22)
Selenium.
A)
Atomic absorption, hydride.
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i)
ASTM Method D3859-98 A, D3859-03 A, or D3859-08 A;
or
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3114
B.
B)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
C)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
D)
Atomic absorption, furnace technique.
E)
i)
ASTM Method D3859-98 B, D3859-03 B, or D3859-08 B;
ii)
Standard Methods, 18th, 19th, 21st, or 22nd ed., Method 3113
B; or
iii)
Standard Methods Online, Method 3113 B-04.
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Methods
3113 B and 3114 B and USEPA NERL Method 200.5 as approved
alternative methods for selenium in appendix A to subpart C of 40 CFR
141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added ASTM
Methods D3859-08 A and B as approved alternative methods for selenium
in appendix A to subpart C of 40 CFR 141 on November 10, 2009 (at 74
Fed. Reg. 57908). USEPA added Standard Methods Online, Method 3113
B-04 and Method 3114 B-09 as approved alternative methods for selenium
in appendix A to subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed.
Reg. 37014). USEPA added Standard Methods, 22nd ed., Methods 3113 B
and 3114 B as approved alternative methods for selenium in appendix A to
subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
Because Standard Methods, 22nd ed., Method 3114 B is the same version
as Standard Methods Online 3114 B-09, the Board has not listed the
Standard Methods Online version separately. USEPA added Standard
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Methods Online, Method 3113 B-10 as an approved alternative method for
selenium in appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at
79 Fed. Reg. 35081). Because Standard Methods, 22nd ed., Method 3113
B is the same version as Standard Methods Online, Method 9223 B-10, the
Board has not listed the Standard Methods Online versions separately.
23)
Silica.
A)
Colorimetric, molybdate blue: USGS Methods, Method I-170085.
B)
Colorimetric, molybdate blue, automated-segmented flow: USGS
Methods, Method I-2700-85.
C)
Colorimetric: ASTM Method D859-94, D859-00, D859-05, or
D859-10.
D)
Molybdosilicate: Standard Methods, 18th or 19th ed., Method
4500-Si D or Standard Methods, 20th, 21st, or 22nd ed., Method
4500-SiO2 C.
E)
Heteropoly blue: Standard Methods, 18th or 19th ed., Method
4500-Si E or Standard Methods, 20th, 21st, or 22nd ed., Method
4500-SiO2 D.
F)
Automated method for molybdate-reactive silica: Standard
Methods, 18th or 19th ed., Method 4500-Si F or Standard Methods,
20th, 21st, or 22nd ed., Method 4500-SiO2 E.
G)
Inductively coupled plasma.
H)
i)
USEPA Environmental Metals Methods, Method 200.7
(rev. 4.4); or
ii)
Standard Methods, 18th, 19th, 20th, 21st, or 22nd ed., Method
3120 B.
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
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BOARD NOTE: USEPA added ASTM Method D859-05, Standard
Methods, 21st ed.; Methods 3120 B and 4500-SiO2 C, D, and E; and
USEPA NERL Method 200.5 as approved alternative methods for silica in
appendix A to subpart C of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg.
31616). USEPA added ASTM Method D859-10 as an approved
alternative method for silica in appendix A to subpart C of 40 CFR 141 on
June 28, 2012 (at 77 Fed. Reg. 38523). USEPA added Standard Methods,
22nd ed., Methods 3120 B and 4500-SiO2 C, D, and E as approved
alternative methods for silica in appendix A to subpart C of 40 CFR 141
on May 31, 2013 (at 78 Fed. Reg. 32558).
24)
Sodium.
A)
Inductively coupled plasma: USEPA Environmental Metals
Methods, Method 200.7 (rev. 4.4).
B)
Atomic absorption, direct aspiration: Standard Methods, 18th, 19th,
21st, or 22nd ed., Method 3111 B.
C)
Ion chromatography: ASTM Method D6919-03 or D6919-09.
D)
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method 3113
B and USEPA NERL Method 200.5 as approved alternative methods for
sodium in appendix A to subpart C of 40 CFR 141 on June 3, 2008 (at 73
Fed. Reg. 31616). USEPA added ASTM Method D6919-09 as an
approved alternative method for sodium in appendix A to subpart C of 40
CFR 141 on June 24, 2011 (at 76 Fed. Reg. 37014). USEPA added
Standard Methods, 22nd ed., Method 3111 B as an approved alternative
method for sodium in appendix A to subpart C of 40 CFR 141 on May 31,
2013 (at 78 Fed. Reg. 32558).
25)
Temperature; thermometric: Standard Methods, 18th, 19th, 20th, 21st, or
22nd ed., Method 2550.
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BOARD NOTE: USEPA added Standard Methods, 21st ed., Method 2550
as an approved alternative method for temperature in appendix A to
subpart C of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616).
USEPA added Standard Methods, 22nd ed., Method 2550 as an approved
alternative method for temparature in appendix A to subpart C of 40 CFR
141 on May 31, 2013 (at 78 Fed. Reg. 32558). USEPA added Standard
Methods Online, Method 2550-10 as an approved alternative method for
temperature in appendix A to subpart C of 40 CFR 141 on June 19, 2014
(at 79 Fed. Reg. 35081). Because Standard Methods, 22nd ed., Method
2550 is the same version as Standard Methods Online, Method 2550-10,
the Board has not listed the Standard Methods Online versions separately.
26)
b)
Thallium.
A)
Inductively coupled plasma-mass spectrometry: USEPA
Environmental Metals Methods, Method 200.8 (rev. 5.3).
B)
Atomic absorption, platform furnace technique: USEPA
Environmental Metals Methods, Method 200.9 (rev. 2.2).
Sample collection for antimony, arsenic, asbestos, barium, beryllium, cadmium,
chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium, and
thallium pursuant to Sections 611.600 through 611.604 must be conducted using
the following sample preservation, container, and maximum holding time
procedures:
BOARD NOTE: For cyanide determinations samples must be adjusted with
sodium hydroxide to pH 12 at the time of collection. When chilling is indicated
the sample must be shipped and stored at 4 C or less. Acidification of nitrate or
metals samples may be with a concentrated acid or a dilute (50% by volume)
solution of the applicable concentrated acid. Acidification of samples for metals
analysis is encouraged and allowed at the laboratory rather than at the time of
sampling provided the shipping time and other instructions in Section 8.3 of
USEPA Environmental Metals Method 200.7, 200.8, or 200.9 are followed.
1)
Antimony.
A)
Preservative: Concentrated nitric acid to pH less than 2.
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2)
3)
4)
5)
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Arsenic.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Asbestos.
A)
Preservative: Cool to 4° C.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within 48 hours.
Barium.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Beryllium.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
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C)
6)
7)
8)
9)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Cadmium.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Chromium.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Cyanide.
A)
Preservative: Cool to 4° C. Add sodium hydroxide to pH greater
than 12. See the analytical methods for information on sample
preservation.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within 14 days.
Fluoride.
A)
Preservative: None.
B)
Plastic or glass (hard or soft).
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C)
10)
11)
12)
13)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within one month.
Mercury.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within 28 days.
Nickel.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Nitrate, chlorinated.
A)
Preservative: Cool to 4° C.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within 14 days.
Nitrate, non-chlorinated.
A)
Preservative: Concentrated sulfuric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within 14 days.
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14)
15)
16)
c)
Nitrite.
A)
Preservative: Cool to 4° C.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within 48 hours.
Selenium.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Thallium.
A)
Preservative: Concentrated nitric acid to pH less than 2.
B)
Plastic or glass (hard or soft).
C)
Holding time: Samples must be analyzed as soon after collection
as possible, but in any event within six months.
Analyses under this Subpart N must be conducted by a certified laboratory in one
of the categories listed in Section 611.490(a). The Agency must certify
laboratories to conduct analyses for antimony, arsenic, asbestos, barium,
beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite,
selenium, and thallium if the laboratory does as follows:
1)
It analyzes performance evaluation (PE) samples, provided by the Agency
pursuant to 35 Ill. Adm. Code 186, that include those substances at levels
not in excess of levels expected in drinking water; and
2)
It achieves quantitative results on the analyses within the following
acceptance limits:
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A)
Antimony: ± 30% at greater than or equal to 0.006 mg/ℓ.
B)
Arsenic:  30% at greater than or equal to 0.003 mg/ℓ.
C)
Asbestos: 2 standard deviations based on study statistics.
D)
Barium: ± 15% at greater than or equal to 0.15 mg/ℓ.
E)
Beryllium: ± 15% at greater than or equal to 0.001 mg/ℓ.
F)
Cadmium: ± 20% at greater than or equal to 0.002 mg/ℓ.
G)
Chromium: ± 15% at greater than or equal to 0.01 mg/ℓ.
H)
Cyanide: ± 25% at greater than or equal to 0.1 mg/ℓ.
I)
Fluoride: ± 10% at 1 to 10 mg/ℓ.
J)
Mercury: ± 30% at greater than or equal to 0.0005 mg/ℓ.
K)
Nickel: ± 15% at greater than or equal to 0.01 mg/ℓ.
L)
Nitrate: ± 10% at greater than or equal to 0.4 mg/ℓ.
M)
Nitrite: ± 15% at greater than or equal to 0.4 mg/ℓ.
N)
Selenium: ± 20% at greater than or equal to 0.01 mg/ℓ.
O)
Thallium: ± 30% at greater than or equal to 0.002 mg/ℓ.
BOARD NOTE: Derived from 40 CFR 141.23(k) and appendix A to subpart C of 40 CFR 141
(2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.612 Monitoring Requirements for Old Inorganic MCLs
a)
Analyses for the purpose of determining compliance with the old inorganic MCLs
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of Section 611.300 are required as follows:
1)
Analyses for all CWSs utilizing surface water sources must be repeated at
yearly intervals.
2)
Analyses for all CWSs utilizing only groundwater sources must be
repeated at three-year intervals.
3)
This subsection (a)(3) corresponds with 40 CFR 141.23(1)(3), which
requires monitoring for the repealed old MCL for nitrate at a frequency
specified by the state. The Board has followed the USEPA lead and
repealed that old MCL. This statement maintains structural consistency
with USEPA rules.
4)
This subsection (a)(4) corresponds with 40 CFR 141.23(1)(4) ,which
authorizes the state to determine compliance and initiate enforcement
action. This statement maintains structural consistency with USEPA
rules.
b)
If the result of an analysis made under subsection (a) of this Section indicates that
the level of any contaminant listed in Section 611.300 exceeds the old MCL, the
supplier must report to the Agency within seven days and initiate three additional
analyses at the same sampling point within one month.
c)
When the average of four analyses made pursuant to subsection (b) of this
Section, rounded to the same number of significant figures as the old MCL for the
substance in question, exceeds the old MCL, the supplier must notify the Agency
and give notice to the public pursuant to Subpart V of this Part. Monitoring after
public notification must be at a frequency designated by the Agency by a SEP
issued pursuant to Section 611.110 and must continue until the old MCL has not
been exceeded in two successive samples or until a different monitoring schedule
becomes effective as a condition to a variance, an adjusted standard, a site
specific rule, an enforcement action, or another SEP issued pursuant to Section
611.110.
d)
This subsection (d) corresponds with 40 CFR 141.23(o), which pertains to
monitoring for the repealed old MCL for nitrate. This statement maintains
structural consistency with USEPA rules.
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e)
This subsection (e) corresponds with 40 CFR 141.23(p), which pertains to the use
of existing data up until a date long since expired. This statement maintains
structural consistency with USEPA rules.
f)
Analyses conducted to determine compliance with the old MCLs of Section
611.300 must be made in accordance with the following methods, incorporated by
reference in Section 611.102, or alternative methods approved by the Agency
pursuant to Section 611.480.
1)
Fluoride: The methods specified in Section 611.611(c) must apply for the
purposes of this Section.
2)
Iron.
A)
Standard Methods.
i)
Method 3111 B, 18th, 19th, 21st, or 22nd ed.;
ii)
Method 3113 B, 18th, 19th, 21st, or 22nd ed.; or
iii)
Method 3120 B, 18th, 19th, 20th, 21st, or 22nd ed.
B)
Standard Methods Online, Method 3113 B-04.
C)
USEPA Environmental Metals Methods.
D)
i)
Method 200.7 (rev. 4.4); or
ii)
Method 200.9 (rev. 2.2).
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added USEPA NERL Method 200.5 as an
approved alternative method in appendix A to subpart C of 40 CFR 141 on
June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added Standard Methods,
21st ed.; Methods 3111 B, 3113 B, and 3120 B and USEPA NERL Method
200.5 as approved alternative methods for iron in appendix A to subpart C
of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
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Standard Methods Online, Method 3113 B-04 as an approved alternative
method for iron in appendix A to subpart C of 40 CFR 141 on June 24,
2011 (at 76 Fed. Reg. 37014). USEPA added Standard Methods, 22nd ed.,
Methods 3111 D, 3113 B, and 3120 B as approved alternative methods for
iron in appendix A to subpart C of 40 CFR 141 on June 21, 2013 (at 78
Fed. Reg. 37463). USEPA added Standard Methods Online, Method 3113
B-10 as an approved alternative method for iron in appendix A to subpart
C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg. 35081). Because
Standard Methods, 22nd ed., Method 3113 B is the same version as
Standard Methods Online, Method 9223 B-10, the Board has not listed the
Standard Methods Online versions separately.
3)
Manganese.
A)
Standard Methods.
i)
Method 3111 B, 18th, 19th, 21st, or 22nd ed.;
ii)
Method 3113 B, 18th, 19th, 21st, or 22nd ed.; or
iii)
Method 3120 B, 18th, 19th, 20th, 21st, or 22nd ed.
B)
Standard Methods Online, Method 3113 B-04.
C)
USEPA Environmental Metals Methods.
D)
i)
Method 200.7 (rev. 4.4);
ii)
Method 200.8 (rev. 5.3); or
iii)
Method 200.9 (rev. 2.2).
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed.; Methods
3111 B, 3113 B, and 3120 B and USEPA NERL Method 200.5 as
approved alternative methods for manganese in appendix A to subpart C
of 40 CFR 141 on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
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Standard Methods Online, Method 3113 B-04 as an approved alternative
method for manganese in appendix A to subpart C of 40 CFR 141 on June
24, 2011 (at 76 Fed. Reg. 37014). USEPA added Standard Methods, 22nd
ed., Methods 3111 D, 3113 B, and 3120 B as approved alternative
methods for manganese in appendix A to subpart C of 40 CFR 141 on
June 21, 2013 (at 78 Fed. Reg. 37463). USEPA added Standard Methods
Online, Method 3113 B-10 as an approved alternative method for
manganese in appendix A to subpart C of 40 CFR 141 on June 19, 2014
(at 79 Fed. Reg. 35081). Because Standard Methods, 22nd ed., Method
3113 B is the same version as Standard Methods Online, Method 9223 B10, the Board has not listed the Standard Methods Online versions
separately.
4)
Zinc.
A)
B)
C)
Standard Methods.
i)
Method 3111 B, 18th, 19th, 21st, or 22nd ed.; or
ii)
Method 3120 B, 18th , 19th, 20th, 21st, or 22nd ed.
USEPA Environmental Metals Methods.
i)
Method 200.7 (rev. 4.4); or
ii)
Method 200.8 (rev. 5.3).
Axially viewed inductively coupled plasma-atomic emission
spectrometry (AVICP-AES): USEPA NERL Method 200.5.
BOARD NOTE: USEPA added Standard Methods, 21st ed.; Methods
3111 B and 3120 B and USEPA NERL Method 200.5 as approved
alternative methods for zinc in appendix A to subpart C of 40 CFR 141 on
June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added Standard Methods,
22nd ed., Methods 3111 B and 3120 B as approved alternative methods for
zinc in appendix A to subpart C of 40 CFR 141 on June 21, 2013 (at 78
Fed. Reg. 37463).
BOARD NOTE: The provisions of subsections (a) through (e) of this Section derive
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from 40 CFR 141.23(l) through (p) (2014)(2013). Subsections (f)(2) through (f)(4) of
this Section relate exclusively to additional State requirements. The Board retained
subsection (f) of this Section to set forth methods for the inorganic contaminants for
which there is a State-only MCL. The methods specified are those set forth in 40 CFR
143.4(b) and appendix A to subpart C of 40 CFR 141 (2014)(2013), for secondary MCLs.
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART O: ORGANIC MONITORING AND ANALYTICAL REQUIREMENTS
Section 611.645 Analytical Methods for Organic Chemical Contaminants
Analysis for the Section 611.311(a) VOCs under Section 611.646; the Section 611.311(c) SOCs
under Section 611.648; the Section 611.310 old MCLs under Section 611.641; and for THMs,
TTHMs, and TTHM potential must be conducted using the methods listed in this Section. All
methods are incorporated by reference in Section 611.102. Other required analytical test
procedures germane to the conduct of these analyses are contained in the USEPA document,
"Technical Notes of Drinking Water Methods," incorporated by reference in Section 611.102.
a)
Volatile Organic Chemical Contaminants (VOCs).
Contaminant
Analytical Methods
Benzene
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods, Method
524.3 (rev. 1.0)
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0), 524.4, and
551.1 (rev. 1.0)
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
Carbon tetrachloride
Chlorobenzene
1,2-Dichlorobenzene
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1,4-Dichlorobenzene
1,2-Dichloroethane
1,1-Dichloroethylene
cis-Dichloroethylene
trans-Dichloroethylene
Dichloromethane
1,2-Dichloropropane
Ethylbenzene
Styrene
Tetrachloroethylene
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
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Toluene
1,1,1-Trichloroethane
Trichloroethylene
Toluene
1,2,4-Trichlorobenzene
1,1,2-Trichloroethane
Vinyl chloride
Xylenes (total)
Methods 524.3 (rev. 1.0), 524.4, and
551.1 (rev. 1.0)
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0), 524.4, and
551.1 (rev. 1.0)
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0), 524.4, and
551.1 (rev. 1.0)
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0)
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
USEPA Organic Methods, Methods
502.2 (rev. 2.1) and 524.2 (rev. 4.1);
USEPA OGWDW Methods,
Methods 524.3 (rev. 1.0) and 524.4
BOARD NOTE: USEPA added USEPA OGWDW Method 524.3 (rev. 1.0) as an
alternative method for all of the VOCs in appendix A to subpart C of 40 CFR 141
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on August 3, 2009 (at 74 Fed. Reg. 38348). USEPA added USEPA OGWDW
Method 524.4 as an approved alternative method for all of the VOCs in appendix
A to subpart C of 40 CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558).
b)
Synthetic Organic Chemical Contaminants (SOCs).
Contaminant
Analytical Methods
2,3,7,8-Tetrachlorodibenzodioxin
(2,3,7,8-TCDD or dioxin)
2,4-D
Dioxin and Furan Method 1613 (rev.
B)
USEPA Organic Methods, Methods
515.2 (rev. 1.1), 555 (rev. 1.0), and
515.1 (rev. 4.0); USEPA Organic and
Inorganic Methods, Method 515.3
(rev. 1.0); USEPA OGWDW
Methods, Method 515.4 (rev. 1.0);
ASTM Method D5317-93 or D531798 (2003); Standard Methods, 21st or
22nd ed., Method 6640 B
USEPA Organic Methods, Methods
515.2 (rev. 1.1), 555 (rev. 1.0), and
515.1 (rev. 4.0); USEPA Organic and
Inorganic Methods, Method 515.3
(rev. 1.0); USEPA OGWDW
Methods, Method 515.4 (rev. 1.0);
ASTM Method D5317-93 or D531798 (2003); Standard Methods, 21st or
22nd ed., Method 6640 B
USEPA Organic Methods, Methods
505 (rev. 2.1)1, 507 (rev. 2.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), 525.3
(ver. 1.0), and 551.1 (rev. 1.0)
USEPA Organic Methods, Methods
505 (rev. 2.1)1, 507 (rev. 2.1), 508.1
(rev. 2.1), 523 (rev. 1.0), 525.2 (rev.
2.0), 525.3 (rev. 1.0), 536 (rev. 1.0),
and 551.1 (rev. 1.0);
Syngenta AG-6252
2,4,5-TP (Silvex)
Alachlor
Atrazine
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Benzo(a)pyrene
Carbofuran
Chlordane
Dalapon
Di(2-ethylhexyl)adipate
Di(2-ethylhexyl)phthalate
Dibromochloropropane (DBCP)
USEPA Organic Methods, Methods
525.2 (rev. 2.0), 525.3 (rev. 1.0),
550, and 550.1
USEPA Organic Methods, Methods
531.1 (rev. 3.1); USEPA OGWDW
Methods, Method 531.2 (rev. 1.0);
Standard Methods, 18th ed.
Supplement, 19th ed., or 20th ed.,
Method 6610; Standard Methods,
21st or 22nd ed., Method 6610 B
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.1), 525.2 (rev. 2.0), and 525.3
(ver. 1.0)
USEPA Organic Methods, Methods
515.1 (rev. 4.0), 552.1 (rev. 1.0), and
552.2 (rev. 1.0); USEPA Organic and
Inorganic Methods, Method 515.3
(rev. 1.0); USEPA OGWDW
Methods, Methods 515.4 (rev. 1.0),
552.3 (rev. 1.0), and 557; Standard
Methods, 21st or 22nd ed., Method
6640 B
USEPA Organic Methods, Methods
506 (rev. 1.1), 525.2 (rev. 2.0), and
525.3 (ver. 1.0)
USEPA Organic Methods, Methods
506 (rev. 1.1), 525.2 (rev. 2.0), and
525.3 (ver. 1.0)
USEPA Organic Methods, Methods
504.1 (rev. 1.1), USEPA OGWDW
Methods, Methods 524.3 (rev. 1.0)
and 551.1 (rev. 1.0)
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Dinoseb
Diquat
Endothall
Endrin
Ethylene dibromide (EDB)
Glyphosate
Heptachlor
Heptachlor Epoxide
Hexachlorobenzene
USEPA Organic Methods, Methods
515.1 (rev. 4.0) and 515.2 (rev. 1.1);
USEPA Organic and Inorganic
Methods, Method 515.3 (rev. 1.0);
USEPA OGWDW Methods,
Methods 515.4 (rev. 1.0) and 555
(rev. 1.0);
Standard Methods, 21st or 22nd ed.,
Method 6640 B
USEPA NERL Method 549.2 (rev.
1.0)
USEPA Organic Methods, Method
548.1 (rev. 1.0)
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), 525.3
(ver. 1.0), and 551.1 (rev. 1.0)
USEPA Organic Methods, Method
504.1 (rev. 1.1); USEPA OGWDW
Methods, Methods 524.3 (rev. 1.0)
and 551.1 (rev.1.0)
USEPA Organic Methods, Method
547; Standard Methods, 18th ed., 19th
ed., 20th, 21st, or 22nd ed., Method
6651 B
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), 525.3
(ver. 1.0), and 551.1 (rev. 1.0)
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), 525.3
(ver. 1.0), and 551.1 (rev.1.0)
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), 525.3
(ver. 1.0), and 551.1 (rev. 1.0)
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Hexachlorocyclopentadiene
Lindane
Methoxychlor
Oxamyl
PCBs (measured for compliance
purposes as
decachlorobiphenyl)
PCBs (qualitatively identified as
Aroclors)
Pentachlorophenol
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), 525.3
(ver. 1.0), and 551.1 (rev. 1.0)
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), 525.3
(ver. 1.0), and 551.1 (rev. 1.0)
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), 525.3
(ver. 1.0), and 551.1 (rev. 1.0)
USEPA Organic Methods, Method
531.1 (rev. 3.1); USEPA OGWDW
Methods, Method 531.2 (rev. 1.0);
Standard Methods, 18th ed.
Supplement, 19th ed., or 20th ed.,
Method 6610; Standard Methods,
21st or 22nd ed., Method 6610 B
USEPA Organic Methods, Method
508A (rev. 1.0)
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), and 525.3
(ver. 1.0)
USEPA Organic Methods, Methods
515.1 (rev. 4.0), 515.2 (rev. 1.1),
525.2 (rev. 2.0), 525.3 (ver. 1.0), and
555 (rev. 1.0); USEPA Organic and
Inorganic Methods, Method 515.3
(rev. 1.0); USEPA OGWDW
Methods, Method 515.4 (rev. 1.0);
ASTM Method D5317-93 or D531798 (2003); Standard Methods, 21st or
22nd ed., Method 6640 B
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Picloram
Simazine
Toxaphene
USEPA Organic Methods, Methods
515.1 (rev. 4.0), 515.2 (rev. 1.1), and
555 (rev. 1.0); USEPA Organic and
Inorganic Methods, Method 515.3
(rev. 1.0); USEPA OGWDW
Methods, Method 515.4 (rev. 1.0);
ASTM Method D5317-93 or D531798 (2003); Standard Methods, 21st or
22nd ed., Method 6640 B
USEPA Organic Methods, Methods
505 (rev. 2.1)1, 507 (rev. 2.1), 508.1
(rev. 2.0), 523 (ver. 1.0), 525.2 (rev.
2.0), 525.3 (ver. 1.0), 536 (ver. 1.0),
and 551.1 (rev. 1.0)
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 2.1), 508.1
(rev. 2.0), 525.2 (rev. 2.0), and 525.3
(ver. 1.0)
BOARD NOTE: USEPA added Standard Methods, 21st ed., Method 6610 B and
Standard Methods Online, Method 6610 B-04 as approved alternative methods for
carbofuran and oxamyl on June 3, 2008 (at 73 Fed. Reg. 31616). USEPA added
USEPA OGWDW Method 524.3 (rev. 1.0) as an alternative method for
dibromochloropropane and ethylene dibromide in appendix A to subpart C of 40
CFR 141 on August 3, 2009 (at 74 Fed. Reg. 38348). USEPA approved Standard
Methods, 21st ed., Method 6640 B and Standard Methods Online, Method 6640 B01 and USEPA OGWDW Methods, Method 557 as approved alternative methods
for dalapon in appendix A to subpart C of 40 CFR 141 on June 8, 2010 (at 75 Fed.
Reg. 32295). USEPA added Standard Methods, 21st ed., Method 6640 B as an
approved alternative method for 2,4-D, 2,4,5-TP (Silvex), dinoseb,
pentachlorophenol, and picloram in appendix A to subpart C of 40 CFR 141 on
June 24, 2011 (at 76 Fed. Reg. 37014). USEPA added Standard Methods, Online,
Method 6640 B-01 as an approved alternative method for 2,4-D, 2,4,5-TP
(Silvex), dalapon, dinoseb, pentachlorophenol, and picloram and in appendix A to
subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed. Reg. 37014). Since the
version of Method 6640 B that appears in Standard Methods Online is the same as
that which appears in Standard Methods, 21st ed., the Board has cited only to
Standard Methods, 21st ed. USEPA added Standard Methods, 21st ed., Method
6651 B as an approved alternative method for glyphosate in appendix A to
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subpart C of 40 CFR 141 on June 24, 2011 (at 76 Fed. Reg. 37014). USEPA
added Standard Methods Online, Method 6651 B-00 as an approved alternative
method for glyphosate in appendix A to subpart C of 40 CFR 141 on June 24,
2011 (at 76 Fed. Reg. 37014). Since the version of Method 6651 B that appears
in Standard Methods Online is the same as that which appears in Standard
Methods, 21st ed., the Board has cited only to Standard Methods, 21st ed. USEPA
approved USEPA OGWDW Methods, Method 523 (ver. 1.0) and Method 536
(ver. 1.0) as approved alternative methods for atrazine and simazine and USEPA
NERL Methods, Method 525.3 as an approved alternative method for alachlor,
atrazine, benzo(a)pyrene, chlordane, di(2-ethylhexyl)adipate,
di(2-ethylhexyl)phthalate, endrin, heptachlor, 'heptachlor epoxide,
hexachlorobenzene, hexachlorocyclopentadiene, lindane, methoxychlor, PCBs (as
arachlors), pentachlorophenyl, simazine, and toxaphene in appendix A to subpart
C of 40 CFR 141 on June 8, 2012 (at 77 Fed. Reg. 38523). USEPA added
Standard Methods, 22nd ed., Method 6610 B and Standard Methods Online,
Method 6610 B-04 as an approved alternative method for carbofuran and oxamyl;
Standard Methods, 22nd ed., Method 6640 B and Standard Methods Online,
Method 6640 B-01 as an approved method for 2,4-D, 2,4,5-TP (silvex), dalapon,
dinoseb, pentachlorophenol, and picloram; and Standard Methods, 22nd ed.,
Method 6651 B for glyphosate in appendix A to subpart C of 40 CFR 141 on May
31, 2013 (at 78 Fed. Reg. 32558). Because Standard Methods, 22nd ed., Methods
6610 B and 6640 B-01 are the same versions as Standard Methods Online 6610
B-04 and 6640 B-01, the Board has not listed the Standard Methods Online
versions separately. USEPA added Standard Methods Online, Method 6640 B-06
as an approved alternative method for 2,4-D, 2,4,5-TP (silvex), dalapon, dinoseb,
pentachlorophenol, and picloram and Method 6651 B-05 for glyphosate in
appendix A to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg.
35081). Because Standard Methods, 22nd ed., Methods 6640 B and 6651 B are
the same versions as Standard Methods Online, Methods 6640 B-06 and 6651
B-05, the Board has not listed the Standard Methods Online versions separately.
c)
Total Trihalomethanes (TTHMs).
Contaminant
Analytical Methods
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Total Trihalomethanes (TTHMs), Trihalomethanes
(THMs), and Maximum Total Trihalomethane
Potential
USEPA Organic Methods,
Methods 502.2 (rev. 2.1)
and 524.2 (rev. 4.1);
USEPA OGWDW
Methods, Methods 524.3
(rev. 1.0), 524.4, and
551.1 (rev. 1.0)
BOARD NOTE: USEPA added USEPA OGWDW Method 524.3 (rev. 1.0) as an
alternative method for total trihalomethane in appendix A to subpart C of 40 CFR
141 on August 3, 2009 (at 74 Fed. Reg. 38348). USEPA added USEPA
OGWDW Method 524.4 as an approved alternative method for total
trihalomethanes in appendix A to subpart C of 40 CFR 141 on May 31, 2013 (at
78 Fed. Reg. 32558).
d)
State-Only MCLs (for which a method is not listed in subsections (a) through (c)
of this Section).
Contaminant
Analytical Methods
Aldrin
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), and 525.2 (rev. 2.0)
USEPA Organic Methods, Methods
505 (rev. 2.1) and 508 (rev. 3.1)
USEPA Organic Methods, Methods
505 (rev. 2.1), 508 (rev. 3.1), 508.1
(rev. 2.0), and 525.2 (rev. 2.0)
DDT
Dieldrin
e)
The following footnotes are appended to method entries in subsections (a) and (b)
of this Section:
1
denotes that, for the particular contaminant, a nitrogen-phosphorus detector
should be substituted for the electron capture detector in method 505 (or
another approved method should be used) to determine alachlor, atrazine, and
simazine if lower detection limits are required.
2
denotes that Syngenta Method AG-625 may not be used for the analysis of
atrazine in any system where chlorine dioxide is used for drinking water
treatment. In samples from all other systems, any result for atrazine generated
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by Syngenta Method AG-625 that is greater than one-half the maximum
contaminant level (MCL) (in other words, greater than 0.0015 mg/ℓ or 1.5
μg/ℓ) must be confirmed using another approved method for this contaminant
and should use additional volume of the original sample collected for
compliance monitoring. In instances where a result from Syngenta Method
AG-625 triggers such confirmatory testing, the confirmatory result is to be used
to determine compliance.
BOARD NOTE: Derived from 40 CFR 141.24(e) and appendix A to subpart C of 40 CFR 141
(2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART R: ENHANCED FILTRATION AND DISINFECTION:
SYSTEMS THAT SERVE 10,000 OR MORE PEOPLE
Section 611.742 Disinfection Profiling and Benchmarking
a)
Determination of a supplier required to profile. A PWS supplier subject to the
requirements of this Subpart R must determine its TTHM annual average using
the procedure in subsection (a)(1) of this Section and its HAA5 annual average
using the procedure in subsection (a)(2) of this Section. The annual average is the
arithmetic average of the quarterly averages of four consecutive quarters of
monitoring.
1)
The TTHM annual average that is used must be the annual average during
the same period as the HAA5 annual average.
A)
A supplier that collected data under the provisions of 40 CFR 141
Subpart M (Information Collection Rule) must use the results of
the samples collected during the last four quarters of required
monitoring under former 40 CFR 141.42 (1995).
B)
A supplier that uses "grandfathered" HAA5 occurrence data that
meet the provisions of subsection (a)(2)(B) of this Section must
use TTHM data collected at the same time under the provisions of
former Section 611.680.
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C)
2)
3)
A supplier that uses HAA5 occurrence data that meet the
provisions of subsection (a)(2)(C)(i) of this Section must use
TTHM data collected at the same time under the provisions of
SectionSections 611.310 and former Section 611.680.
The HAA5 annual average that is used must be the annual average during
the same period as the TTHM annual average.
A)
A supplier that collected data under the provisions of 40 CFR 141
Subpart M (Information Collection Rule) must use the results of
the samples collected during the last four quarters of required
monitoring under former 40 CFR 141.42 (1995).
B)
A supplier that has collected four quarters of HAA5 occurrence
data that meets the routine monitoring sample number and location
requirements for TTHM in former Section 611.680 and handling
and analytical method requirements of former Section 611.685
may use that data to determine whether the requirements of this
Section apply.
C)
A supplier that had not collected four quarters of HAA5
occurrence data that meets the provisions of either subsection
(a)(2)(A) or (a)(2)(B) of this Section by March 31, 1999 must do
either of the following:
i)
Conduct monitoring for HAA5 that meets the routine
monitoring sample number and location requirements for
TTHM in former Section 611.680 and handling and
analytical method requirements of former Section 611.685
to determine the HAA5 annual average and whether the
requirements of subsection (b) of this Section apply; or
ii)
Comply with all other provisions of this Section as if the
HAA5 monitoring had been conducted and the results
required compliance with subsection (b) of this Section.
The supplier may request that the Agency approve a more representative
annual data set than the data set determined under subsection (a)(1) or
(a)(2) of this Section for the purpose of determining applicability of the
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requirements of this Section.
4)
The Agency may require that a supplier use a more representative annual
data set than the data set determined under subsection (a)(1) or (a)(2) of
this Section for the purpose of determining the applicability of the
requirements of this Section.
5)
The supplier must submit data to the Agency on the schedule in
subsections (a)(5)(A) through (a)(5)(E) of this Section.
A)
A supplier that collected TTHM and HAA5 data under the
provisions of 40 CFR Subpart M (Information Collection Rule), as
required by subsections (a)(1)(A) and (a)(2)(A) of this Section,
must have submitted the results of the samples collected during the
last 12 months of required monitoring under former Section
611.685 not later than December 31, 1999.
B)
A supplier that had collected four consecutive quarters of HAA5
occurrence data that meets the routine monitoring sample number
and location for TTHM in former 40 CFR 141.42 (1994), and
handling and analytical method requirements of former Section
611.685, as allowed by subsections (a)(1)(B) and (a)(2)(B) of this
Section, must have submitted that data to the Agency not later than
April 30, 1999. Until the Agency has approved the data, the
supplier must conduct monitoring for HAA5 using the monitoring
requirements specified under subsection (a)(2)(C) of this Section.
C)
A supplier that conducted monitoring for HAA5 using the
monitoring requirements specified by subsections (a)(1)(C) and
(a)(2)(C)(i) of this Section must have submitted TTHM and HAA5
data not later than March 31, 2000.
D)
A supplier that elected to comply with all other provisions of this
Section as if the HAA5 monitoring had been conducted and the
results required compliance with this Section, as allowed under
subsection (a)(2)(C)(ii) of this Section, must have notified the
Agency in writing of its election not later than December 31, 1999.
E)
If the supplier elected to request that the Agency approve a more
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representative data set than the data set determined under
subsection (a)(2)(A) of this Section, the supplier must have
submitted this request in writing not later than December 31, 1999.
6)
Any supplier that hadhaving either a TTHM annual average ≥ (greater
than or equal to) 0.064 mg/ℓ or an HAA5 annual average ≥ 0.048 mg/ℓ
during the period identified in subsections (a)(1) and (a)(2) of this Section
must comply with subsection (b) of this Section.
BOARD NOTE: Former Sections 611.680 and 611.685 originally derived from
40 CFR 141.30(a), (b), and (e). USEPA removed 40 CFR 141.30 in its entirety in
2006. The Board repealed former Section 611.685 in 2007 and Section 611.680
in 2012. The references to former Sections 611.680 and 611.685 in this
subsection (a) relate to use of existing monitoring data collected under those
provisions as they existed before their repeal.
b)
Disinfection profiling.
1)
Any supplier that meets the standards in subsection (a)(6) of this Section
must have developeddevelop a disinfection profile of its disinfection
practice for a period of up to three years. The Agency must have
determineddetermine the period of the disinfection profile, with a
minimum period of one year.
2)
The supplier must have monitoredmonitor daily for a period of 12
consecutive calendar months to determine the total logs of inactivation for
each day of operation, based on the CT99.9 values in Appendix B of this
Part, as appropriate, through the entire treatment plant. The supplier must
have begun this monitoring not later than April 1, 2000. As a minimum,
the supplier with a single point of disinfectant application prior to entrance
to the distribution system must have conductedconduct the monitoring in
subsections (b)(2)(A) through (b)(2)(D) of this Section. A supplier with
more than one point of disinfectant application must have
conductedconduct the monitoring in subsections (b)(2)(A) through
(b)(2)(D) of this Section for each disinfection segment. The supplier must
have monitoredmonitor the parameters necessary to determine the total
inactivation ratio, using analytical methods in Section 611.531, as follows:
A)
The temperature of the disinfected water must have beenbe
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measured once per day at each residual disinfectant concentration
sampling point during peak hourly flow.
3)
B)
If the supplier uses chlorine, the pH of the disinfected water must
have beenbe measured once per day at each chlorine residual
disinfectant concentration sampling point during peak hourly flow.
C)
The disinfectant contact times ("T") must have beenbe determined
for each day during peak hourly flow.
D)
The residual disinfectant concentrations ("C") of the water before
or at the first customer and prior to each additional point of
disinfection must have beenbe measured each day during peak
hourly flow.
In lieu of the monitoring conducted under the provisions of subsection
(b)(2) of this Section to develop the disinfection profile, the supplier may
have electedelect to meet the requirements of subsection (b)(3)(A) of this
Section. In addition to the monitoring conducted under the provisions of
subsection (b)(2) of this Section to develop the disinfection profile, the
supplier may have electedelect to meet the requirements of subsection
(b)(3)(B) of this Section.
A)
A PWS supplier that had three years of existing operational data
may have submitted that data, a profile generated using that data,
and a request that the Agency approve use of that data in lieu of
monitoring under the provisions of subsection (b)(2) of this
Section not later than March 31, 2000. The Agency must have
determineddetermine whether the operational data is substantially
equivalent to data collected under the provisions of subsection
(b)(2) of this Section. The data must also have beenbe
representative of Giardia lamblia inactivation through the entire
treatment plant and not just of certain treatment segments. If the
Agency determineddetermines that the operational data wasis
substantially equivalent, the Agency must have approvedapprove
the request. Until the Agency approvedapproves this request, the
system wasis required to conduct monitoring under the provisions
of subsection (b)(2) of this Section.
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B)
4)
In addition to the disinfection profile generated under subsection
(b)(2) of this Section, a PWS supplier that hadhas existing
operational data may have useduse that data to develop a
disinfection profile for additional years. The Agency must have
determineddetermine whether the operational data wasis
substantially equivalent to data collected under the provisions of
subsection (b)(2) of this Section. The data must also have beenbe
representative of inactivation through the entire treatment plant and
not just of certain treatment segments. If the Agency
determineddetermines that the operational data wasis substantially
equivalent, thesuch systems may have useduse these additional
yearly disinfection profiles to develop a benchmark under the
provisions of subsection (c) of this Section.
The supplier must calculate the total inactivation ratio as follows:
A)
B)
If the supplier uses only one point of disinfectant application, the
system may determine the total inactivation ratio for the
disinfection segment based on either of the methods in subsection
(b)(4)(A)(i) or (b)(4)(A)(ii) of this Section.
i)
Determine one inactivation ratio (CTcalc/CT99.9) before or at
the first customer during peak hourly flow.
ii)
Determine successive CTcalc/CT99.9 values, representing
sequential inactivation ratios, between the point of
disinfectant application and a point before or at the first
customer during peak hourly flow. Under this alternative,
the supplier must calculate the total inactivation ratio (∑
(CTcalc/CT99.9)) by determining CTcalc/CT99.9 for each
sequence and then adding the CTcalc/CT99.9 values together
to determine ∑ (CTcalc/CT99.9).
If the supplier uses more than one point of disinfectant application
before the first customer, the system must determine the CT value
of each disinfection segment immediately prior to the next point of
disinfectant application, or for the final segment, before or at the
first customer, during peak hourly flow. The (CTcalc/CT99.9) value
of each segment and (∑(CTcalc/CT99.9)) must be calculated using
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the method in subsection (b)(4)(A) of this Section.
C)
c)
The supplier must determine the total logs of inactivation by
multiplying the value calculated in subsection (b)(4)(A) or
(b)(4)(B) of this Section by 3.0.
5)
A supplier that uses either chloramines or ozone for primary disinfection
must also calculate the logs of inactivation for viruses using a method
approved by the Agency.
6)
The supplier must retain disinfection profile data in graphic form, as a
spreadsheet, or in some other format acceptable to the Agency for review
as part of sanitary surveys conducted by the Agency.
Disinfection benchmarking.
1)
2)
Any supplier required to develop a disinfection profile under the
provisions of subsections (a) and (b) of this Section and that decides to
make a significant change to its disinfection practice must consult with the
Agency prior to making such change. Significant changes to disinfection
practice are the following:
A)
Changes to the point of disinfection;
B)
Changes to the disinfectants used in the treatment plant;
C)
Changes to the disinfection process; and
D)
Any other modification identified by the Agency.
Any supplier that is modifying its disinfection practice must calculate its
disinfection benchmark using the procedure specified in subsections
(c)(2)(A) and (c)(2)(B) of this Section.
A)
For each year of profiling data collected and calculated under
subsection (b) of this Section, the supplier must determine the
lowest average monthly Giardia lamblia inactivation in each year
of profiling data. The supplier must determine the average Giardia
lamblia inactivation for each calendar month for each year of
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profiling data by dividing the sum of daily Giardia lamblia of
inactivation by the number of values calculated for that month.
B)
The disinfection benchmark is the lowest monthly average value
(for systems with one year of profiling data) or average of lowest
monthly average values (for systems with more than one year of
profiling data) of the monthly logs of Giardia lamblia inactivation
in each year of profiling data.
3)
A supplier that uses either chloramines or ozone for primary disinfection
must also calculate the disinfection benchmark for viruses using a method
approved by the Agency.
4)
The supplier must submit information in subsections (c)(4)(A) through
(c)(4)(C) of this Section to the Agency as part of its consultation process.
A)
A description of the proposed change;
B)
The disinfection profile for Giardia lamblia (and, if necessary,
viruses) under subsection (b) of this Section and benchmark as
required by subsection (c)(2) of this Section; and
C)
An analysis of how the proposed change will affect the current
levels of disinfection.
BOARD NOTE: Derived from 40 CFR 141.172 (2014)(2003).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART S: GROUNDWATER RULE
Section 611.802 Groundwater Source Microbial Monitoring and Analytical Methods
a)
Triggered source water monitoring.
1)
General requirements. A GWS supplier must conduct triggered source
water monitoring if the conditions in either subsections (a)(1)(A) and
(a)(1)(B) or (a)(1)(A) and (a)(1)(C) of this Section exist.
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2)
A)
The supplier does not provide at least 4-log treatment of viruses
(using inactivation, removal, or an Agency-approved combination
of 4-log virus inactivation and removal) before or at the first
customer for each groundwater source.
B)
Until March 31, 2016, the supplier is notified that a sample
collected pursuant to Section 611.521 is total coliform-positive,
and the sample is not invalidated by the Agency pursuant to
Section 611.523.
C)
Beginning April 1, 2016, the system is notified that a sample
collected under Sections 611.1054 through 611.1057 is total
coliform-positive and the sample is not invalidated under Section
611.1053(c).
Sampling requirements. A GWS supplier must collect, within 24 hours
after notification of the total coliform-positive sample, at least one
groundwater source sample from each groundwater source in use at the
time the total coliform-positive sample was collected pursuant to Section
611.521 until March 31, 2016, or collected pursuant to Sections 611.1054
through 611.1057 beginning April 1, 2016, except as provided in
subsection (a)(2)(B) of this Section.
A)
The Agency may, by a SEP issued pursuant to Section 611.110,
extend the 24-hour time limit on a case-by-case basis if it
determines that the supplier cannot collect the groundwater source
water sample within 24 hours due to circumstances beyond the
supplier's control. In the case of an extension, the Agency must
specify how much time the supplier has to collect the sample.
B)
If approved by the Agency, a supplier with more than one
groundwater source may meet the requirements of this subsection
(a)(2) by sampling a representative groundwater source or sources.
If directed by the Agency by a SEP issued pursuant to Section
611.110, the supplier must submit for Agency approval a triggered
source water monitoring plan that identifies one or more
groundwater sources that are representative of each monitoring site
in the system's sample siting plan pursuant to Section 611.521 and
that the system intends to use for representative sampling pursuant
to this subsection (a).
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C)
Until March 31, 2016, a GWS supplier that serves 1,000 or fewer
people may use a repeat sample collected from a groundwater
source to meet both the requirements of Section 611.522 and to
satisfy the monitoring requirements of subsection (a)(2) of this
Section for that groundwater source only if the Agency approves
the use of E. coli as a fecal indicator for source water monitoring
pursuant to this subsection (a) by a SEP issued pursuant to Section
611.110. If the repeat sample collected from the groundwater
source is E.coli positive, the system must comply with subsection
(a)(3) of this Section.
D)
Beginning April 1, 2016, a GWS supplier that serves 1,000 or
fewer people may use a repeat sample collected from a
groundwater source to meet both the requirements of Subpart AA
of this Part and to satisfy the monitoring requirements of
subsection (a)(2) of this Section for that groundwater source only if
the Agency, by a SEP issued pursuant to Section 611.110,
approves the use of E. coli as a fecal indicator for source water
monitoring pursuant to this subsection (a) and approves the use of
a single sample for meeting both the triggered source water
monitoring requirements in this subsection (a) and the repeat
monitoring requirements in Section 611.1058. If the repeat sample
collected from the groundwater source is E. coli-positive, the
system must comply with subsection (a)(3) of this Section.
3)
Additional requirements. If the Agency does not require corrective action
pursuant to Section 611.803(a)(2) for a fecal indicator-positive source
water sample collected pursuant to subsection (a)(2) of this Section that is
not invalidated pursuant to subsection (d) of this Section, the system must
collect five additional source water samples from the same source within
24 hours after being notified of the fecal indicator-positive sample.
4)
Consecutive and wholesale systems.
A)
In addition to the other requirements of this subsection (a), a
consecutive GWS supplier that has a total coliform-positive sample
collected pursuant to Section 611.521 until March 31, 2016, or
pursuant to Sections 611.1054 through 611.1057 beginning April
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1, 2016, must notify the wholesale systems within 24 hours after
being notified of the total coliform-positive sample.
B)
5)
In addition to the other requirements of this subsection (a), a
wholesale GWS supplier must comply with the following
requirements:
i)
A wholesale GWS supplier that receives notice from a
consecutive system it serves that a sample collected
pursuant to Section 611.521 until March 31, 2016, or
collected pursuant to Sections 611.1054 through 611.1057
beginning April 1, 2016, is total coliform-positive must,
within 24 hours after being notified, collect a sample from
its groundwater sources pursuant to subsection (a)(2) of this
Section and analyze it for a fecal indicator pursuant to
subsection (c) of this Section.
ii)
If the sample collected pursuant to subsection (a)(4)(B)(i)
of this section is fecal indicator-positive, the wholesale
GWS supplier must notify all consecutive systems served
by that groundwater source of the fecal indicator source
water positive within 24 hours of being notified of the
groundwater source sample monitoring result and must
meet the requirements of subsection (a)(3) of this Section.
Exceptions to the triggered source water monitoring requirements. A
GWS supplier is not required to comply with the source water monitoring
requirements of subsection (a) of this Section if either of the following
conditions exists:
A)
The Agency determines, and documents in writing, by a SEP
issued pursuant to Section 611.110, that the total coliform-positive
sample collected pursuant to Section 611.521 until March 31,
2016, or collected pursuant to Sections 611.1054 through 611.1057
beginning April 1, 2016, is caused by a distribution system
deficiency; or
B)
The total coliform-positive sample collected pursuant to Section
611.521 until March 31, 2016, or collected pursuant to Sections
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611.1054 through 611.1057 beginning April 1, 2016, is collected at
a location that meets Agency criteria for distribution system
conditions that will cause total coliform-positive samples.
b)
Assessment source water monitoring. If directed by the Agency by a SEP issued
pursuant to Section 611.110, a GWS supplier must conduct assessment source
water monitoring that meets Agency-determined requirements for such
monitoring. A GWS supplier conducting assessment source water monitoring
may use a triggered source water sample collected pursuant to subsection (a)(2) of
this Section to meet the requirements of subsection (b) of this Section. Agencydetermined assessment source water monitoring requirements may include the
following:
1)
Collection of a total of 12 groundwater source samples that represent each
month the system provides groundwater to the public;
2)
Collection of samples from each well, unless the system obtains written
Agency approval to conduct monitoring at one or more wells within the
GWS that are representative of multiple wells used by that system and
which draw water from the same hydrogeologic setting;
3)
Collection of a standard sample volume of at least 100 mℓ for fecal
indicator analysis, regardless of the fecal indicator or analytical method
used;
4)
Analysis of all groundwater source samples using one of the analytical
methods listed in subsection (c)(2) of this Section for the presence of E.
coli, enterococci, or coliphage;
5)
Collection of groundwater source samples at a location prior to any
treatment of the groundwater source unless the Agency approves a
sampling location after treatment; and
6)
Collection of groundwater source samples at the well itself, unless the
system's configuration does not allow for sampling at the well itself and
the Agency approves an alternate sampling location by a SEP issued
pursuant to Section 611.110 that is representative of the water quality of
that well.
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c)
Analytical methods.
1)
A GWS supplier subject to the source water monitoring requirements of
subsection (a) of this Section must collect a standard sample volume of at
least 100 mℓ for fecal indicator analysis, regardless of the fecal indicator
or analytical method used.
2)
A GWS supplier must analyze all groundwater source samples collected
pursuant to subsection (a) of this Section using one of the analytical
methods listed in subsections (c)(2)(A) through (c)(2)(C) of this Section,
each incorporated by reference in Section 611.102, or alternative methods
approved by the Agency pursuant to Section 611.480, subject to the
limitations of subsection (c)(2)(D) of this Section, for the presence of E.
coli, enterococci, or coliphage:
A)
E. coli:
i)
Autoanalysis Colilert® Test System, Standard Methods,
20th, 21st, or 22nd ed., Method 9223 B.
ii)
ColisureTM Test, Standard Methods, 20th, 21st , or 22nd ed.,
Method 9223 B.
iii)
Membrane Filter Method with MI Agar, USEPA Method
1604.
iv)
m-ColiBlue24 Test.
v)
E*Colite Test.
vi)
EC-MUG, Standard Methods, 20th or 22nd ed., Method 9221
F.
vii)
NA-MUG, Standard Methods, 20th ed., Method 9222 G.
viii)
Colilert-18® Test, Standard Methods, 20th, 21st, or 22nd ed.,
Method 9223 B.
ix)
Readycult® 2007.
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x)
Modified Colitag™ Method.
xi)
Chromomcult® Method.
xii)
Tecta EC/TC P-A Test.
BOARD NOTE: EC-MUG (Standard Methods, Method 9221F) or
NA-MUG (Standard Methods, Method 9222G) can be used for E.
coli testing step, as described in Section 611.526(f)(1) or (f)(2)
after use of Standard Methods, 18th, 19th, 20th , or 21st ed., Method
9221 B, 9221 D, 9222 B, or 9222 C. USEPA added Standard
Methods, 21st ed., Method 9223 B as an approved alternative
method for E. coli on June 3, 2008 (at 73 Fed. Reg. 31616).
USEPA added Readycult® 2007, Modified Colitag™ Method, and
Chromocult® Method as approved alternative methods for E. coli
on June 8, 2010 (at 75 Fed. Reg. 32295). USEPA added Standard
Methods, 22nd ed., Methods 9221 F and 9223 B as approved
alternative methods for E. coli in appendix A to subpart C of 40
CFR 141 on May 31, 2013 (at 78 Fed. Reg. 32558). USEPA
added Standard Methods Online, Method 9221 F-06 and 9223 B04 and Tecta EC/TC P-A Test as approved alternative methods for
E. coli in appendix A to subpart C of 40 CFR 141 on June 19, 2014
(at 79 Fed. Reg. 35081). Because Standard Methods, 22nd ed.,
Methods 9223 B and 9221 F are the same versions as Standard
Methods Online, Methods 9223 B-04 and 9221 F-06, the Board
has not listed the Standard Methods Online versions separately.
B)
Enterococci:
i)
Multiple-Tube Technique, Standard Methods, 20th ed.,
Method 9230 B or Standard Methods Online, Method 9230
B-04.
ii)
Membrane Filter Technique, Standard Methods, 20th ed.,
Method 9230 C, and USEPA Method 1600.
BOARD NOTE: The holding time and temperature for
groundwater samples are specified in subsection (c)(2)(D)
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of this Section, rather than as specified in Section 8 of
USEPA Method 1600.
iii)
Enterolert.
BOARD NOTE: Medium is available through IDEXX
Laboratories, Inc., at the address set forth in Section
611.102(b). Preparation and use of the medium must be as
set forth in the article that embodies the method as
incorporated by reference in Section 611.102(b).
BOARD NOTE: USEPA added Standard Methods Online,
Method 9230 B-04 as an approved alternative method for
enterococci on June 3, 2008 (at 73 Fed. Reg. 31616).
C)
D)
d)
Coliphage:
i)
Two-Step Enrichment Presence-Absence Procedure,
USEPA Method 1601 or Charm Fast Phage.
ii)
Single Agar Layer Procedure, USEPA Method 1602.
Limitation on methods use. The time from sample collection to
initiation of analysis may not exceed 30 hours. The GWS supplier
is encouraged but is not required to hold samples below 10°C
during transit.
Invalidation of a fecal indicator-positive groundwater source sample.
1)
A GWS supplier may obtain Agency invalidation of a fecal indicatorpositive groundwater source sample collected pursuant to subsection (a) of
this Section only under either of the following conditions:
A)
The supplier provides the Agency with written notice from the
laboratory that improper sample analysis occurred; or
B)
The Agency determines and documents in writing by a SEP issued
pursuant to Section 611.110 that there is substantial evidence that a
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fecal indicator-positive groundwater source sample is not related to
source water quality.
2)
e)
If the Agency invalidates a fecal indicator-positive groundwater source
sample, the GWS supplier must collect another source water sample
pursuant to subsection (a) of this Section within 24 hours after being
notified by the Agency of its invalidation decision, and the supplier must
have it analyzed for the same fecal indicator using the analytical methods
in subsection (c) of this Section. The Agency may extend the 24-hour
time limit on a case-by-case basis if the supplier cannot collect the source
water sample within 24 hours due to circumstances beyond its control. In
the case of an extension, the Agency must specify how much time the
system has to collect the sample.
Sampling location.
1)
Any groundwater source sample required pursuant to subsection (a) of this
Section must be collected at a location prior to any treatment of the
groundwater source unless the Agency approves a sampling location after
treatment.
2)
If the supplier's system configuration does not allow for sampling at the
well itself, it may collect a sample at an Agency-approved location to meet
the requirements of subsection (a) of this Section if the sample is
representative of the water quality of that well.
f)
New sources. If directed by the Agency by a SEP issued pursuant to Section
611.110, a GWS supplier that places a new groundwater source into service after
November 30, 2009 must conduct assessment source water monitoring pursuant
to subsection (b) of this Section. If directed by the SEP, the system must begin
monitoring before the groundwater source is used to provide water to the public.
g)
Public Notification. A GWS supplier with a groundwater source sample collected
pursuant to subsection (a) or (b) of this Section that is fecal indicator-positive and
which is not invalidated pursuant to subsection (d) of this Section, including a
consecutive system supplier served by the groundwater source, must conduct
public notification pursuant to Section 611.902.
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h)
Monitoring Violations. A failure to meet the requirements of subsections (a)
through (f) of this Section is a monitoring violation that requires the GWS
supplier to provide public notification pursuant to Section 611.904.
BOARD NOTE: Derived from 40 CFR 141.402 and appendix A to subpart C of 40 CFR
141 (2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART U: CONSUMER CONFIDENCE REPORTS
Section 611.883 Content of the Reports
a)
Each CWS must provide to its customers an annual report that contains the
information specified in this Section and Section 611.884.
b)
Information on the source of the water delivered.
1)
2)
c)
Each report must identify the sources of the water delivered by the CWS
by providing information on the following:
A)
The type of the water (e.g., surface water, groundwater); and
B)
The commonly used name (if any) and location of the body (or
bodies) of water.
If a source water assessment has been completed, the report must notify
consumers of the availability of this information and the means to obtain
it. In addition, systems are encouraged to highlight in the report significant
sources of contamination in the source water area if they have readily
available information. Where a system has received a source water
assessment from the Agency, the report must include a brief summary of
the system's susceptibility to potential sources of contamination, using
language provided by the Agency or written by the supplier .
Definitions.
1)
Each report must include the following definitions:
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A)
B)
Maximum Contaminant Level Goal or MCLG: The level of a
contaminant in drinking water below which there is no known or
expected risk to health. MCLGs allow for a margin of safety.
BOARD NOTE: Although an MCLG is not an NPDWR that the
Board must include in the Illinois SDWA regulations, the use of
this definition is mandatory where the term "MCLG" is defined.
Maximum Contaminant Level or MCL: The highest level of a
contaminant that is allowed in drinking water. MCLs are set as
close to the MCLGs as feasible using the best available treatment
technology.
2)
A report for a CWS operating under relief from an NPDWR issued under
Section 611.111, 611.112, 611.130, or 611.131 must include the following
definition: "Variances, Adjusted Standards, and Site-specific Rules: State
permission not to meet an MCL or a treatment technique under certain
conditions."
3)
A report that contains data on contaminants that USEPA regulates using
any of the following terms must include the applicable definitions:
A)
Treatment technique: A required process intended to reduce the
level of a contaminant in drinking water.
B)
Action level: The concentration of a contaminant that, if exceeded,
triggers treatment or other requirements that a water system must
follow.
C)
Maximum residual disinfectant level goal or MRDLG: The level
of a drinking water disinfectant below which there is no known or
expected risk to health. MRDLGs do not reflect the benefits of the
use of disinfectants to control microbial contaminants.
BOARD NOTE: Although an MRDLG is not an NPDWR that the
Board must include in the Illinois SDWA regulations, the use of
this definition is mandatory where the term "MRDLG" is defined.
D)
Maximum residual disinfectant level or MRDL: The highest level
of a disinfectant allowed in drinking water. There is convincing
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evidence that addition of a disinfectant is necessary for control of
microbial contaminants.
4)
d)
A report that contains information regarding a Level 1 or Level 2
assessment required under Subpart AA of this Part must include the
applicable of the following definitions:
A)
"Level 1 assessment: A Level 1 assessment is a study of the water
system to identify potential problems and determine (if possible)
why total coliform bacteria have been found in our water system."
B)
"Level 2 assessment: A Level 2 assessment is a very detailed
study of the water system to identify potential problems and
determine (if possible) why an E. coli MCL violation has occurred
or why total coliform bacteria have been found in our water system
on multiple occasions."
Information on detected contaminants.
1)
2)
This subsection (d) specifies the requirements for information to be
included in each report for contaminants subject to mandatory monitoring
(except Cryptosporidium). It applies to the following:
A)
Contaminants subject to an MCL, action level, MRDL, or
treatment technique (regulated contaminants);
B)
Contaminants for which monitoring is required by USEPA
pursuant to 40 CFR 141.40Section 611.510 (unregulated
contaminants); and
C)
Disinfection byproducts or microbial contaminants for which
monitoring is required by Section 611.382 and Subpart L of this
Part, except as provided under subsection (e)(1) of this Section,
and which are detected in the finished water.
The data relating to these contaminants must be displayed in one table or
in several adjacent tables. Any additional monitoring results that a CWS
chooses to include in its report must be displayed separately.
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3)
4)
The data must have been derived from data collected to comply with
monitoring and analytical requirements during calendar year 1998 for the
first report and must be derived from the data collected in subsequent
calendar years , except that the following requirements also apply:
A)
Where a system is allowed to monitor for regulated contaminants
less often than once a year, the tables must include the date and
results of the most recent sampling, and the report must include a
brief statement indicating that the data presented in the report is
from the most recent testing done in accordance with the
regulations. No data older than five years need be included.
B)
Results of monitoring in compliance with Section 611.382 and
Subpart L need only be included for five years from the date of last
sample or until any of the detected contaminants becomes
regulated and subject to routine monitoring requirements,
whichever comes first.
For detected regulated contaminants (listed in Appendix A of this Part),
the tables must contain the following:
A)
The MCL for that contaminant expressed as a number equal to or
greater than 1.0 (as provided in Appendix A of this Part);
B)
The federal Maximum Contaminant Level Goal (MCLG) for that
contaminant expressed in the same units as the MCL;
C)
If there is no MCL for a detected contaminant, the table must
indicate that there is a treatment technique, or specify the action
level, applicable to that contaminant, and the report must include
the definitions for treatment technique or action level, as
appropriate, specified in subsection (c)(3) of this Section;
D)
For contaminants subject to an MCL, except turbidity, total
coliforms, fecal coliforms, and E. coli, the highest contaminant
level used to determine compliance with an NPDWR, and the
range of detected levels, as follows:
i)
When compliance with the MCL is determined annually or
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less frequently: the highest detected level at any sampling
point and the range of detected levels expressed in the same
units as the MCL.
ii)
When compliance with the MCL is determined by
calculating a running annual average of all samples taken at
a monitoring location: the highest average of any of the
monitoring locations and the range of all monitoring
locations expressed in the same units as the MCL. For the
MCLs for TTHM and HAA5 in Section 611.312(b)(2), the
supplier must include the highest locational running annual
average for TTHM and HAA5 and the range of individual
sample results for all monitoring locations expressed in the
same units as the MCL. If results from more than one
location exceed the TTHM or HAA5 MCL, the supplier
must include the locational running annual average for each
location whose results exceed the MCL.
iii)
When compliance with the MCL is determined on a
system-wide basis by calculating a running annual average
of all samples at all monitoring locations: the average and
range of detection expressed in the same units as the MCL.
The supplier is required to include individual sample results
for the IDSE conducted under Subpart W of this Part when
determining the range of TTHM and HAA5 results to be
reported in the annual consumer confidence report for the
calendar year that the IDSE samples were taken.
BOARD NOTE to subsection (d)(4)(D): When rounding of results
to determine compliance with the MCL is allowed by the
regulations, rounding should be done prior to multiplying the
results by the factor listed in Appendix A of this Part; derived from
40 CFR 153 (2014)(2013).
E)
For turbidity the following:
i)
When it is reported pursuant to Section 611.560: the
highest average monthly value.
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ii)
When it is reported pursuant to the requirements of Section
611.211(b): the highest monthly value. The report must
include an explanation of the reasons for measuring
turbidity.
iii)
When it is reported pursuant to Section 611.250, 611.743,
or 611.955(b): the highest single measurement and the
lowest monthly percentage of samples meeting the turbidity
limits specified in Section 611.250, 611.743, or 611.955(b)
for the filtration technology being used. The report must
include an explanation of the reasons for measuring
turbidity;
F)
For lead and copper the following: the 90th percentile value of the
most recent round of sampling and the number of sampling sites
exceeding the action level;
G)
For total coliform analytical results until March 31, 2016, the
following:
i)
The highest monthly number of positive samples for
systems collecting fewer than 40 samples per month; or
ii)
The highest monthly percentage of positive samples for
systems collecting at least 40 samples per month;
H)
For fecal coliform and E. coli until March 31, 2016, the following:
the total number of positive samples;
I)
The likely sources of detected contaminants to the best of the
supplier's knowledge. Specific information regarding
contaminants may be available in sanitary surveys and source
water assessments, and must be used when available to the
supplier. If the supplier lacks specific information on the likely
source, the report must include one or more of the typical sources
for that contaminant listed in Appendix G of this Part that are most
applicable to the CWS; and
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J)
e)
For E. coli analytical results under Subpart AA of this Part, the
total number of positive samples.
5)
If a CWS distributes water to its customers from multiple hydraulically
independent distribution systems that are fed by different raw water
sources, the table must contain a separate column for each service area and
the report must identify each separate distribution system. Alternatively, a
CWS may produce separate reports tailored to include data for each
service area.
6)
The tables must clearly identify any data indicating violations of MCLs,
MRDLs, or treatment techniques, and the report must contain a clear and
readily understandable explanation of the violation including the
following: the length of the violation, the potential adverse health effects,
and actions taken by the CWS to address the violation. To describe the
potential health effects, the CWS must use the relevant language of
Appendix A of this Part.
7)
For detected unregulated contaminants for which monitoring is required
by USEPA pursuant to 40 CFR 141.40 (except Cryptosporidium), the
tables must contain the average and range at which the contaminant was
detected. The report may include a brief explanation of the reasons for
monitoring for unregulated contaminants.
Information on Cryptosporidium, radon, and other contaminants as follows:
1)
2)
If the CWS has performed any monitoring for Cryptosporidium, including
monitoring performed to satisfy the requirements of Subpart L of this Part,
that indicates that Cryptosporidium may be present in the source water or
the finished water, the report must include the following:
A)
A summary of the results of the monitoring; and
B)
An explanation of the significance of the results.
If the CWS has performed any monitoring for radon that indicates that
radon may be present in the finished water, the report must include the
following:
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3)
f)
A)
The results of the monitoring; and
B)
An explanation of the significance of the results.
If the CWS has performed additional monitoring that indicates the
presence of other contaminants in the finished water, the report must
include the following:
A)
The results of the monitoring; and
B)
An explanation of the significance of the results noting the
existence of any health advisory or proposed regulation.
Compliance with an NPDWR. In addition to the requirements of subsection
(d)(6) of this Section, the report must note any violation that occurred during the
year covered by the report of a requirement listed below, and include a clear and
readily understandable explanation of the violation, any potential adverse health
effects, and the steps the CWS has taken to correct the violation.
1)
Monitoring and reporting of compliance data.
2)
Filtration and disinfection prescribed by Subpart B of this Part. For CWSs
that have failed to install adequate filtration or disinfection equipment or
processes, or have had a failure of such equipment or processes that
constitutes a violation, the report must include the following language as
part of the explanation of potential adverse health effects: Inadequately
treated water may contain disease-causing organisms. These organisms
include bacteria, viruses, and parasites that can cause symptoms such as
nausea, cramps, diarrhea, and associated headaches.
3)
Lead and copper control requirements prescribed by Subpart G of this
Part. For systems that fail to take one or more actions prescribed by
Section 611.350(d), 611.351, 611.352, 611.353, or 611.354, the report
must include the applicable language of Appendix A of this Part for lead,
copper, or both.
4)
Treatment techniques for acrylamide and epichlorohydrin prescribed by
Section 611.296. For systems that violate the requirements of Section
611.296, the report must include the relevant language from Appendix A
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of this Part.
g)
h)
5)
Recordkeeping of compliance data.
6)
Special monitoring requirements prescribed by Sections 611.510 and
611.630.
7)
Violation of the terms of a variance, adjusted standard, site-specific rule,
or administrative or judicial order.
Variances, adjusted standards, and site-specific rules. If a system is operating
under the terms of a variance, adjusted standard, or site-specific rule issued under
Section 611.111, 611.112, or 611.131, the report must contain the following:
1)
An explanation of the reasons for the variance, adjusted standard, or sitespecific rule;
2)
The date on which the variance, adjusted standard, or site-specific rule
was issued;
3)
A brief status report on the steps the CWS is taking to install treatment,
find alternative sources of water, or otherwise comply with the terms and
schedules of the variance, adjusted standard, or site-specific rule; and
4)
A notice of any opportunity for public input in the review, or renewal, of
the variance, adjusted standard, or site-specific rule.
Additional information.
1)
The report must contain a brief explanation regarding contaminants that
may reasonably be expected to be found in drinking water, including
bottled water. This explanation may include the language of subsections
(h)(1)(A) through (h)(1)(C) of this Section or CWSs may use their own
comparable language. The report also must include the language of
subsection (h)(1)(D) of this Section.
A)
The sources of drinking water (both tap water and bottled water)
include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over the surface of the land or through the ground,
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it dissolves naturally-occurring minerals and, in some cases,
radioactive material, and can pick up substances resulting from the
presence of animals or from human activity.
B)
Contaminants that may be present in source water include the
following:
i)
Microbial contaminants, such as viruses and bacteria,
which may come from sewage treatment plants, septic
systems, agricultural livestock operations, and wildlife;
ii)
Inorganic contaminants, such as salts and metals, which can
be naturally-occurring or result from urban stormwater
runoff, industrial or domestic wastewater discharges, oil
and gas production, mining, or farming;
iii)
Pesticides and herbicides, which may come from a variety
of sources such as agriculture, urban stormwater runoff,
and residential uses;
iv)
Organic chemical contaminants, including synthetic and
volatile organic chemicals, which are byproducts of
industrial processes and petroleum production, and can also
come from gas stations, urban stormwater runoff, and
septic systems; and
v)
Radioactive contaminants, which can be naturallyoccurring or be the result of oil and gas production and
mining activities.
C)
In order to ensure that tap water is safe to drink, USEPA prescribes
regulations that limit the amount of certain contaminants in water
provided by public water systems. United States Food and Drug
Administration (USFDA) regulations establish limits for
contaminants in bottled water that must provide the same
protection for public health.
D)
Drinking water, including bottled water, may reasonably be
expected to contain at least small amounts of some contaminants.
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The presence of contaminants does not necessarily indicate that
water poses a health risk. More information about contaminants
and potential health effects can be obtained by calling the USEPA
Safe Drinking Water Hotline (800-426-4791).
2)
The report must include the telephone number of the owner, operator, or
designee of the CWS as a source of additional information concerning the
report.
3)
In communities with a large proportion of non-English speaking residents,
as determined by the Agency, the report must contain information in the
appropriate languages regarding the importance of the report or contain a
telephone number or address where such residents may contact the system
to obtain a translated copy of the report or assistance in the appropriate
language.
4)
The report must include information about opportunities for public
participation in decisions that may affect the quality of the water.
5)
The CWS may include such additional information as it deems necessary
for public education consistent with, and not detracting from, the purpose
of the report.
6)
Suppliers required to comply with Subpart S of this Part.
A)
Any GWS supplier that receives written notice from the Agency of
a significant deficiency or which receives notice from a laboratory
of a fecal indicator-positive groundwater source sample that is not
invalidated by the Agency pursuant to Section 611.802(d) must
inform its customers of any significant deficiency that is
uncorrected at the time of the next report or of any fecal indicatorpositive groundwater source sample in the next report. The
supplier must continue to inform the public annually until the
Agency, by a SEP issued pursuant to Section 611.110, determines
that particular significant deficiency is corrected or the fecal
contamination in the groundwater source is addressed pursuant to
Section 611.803(a). Each report must include the following
information:
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B)
7)
i)
The nature of the particular significant deficiency or the
source of the fecal contamination (if the source is known)
and the date the significant deficiency was identified by the
Agency or the dates of the fecal indicator-positive
groundwater source samples;
ii)
Whether or not the fecal contamination in the groundwater
source has been addressed pursuant to Section 611.803(a)
and the date of such action;
iii)
For each significant deficiency or fecal contamination in
the groundwater source that has not been addressed
pursuant to Section 611.803(a), the Agency-approved plan
and schedule for correction, including interim measures,
progress to date, and any interim measures completed; and
iv)
If the system receives notice of a fecal indicator-positive
groundwater source sample that is not invalidated by the
Agency pursuant to Section 611.802(d), the potential health
effects using the health effects language of Appendix A of
this Part.
If directed by the Agency by a SEP issued pursuant to Section
611.110, a supplier with significant deficiencies that have been
corrected before the next report is issued must inform its customers
of the significant deficiency, how the deficiency was corrected,
and the date of correction pursuant to subsection (h)(6)(A) of this
Section.
Suppliers required to comply with Subpart AA of this Part.
A)
Any supplier required to comply with the Level 1 assessment
requirement or a Level 2 assessment requirement that is not due to
an E. coli MCL violation must include in the report the text found
in subsections (h)(7)(A)(i) and (h)(7)(A)(ii) or (h)(7)(A)(i) and
(h)(7)(A)(iii) of this Section, as appropriate, filling in the blanks
accordingly and the text found in subsection (h)(7)(A)(iv) of this
Section, if appropriate.
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B)
i)
"Coliforms are bacteria that are naturally present in the
environment and are used as an indicator that other,
potentially harmful, waterborne pathogens may be present
or that a potential pathway exists through which
contamination may enter the drinking water distribution
system. We found coliforms indicating the need to look for
potential problems in water treatment or distribution.
When this occurs, we are required to conduct assessment(s)
to identify problems and to correct any problems that were
found during these assessments."
ii)
"During the past year we were required to conduct [insert
number of Levellevel 1 assessments] Level 1
assessment(s). [insert number of level 1 assessments] Level
1 assessment(s) were completed. In addition, we were
required to take [insert number of corrective actions]
corrective actions and we completed [insert number of
corrective actions] of these actions."
iii)
"During the past year [insert number of Level 2
assessments] Level 2 assessments were required to be
completed for our water system. [insert number of Level 2
assessments] Level 2 assessments were completed. In
addition, we were required to take [insert number of
corrective actions] corrective actions and we completed
[insert number of corrective actions] of these actions."
iv)
Any supplier that has failed to complete all the required
assessments or correct all identified sanitary defects is in
violation of the treatment technique requirement and must
also include one or both of the following statements, as
appropriate: "During the past year we failed to conduct all
of the required assessment(s)." or "During the past year we
failed to correct all identified defects that were found
during the assessment."
Any supplier required to conduct a Level 2 assessment due to an E.
coli MCL violation must include in the report the text found in
subsections (h)(7)(B)(i) and (h)(7)(B)(ii) of this Section, filling in
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the blanks accordingly and the appropriate alternative text found in
subsection (h)(7)(B)(ii) of this Section, if appropriate.
C)
i)
"E. coli are bacteria whose presence indicates that the water
may be contaminated with human or animal wastes.
Human pathogens in these wastes can cause short-term
effects, such as diarrhea, cramps, nausea, headaches, or
other symptoms. They may pose a greater health risk for
infants, young children, the elderly, and people with
severely compromised immune systems. We found E. coli
bacteria, indicating the need to look for potential problems
in water treatment or distribution. When this occurs, we are
required to conduct assessment(s) to identify problems and
to correct any problems that were found during these
assessments."
ii)
"We were required to complete a Level 2 assessment
because we found E. coli in our water system. In addition,
we were required to take [insert number of corrective
actions] corrective actions and we completed [insert
number of corrective actions] of these actions."
iii)
Any supplier that has failed to complete the required
assessment or correct all identified sanitary defects is in
violation of the treatment technique requirement and must
also include one or both of the following statements, as
appropriate: "We failed to conduct the required
assessment." or "We failed to correct all sanitary defects
that were identified during the assessment that we
conducted."
If a supplier detects E. coli and has violated the E. coli MCL, in
addition to completing the table, as required in subsection (d)(4) of
this Section, the supplier must include one or more of the
following statements to describe any noncompliance, as applicable:
i)
"We had an E. coli-positive repeat sample following a total
coliform-positive routine sample."
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D)
ii)
"We had a total coliform-positive repeat sample following
an E. coli-positive routine sample."
iii)
"We failed to take all required repeat samples following an
E. coli-positive routine sample."
iv)
"We failed to test for E. coli when any repeat sample tested
positive for total coliform."
If a supplier detects E. coli and has not violated the E. coli MCL,
in addition to completing the table as required in subsection (d)(4)
of this Section, the supplier may include a statement that explains
that, although it has, they have detected E. coli, it isthey are not in
violation of the E. coli MCL.
BOARD NOTE: Derived from 40 CFR 141.153 (2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.884 Required Additional Health Information
a)
All reports must prominently display the following language: "Some people may
be more vulnerable to contaminants in drinking water than the general population.
Immuno-compromised persons such as persons with cancer undergoing
chemotherapy, persons who have undergone organ transplants, people with
HIV/AIDS or other immune system disorders, some elderly, and infants can be
particularly at risk from infections. These people should seek advice about
drinking water from their health care providers. USEPA or Centers for Disease
Control and Prevention guidelines on appropriate means to lessen the risk of
infection by Cryptosporidium and other microbial contaminants are available
from the USEPA Safe Drinking Water Hotline (800-426-4791)."
b)
A supplier that detects arsenic above 0.005 mg/ℓ and up to and including 0.010
mg/ℓ must do the following:
1)
The supplier must include in its report a short informational statement
about arsenic, using the following language: "While your drinking water
meets USEPA's standard for arsenic, it does contain low levels of arsenic.
USEPA's standard balances the current understanding of arsenic's possible
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health effects against the costs of removing arsenic from drinking water.
USEPA continues to research the health effects of low levels of arsenic,
which is a naturally-occurring mineral known to cause cancer in humans
at high concentrations and is linked to other health effects such as skin
damage and circulatory problems."; or
2)
c)
d)
The supplier may write its own educational statement, but only in
consultation with the Agency.
A supplier that detects nitrate at levels above 5 mg/ℓ, but below the MCL, must
do the following:
1)
The supplier must include a short informational statement about the
impacts of nitrate on children, using the following language: "Nitrate in
drinking water at levels above 10 ppm is a health risk for infants of less
than six months of age. High nitrate levels in drinking water can cause
blue baby syndrome. Nitrate levels may rise quickly for short periods of
time because of rainfall or agricultural activity. If you are caring for an
infant you should ask advice from your health care provider"; or
2)
The CWS supplier may write its own educational statement, but only in
consultation with the Agency.
Every report must include the following lead-specific information:
1)
A short informational statement about lead in drinking water and its
effects on children. The statement must include the following
information:
If present, elevated levels of lead can cause serious health
problems, especially for pregnant women and young children.
Lead in drinking water is primarily from materials and components
associated with service lines and home plumbing. [NAME OF
SUPPLIER] is responsible for providing high quality drinking
water, but cannot control the variety of materials used in plumbing
components. When your water has been sitting for several hours,
you can minimize the potential for lead exposure by flushing your
tap for 30 seconds to two minutes before using water for drinking
or cooking. If you are concerned about lead in your water, you
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may wish to have your water tested. Information on lead in
drinking water, testing methods, and steps you can take to
minimize exposure is available from the Safe Drinking Water
Hotline or at http://www.epa.gov/safewater/lead.
2)
e)
A supplier may write its own educational statement, but only in
consultation with the Agency.
A CWS supplier that detects TTHM above 0.080 mg/ℓ, but below the MCL in
Section 611.312, as an annual average, monitored and calculated under the
provisions of former Section 611.680, must include the health effects language
prescribed by Appendix A of this Part.
BOARD NOTE: Former Section 611.680 originally derived from 40 CFR
141.30(a) and (b). USEPA removed 40 CFR 141.30 in its entirety in 2006. The
Board repealed former Section 611.680 in 2012. The references to former Section
611.680 in this subsection (e) relate to use of existing monitoring data collected
under those provisions as they existed before their repeal.
BOARD NOTE: Derived from 40 CFR 141.154 (2014)(2012).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART V: PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS
Section 611.901 General Public Notification Requirements
The requirements of this Subpart V replace former notice requirements.
a)
Who must give public notice. Each owner or operator of a public water system (a
CWS, an NTNCWS, or a transient non-CWS) must give notice for all violations
of an NPDWR and for other situations, as listed in this subsection (a). The term
"NPDWR violation" is used in this Subpart V to include violations of an MCL, an
MRDL, a treatment technique, monitoring requirements, or a testing procedure set
forth in this Part. Appendix G to this Part identifies the tier assignment for each
specific violation or situation requiring a public notice.
1)
NPDWR violations.
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2)
3)
A)
A failure to comply with an applicable MCL or MRDL.
B)
A failure to comply with a prescribed treatment technique.
C)
A failure to perform water quality monitoring, as required by this
Part.
D)
A failure to comply with testing procedures as prescribed by this
Part.
Relief equivalent to a variance and exemptions under sections 1415 and
1416 of SDWA.
A)
Operation under relief equivalent to a SDWA section 1415
variance, under Section 611.111, or a SDWA section 1416
exemption, under Section 611.112.
B)
A failure to comply with the requirements of any schedule that has
been set under relief equivalent to a SDWA section 1415 variance,
under Section 611.111, or a SDWA section 1415 exemption, under
Section 611.112.
Special public notices.
A)
The occurrence of a waterborne disease outbreak or other
waterborne emergency.
B)
An exceedence of the nitrate MCL by a non-CWS, where granted
permission by the Agency under Section 611.300(d).
C)
An exceedence of the secondary fluoride standard of Section
611.858.
D)
The availability of unregulated contaminant monitoring data
collected as required by USEPA pursuant to 40 CFR 141.40.
E)
Other violations and situations determined by the Agency by a SEP
issued pursuant to Section 611.110 to require a public notice under
this Subpart V, not already listed in Appendix G of this Part.
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b)
c)
The type of public notice required for each violation or situation. The public
notice requirements of this Subpart V are divided into three tiers, to take into
account the seriousness of the violation or situation and of any potential adverse
health effects that may be involved. The public notice requirements for each
violation or situation listed in subsection (a) of this Section are determined by the
tier to which it is assigned. This subsection (b) provides the definition of each
tier. Appendix G of this Part identifies the tier assignment for each specific
violation or situation.
1)
Tier 1 public notice: required for NPDWR violations and situations with
significant potential to have serious adverse effects on human health as a
result of short-term exposure.
2)
Tier 2 public notice: required for all other NPDWR violations and
situations with potential to have serious adverse effects on human health.
3)
Tier 3 public notice: required for all other NPDWR violations and
situations not included in Tier 1 and Tier 2.
Who must receive notice.
1)
Each PWS supplier must provide public notice to persons served by the
water supplier, in accordance with this Subpart V. A PWS supplier that
sells or otherwise provides drinking water to another PWS supplier (i.e., to
a consecutive system) is required to give public notice to the owner or
operator of the consecutive system; the consecutive system supplier is
responsible for providing public notice to the persons it serves.
2)
If a PWS supplier has a violation in a portion of the distribution system
that is physically or hydraulically isolated from other parts of the
distribution system, the Agency may allow the system to limit distribution
of the public notice to only persons served by that portion of the system
that is out of compliance. Permission by the Agency for limiting
distribution of the notice must be granted in writing, by a SEP issued
pursuant to Section 611.110.
3)
A copy of the notice must also be sent to the Agency, in accordance with
the requirements under Section 611.840(d).
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BOARD NOTE: Derived from 40 CFR 141.201 (2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.907 Special Notice of the Availability of Unregulated Contaminant Monitoring
Results
a)
When to give special notice. The owner or operator of a CWS supplier or an
NTNCWS supplier required to monitor for unregulated contaminants by USEPA
pursuant to 40 CFR 141.40under Section 611.510 must notify persons served by
the supplier of the availability of the results of such sampling no later than 12
months after the monitoring results are known.
b)
The form and manner of a special notice. The form and manner of the public
notice must follow the requirements for a Tier 3 public notice prescribed in
Sections 611.904(c), (d)(1), and (d)(3). The notice must also identify a person
and provide the telephone number to contact for information on the monitoring
results.
BOARD NOTE: Derived from 40 CFR 141.207 (2014)(2002).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART X: ENHANCED FILTRATION AND DISINFECTION –
SYSTEMS SERVING FEWER THAN 10,000 PEOPLE
Section 611.953 Disinfection Profile
a)
Applicability. A disinfection profile is a graphical representation of a system's
level of Giardia lamblia or virus inactivation measured during the course of a
year. A Subpart B community or non-transient non-community water system that
serves fewer than 10,000 persons must develop a disinfection profile unless the
Agency, by a SEP issued pursuant to Section 611.110, determines that a profile is
unnecessary. The Agency may approve the use of a more representative data set
for disinfection profiling than the data set required under subsections (c) through
(g) of this Section.
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b)
Determination that a disinfection profile is not necessary. The Agency may only
determine that a disinfection profile is not necessary if the system's TTHM and
HAA5 levels are below 0.064 mg/ℓ and 0.048 mg/ℓ, respectively. To determine
these levels, TTHM and HAA5 samples must have been collected after January 1,
1998, during the month with the warmest water temperature, and at the point of
maximum residence time in the distribution system. The Agency may, by a SEP
issued pursuant to Section 611.110, approve the use of a different data set to
determine these levels if it determines that the data set is representative TTHM
and HAA5 data.
c)
Development of a disinfection profile. A disinfection profile consists of the
following three steps:
d)
1)
First, the supplier must collect data for several parameters from the plant,
as discussed in subsection (d) of this Section, over the course of 12
months. If the supplier serves between 500 and 9,999 persons it must
have begun to collect data no later than July 1, 2003. If the supplier serves
fewer than 500 persons, it must begin to collect data no later than January
1, 2004.
2)
Second, the supplier must use this data to calculate weekly log inactivation
as discussed in subsections (e) and (f) of this Section; and
3)
Third, the supplier must use these weekly log inactivations to develop a
disinfection profile as specified in subsection (g) of this Section.
Data required for a disinfection profile. A supplier must monitor the following
parameters to determine the total log inactivation using the analytical methods in
Section 611.531611.231, once per week on the same calendar day, over 12
consecutive months:
1)
The temperature of the disinfected water at each residual disinfectant
concentration sampling point during peak hourly flow;
2)
If a supplier uses chlorine, the pH of the disinfected water at each residual
disinfectant concentration sampling point during peak hourly flow;
3)
The disinfectant contact times ("T") during peak hourly flow; and
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4)
e)
The residual disinfectant concentrations ("C") of the water before or at the
first customer and prior to each additional point of disinfection during
peak hourly flow.
Calculations based on the data collected. The tables in Appendix B of this Part
must be used to determine the appropriate CT99.9 value. The supplier must
calculate the total inactivation ratio as follows, and multiply the value by 3.0 to
determine log inactivation of Giardia lamblia:
1)
2)
If the supplier uses only one point of disinfectant application, it must
determine either of the following:
A)
One inactivation ratio (CTcalc/CT99.9) before or at the first customer
during peak hourly flow; or
B)
Successive CTcalc/CT99.9 values, representing sequential
inactivation ratios, between the point of disinfectant application
and a point before or at the first customer during peak hourly flow.
Under this alternative, the supplier must calculate the total
inactivation ratio by determining CTcalc/CT99.9 for each sequence
and then adding the CTcalc/CT99.9 values together to determine
ΣCTcalc/CT99.9.
If the supplier uses more than one point of disinfectant application before
the first customer, it must determine the CTcalc/CT99.9 value of each
disinfection segment immediately prior to the next point of disinfectant
application, or for the final segment, before or at the first customer, during
peak hourly flow using the procedure specified in subsection (e)(1)(B) of
this Section.
f)
Use of chloramines, ozone, or chlorine dioxide as a primary disinfectant. If a
supplier uses chloramines, ozone, or chlorine dioxide for primary disinfection, the
supplier must also calculate the logs of inactivation for viruses and develop an
additional disinfection profile for viruses using methods approved by the Agency.
g)
Development and maintenance of the disinfection profile in graphic form. Each
log inactivation serves as a data point in the supplier's disinfection profile. A
supplier will have obtained 52 measurements (one for every week of the year).
This will allow the supplier and the Agency the opportunity to evaluate how
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microbial inactivation varied over the course of the year by looking at all 52
measurements (the supplier's disinfection profile). The supplier must retain the
disinfection profile data in graphic form, such as a spreadsheet, which must be
available for review by the Agency as part of a sanitary survey. The supplier
must use this data to calculate a benchmark if the supplier is considering changes
to disinfection practices.
BOARD NOTE: Derived from 40 CFR 141.530 through 141.536 (2014)(2003).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.955 Combined Filter Effluent Turbidity Limits
a)
Applicability. A Subpart B system supplier that serves fewer than 10,000
persons, which is required to filter, and which utilizes filtration other than slow
sand filtration or diatomaceous earth filtration must meet the combined filter
effluent turbidity requirements of subsections (b) through (d) of this Section. If
the supplier uses slow sand or diatomaceous earth filtration the supplier is not
required to meet the combined filter effluent turbidity limits of this Subpart X, but
the supplier must continue to meet the combined filter effluent turbidity limits in
Section 611.250.
b)
Combined filter effluent turbidity limits. A supplier must meet two strengthened
combined filter effluent turbidity limits.
1)
The first combined filter effluent turbidity limit is a "95th percentile"
turbidity limit that a supplier must meet in at least 95 percent of the
turbidity measurements taken each month. Measurements must continue
to be taken as described in Sections 611.531 and 611.533611.231 and 233.
Monthly reporting must be completed according to Section 611.957(a).
The following are the required limits for specific filtration technologies:
A)
For a system with conventional filtration or direct filtration, the
95th percentile turbidity value is 0.3 NTU.
B)
For a system with any other alternative filter technology, the 95th
percentile turbidity value is a value (not to exceed 1 NTU) to be
determined by the Agency, by a SEP issued pursuant to Section
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611.110, based on the demonstration described in subsection (c) of
this Section.
2)
c)
The second combined filter effluent turbidity limit is a "maximum"
turbidity limit that a supplier may at no time exceed during the month.
Measurements must continue to be taken as described in Sections 611.531
and 611.533611.231 and 611.233. Monthly reporting must be completed
according to Section 611.957(a). The following are the required limits for
specific filtration technologies:
A)
For a system with conventional filtration or direct filtration, the
maximum turbidity value is 1 NTU.
B)
For a system with any other alternative filter technology, the
maximum turbidity value is a value (not to exceed 5 NTU) to be
determined by the Agency, by a SEP issued pursuant to Section
611.110, based on the demonstration described in subsection (c) of
this Section.
Requirements for an alternative filtration system.
1)
2)
If a supplier's system consists of alternative filtration (filtration other than
slow sand filtration, diatomaceous earth filtration, conventional filtration,
or direct filtration) the supplier is required to conduct a demonstration (see
tables in subsection (b) of this Section). The supplier must demonstrate to
the Agency, using pilot plant studies or other means, that its system's
filtration, in combination with disinfection treatment, consistently
achieves the following:
A)
99 percent removal of Cryptosporidium oocysts;
B)
99.9 percent removal or inactivation of Giardia lamblia cysts; and
C)
99.99 percent removal or inactivation of viruses.
This subsection (c)(2) corresponds with 40 CFR 141.552(b), which
USEPA has designated as "reserved." This statement maintains structural
correspondence with the corresponding federal regulation.
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d)
Requirements for a lime-softening system. If a supplier practices lime softening,
the supplier may acidify representative combined filter effluent turbidity samples
prior to analysis using a protocol approved by the Agency.
BOARD NOTE: Derived from 40 CFR 141.550 through 141.553 (2014)(2002).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.956 Individual Filter Turbidity Requirements
a)
Applicability. A Subpart B system supplier that serves fewer than 10,000 persons
and utilizing conventional filtration or direct filtration must conduct continuous
monitoring of turbidity for each individual filter in a supplier's system. The
following requirements apply to continuous turbidity monitoring:
1)
Monitoring must be conducted using an approved method in Section
611.531611.231;
2)
Calibration of turbidimeters must be conducted using procedures specified
by the manufacturer;
3)
Results of turbidity monitoring must be recorded at least every 15
minutes;
4)
Monthly reporting must be completed according to Section 611.957(a);
and
5)
Records must be maintained according to Section 611.957(b).
b)
Failure of turbidity monitoring equipment. If there is a failure in the continuous
turbidity monitoring equipment, the supplier must conduct grab sampling every
four hours in lieu of continuous monitoring until the turbidimeter is back on-line.
The supplier has 14 days to resume continuous monitoring before a violation is
incurred.
c)
Special requirements for systems with two or fewer filters. If a supplier's system
only consists of two or fewer filters, the supplier may conduct continuous
monitoring of combined filter effluent turbidity in lieu of individual filter effluent
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turbidity monitoring. Continuous monitoring must meet the same requirements
set forth in subsections (a)(1) through (a)(4) and (b) of this Section.
d)
Follow-up action. Follow-up action is required according to the following
requirements:
1)
If the turbidity of an individual filter (or the turbidity of combined filter
effluent (CFE) for a system with two filters that monitor CFE in lieu of
individual filters) exceeds 1.0 NTU in two consecutive recordings 15
minutes apart, the supplier must report to the Agency by the 10th of the
following month and include the filter numbers, corresponding dates,
turbidity values that exceeded 1.0 NTU, and the cause (if known) for the
exceedences.
2)
If a supplier was required to report to the Agency for three months in a
row and turbidity exceeded 1.0 NTU in two consecutive recordings 15
minutes apart at the same filter (or CFE for systems with two filters that
monitor CFE in lieu of individual filters), the supplier must conduct a selfassessment of the filters within 14 days of the day on which the filter
exceeded 1.0 NTU in two consecutive measurements for the third straight
month, unless a CPE, as specified in subsection (d)(3) of this Section, was
required. A supplier that has a system with two filters that monitor CFE in
lieu of individual filters must conduct a self assessment on both filters.
The self-assessment must consist of at least the following components:
assessment of filter performance, development of a filter profile,
identification and prioritization of factors limiting filter performance,
assessment of the applicability of corrections, and preparation of a filter
self-assessment report.
3)
If a supplier was required to report to the Agency for two months in a row
and turbidity exceeded 2.0 NTU in two consecutive recordings 15 minutes
apart at the same filter (or CFE for systems with two filters that monitor
CFE in lieu of individual filters), the supplier must arrange to have a
comprehensive performance evaluation (CPE) conducted by the Agency
or a third party approved by the Agency not later than 60 days following
the day the filter exceeded 2.0 NTU in two consecutive measurements for
the second straight month. If a CPE has been completed by the Agency or
a third party approved by the Agency within the 12 prior months or the
system and Agency are jointly participating in an ongoing comprehensive
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technical assistance (CTA) project at the system, a new CPE is not
required. If conducted, a CPE must be completed and submitted to the
Agency no later than 120 days following the day the filter exceeded 2.0
NTU in two consecutive measurements for the second straight month.
e)
Special individual filter monitoring for a lime-softening system. If a supplier's
system utilizes lime softening, the supplier may apply to the Agency for
alternative turbidity exceedence levels for the levels specified in subsection (d) of
this Section. The supplier must be able to demonstrate to the Agency that higher
turbidity levels are due to lime carryover only, and not due to degraded filter
performance.
BOARD NOTE: Derived from 40 CFR 141.560 through 141.564 (2014)(2003).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART Z: ENHANCED TREATMENT FOR CRYPTOSPORIDIUM
Section 611.1004 Source Water Monitoring Requirements: Analytical Methods
a)
Cryptosporidium. A supplier must analyze for Cryptosporidium using USEPA
OGWDW Methods, Method 1623 (05), 1623.1, or 1622 (05), each incorporated
by reference in Section 611.102, or alternative methods approved by the Agency
pursuant to Section 611.480.
1)
The supplier must analyze at least a 10 ℓ sample or a packed pellet volume
of at least 2 mℓ as generated by the methods listed in subsection (a) of this
Section. A supplier unable to process a 10 ℓ sample must analyze as much
sample volume as can be filtered by two filters approved by USEPA for
the methods listed in subsection (a) of this Section, up to a packed pellet
volume of at least 2 mℓ.
2)
Matrix spike (MS) samples.
A)
MS samples, as required by the methods in subsection (a) of this
Section, must be spiked and filtered by a laboratory approved for
Cryptosporidium analysis pursuant to Section 611.1005.
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B)
3)
b)
If the volume of the MS sample is greater than 10 ℓ, the supplier
may filter all but 10 ℓ of the MS sample in the field, and ship the
filtered sample and the remaining 10 ℓ of source water to the
laboratory. In this case, the laboratory must spike the remaining
10 ℓ of water and filter it through the filter used to collect the
balance of the sample in the field.
Flow cytometer-counted spiking suspensions must be used for MS
samples and ongoing precision and recovery samples.
E. coli. A supplier must use methods for enumeration of E. coli in source water
approved in 40 CFR 136.3(a), incorporated by reference in Section 611.102, or
alternative methods approved by the Agency pursuant to Section 611.480.
1)
The time from sample collection to initiation of analysis may not exceed
30 hours, unless the supplier meets the condition of subsection (b)(2) of
this Section.
2)
The Agency may, by a SEP issued pursuant to Section 611.110, approve
on a case-by-case basis the holding of an E. coli sample for up to 48 hours
between sample collection and initiation of analysis if it determines that
analyzing an E. coli sample within 30 hours is not feasible. E. coli
samples held between 30 to 48 hours must be analyzed by the
Autoanalysis Colilert® Test System reagent version of Standard Methods,
18th, 19th, or 20th ed., Method 9223 B, incorporated by reference in Section
611.102.
3)
A supplier must maintain the temperature of its samples between 0ºC and
10ºC during storage and transit to the laboratory.
4)
The supplier may use the membrane filtration, two-step procedure
described in Standard Methods, 20th ed., Method 9222 D and G,
incorporated by reference in Section 611.102.
BOARD NOTE: On June 3, 2008 (at 73 Fed. Reg. 31616), USEPA added
appendix A to subpart C of 40 CFR 141, which authorized alternative
methods to those listed for E. coli by multiple-tube technique at
corresponding 40 CFR 141.402(c)(2) to allow the use of Standard
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Methods for the Examination of Water and Wastewater, 20th ed., Method
9222 D and G.
c)
Turbidity. A supplier must use methods for turbidity measurement approved in
Section 611.531(a).
BOARD NOTE: Derived from 40 CFR 141.704 and appendix A to subpart C of 40 CFR
141 (2014)(2012).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
SUBPART AA: REVISED TOTAL COLIFORM RULE
Section 611.1052 Analytical Methods and Laboratory Certification
a)
Analytical methodology.
1)
The standard sample volume required for analysis, regardless of analytical
method used, is 100 mℓ.
2)
A supplier needs only determine the presence or absence of total coliforms
and E. coli; a determination of density is not required.
3)
The time from sample collection to initiation of test medium incubation
may not exceed 30 hours. Suppliers are encouraged but not required to
hold samples below 10º C during transit.
4)
If water having residual chlorine (measured as free, combined, or total
chlorine) is to be analyzed, sufficient sodium thiosulfate (Na2S2O3) must
be added to the sample bottle before sterilization to neutralize any residual
chlorine in the water sample. Dechlorination procedures are addressed in
section 2 of Standard Methods, 20th or 21st ed., Method 9060 A, each
incorporated by reference in Section 611.102.
5)
The supplier must conduct total coliform and E. coli analyses in
accordance with one of the following analytical methods, each
incorporated by reference in Section 611.102:
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BOARD NOTE: All monitoring and analyses must be done in accordance
with the version of the approved method recited in this subsection (a) and
incorporated by reference in Section 611.102. The methods listed are the
only versions that may be used for compliance with this Subpart AA.
Laboratories should be careful to use only the approved versions of the
methods, as product package inserts may not be the same as the approved
versions of the methods.
A)
Total coliforms, lactose fermentation methods:
i)
Standard total coliform fermentation technique: sections 1
and 2 of Standard Methods, 20th, 21st, or 22nd ed., Method
9221 B; or
BOARD NOTE: Lactose broth, as commercially available,
may be used in lieu of lauryl tryptose broth, if the supplier
conducts at least 25 parallel tests between lactose broth and
lauryl tryptose broth using the water normally tested, and if
the findings from this comparison demonstrate that the
false-positive rate and false-negative rate for total
coliforms, using lactose broth, is less than 10 percent.
Because Standard Methods, 21st ed., Method 9221 B is the
same version as Standard Methods Online 9221 B-99, the
Board has not listed the Standard Methods Online version
separately.
ii)
Presence-absence (P-A) coliform test: sections 1 and 2 of
Standard Methods, 20th or 21st, Method 9221 D.
BOARD NOTE: A multiple tube enumerative format, as
described in Standard Methods, 20th or 21st, Method 9221
D, is approved for this method for use in presence-absence
determination under this Subpart AA. Because Standard
Methods, 21st ed., Method 9221 D is the same version as
Standard Methods Online 9221 D-99, the Board has not
listed the Standard Methods Online version separately.
BOARD NOTE: USEPA added sections 1 and 2 of Standard
Methods Online, Method 9221 B-06 as an approved alternative
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method for total coliforms in appendix A to subpart C of 40 CFR
141 on June 19, 2014 (at 79 Fed. Reg. 35081). Because Standard
Methods, 22nd ed., Method 9221 B is the same version as Standard
Methods Online, Method 9221 B-06, the Board has not listed the
Standard Methods Online versions separately.
B)
Total coliforms, membrane filtration methods:
i)
Standard total coliform membrane filter procedure:
Standard Methods, 20th or 21st ed., Method 9222 B or C.
BOARD NOTE: Because Standard Methods, 20th ed.,
Methods 9222 B and C are the same version as Standard
Methods Online 9222 B and C-97, the Board has not listed
the Standard Methods Online version separately.
ii)
Membrane filtration using MI medium: USEPA Method
1604.
iii)
m-ColiBlue24® Test.
BOARD NOTE: All filtration series must begin with
membrane filtration equipment that has been sterilized by
autoclaving. Exposure of filtration equipment to UV light is
not adequate to ensure sterilization. Subsequent to the
initial autoclaving, exposure of the filtration equipment to
UV light may be used to sanitize the funnels between
filtrations within a filtration series. Alternatively,
membrane filtration equipment that is pre-sterilized by the
manufacturer (i.e., disposable funnel units) may be used.
iv)
Chromocult.
BOARD NOTE: All filtration series must begin with
membrane filtration equipment that has been sterilized by
autoclaving. Exposure of filtration equipment to UV light is
not adequate to ensure sterilization. Subsequent to the
initial autoclaving, exposure of the filtration equipment to
UV light may be used to sanitize the funnels between
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filtrations within a filtration series. Alternatively,
membrane filtration equipment that is pre-sterilized by the
manufacturer (i.e., disposable funnel units) may be used.
C)
Total coliforms, enzyme substrate methods:
i)
Colilert® Test: Standard Methods, 20th, 21st, or 22nd ed.,
Method 9223 B;
BOARD NOTE: Multiple-tube and multi-well enumerative
formats for this method are approved for use in presenceabsence determination under this Subpart AA.
ii)
Colilert-18® Test: Standard Methods, 20th, 21st, or 22nd
ed., Method 9223 B;
iiiii)
ColisureTM Test®: Standard Methods, 20th, 21st, or 22nd
ed., Method 9223 B;
BOARD NOTE: Multiple-tube and multi-well enumerative
formats for this method are approved for use in presenceabsence determination under this Subpart AA. ColisureTM
Test© results may be read after an incubation time of 24
hours. Because Standard Methods, 20th ed., Method 9223
B is the same version as Standard Methods Online 9223 B97, the Board has not listed the Standard Methods Online
version separately.
iviii)
E*Colite® Test;
viv)
Readycult® 2007 Testtest;
viv)
Modified Colitag™ Test; ortest.
vii)
Tecta EC/TC P-A Test.
BOARD NOTE: USEPA added Standard Methods Online,
Method 9223 B-04, Colilert-18® Test, and Tecta EC/TC P-A Test
as approved alternative methods for total coliforms in appendix A
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to subpart C of 40 CFR 141 on June 19, 2014 (at 79 Fed. Reg.
35081). Because Standard Methods, 22nd ed., Method 9223 B is
the same version as Standard Methods Online, Method 9223 B-04,
the Board has not listed the Standard Methods Online versions
separately.
D)
E. coli (following lactose fermentation methods), EC-MUG
medium: section 1 of Standard Methods, 20th or, 21st ed., or 22nd
ed., Method 9221 F.
BOARD NOTE: USEPA added section 1 of Standard Methods
Online, Method 9221 F-06 as an approved alternative method for
E. coli in appendix A to subpart C of 40 CFR 141 on June 19, 2014
(at 79 Fed. Reg. 35081). Because Standard Methods, 22nd ed.,
Method 9221 F is the same version as Standard Methods Online,
Method 9221 F-06, the Board has not listed the Standard Methods
Online versions separately.
E)
E. coli, partition method:
i)
EC broth with MUG (EC-MUG): section 1.c(2) of
Standard Methods, 20th or 21st ed., Method 9222 G; or
BOARD NOTE: The following changes must be made to
the EC broth with MUG (EC-MUG) formulation:
potassium dihydrogen phosphate (KH2PO4) must be 1.5 g,
and 4-methylumbelliferyl-β-D-glucuronide must be 0.05 g.
ii)
F)
NA-MUG medium: section 1.c(1) of Standard Methods,
20th or 21st ed., Method 9222 G.
E. coli, membrane filtration methods:
i)
Membrane filtration using MI medium: USEPA Method
1604.
ii)
m-ColiBlue24® Testtest.
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BOARD NOTE: All filtration series must begin with
membrane filtration equipment that has been sterilized by
autoclaving. Exposure of filtration equipment to UV light is
not adequate to ensure sterilization. Subsequent to the
initial autoclaving, exposure of the filtration equipment to
UV light may be used to sanitize the funnels between
filtrations within a filtration series. Alternatively,
membrane filtration equipment that is pre-sterilized by the
manufacturer (i.e., disposable funnel units) may be used.
iii)
Chromocult.
BOARD NOTE: All filtration series must begin with
membrane filtration equipment that has been sterilized by
autoclaving. Exposure of filtration equipment to UV light is
not adequate to ensure sterilization. Subsequent to the
initial autoclaving, exposure of the filtration equipment to
UV light may be used to sanitize the funnels between
filtrations within a filtration series. Alternatively,
membrane filtration equipment that is pre-sterilized by the
manufacturer (i.e., disposable funnel units) may be used.
G)
E. coli, enzyme substrate methods:
i)
Colilert® Test: Standard Methods, 20th, 21st, or 22nd ed.,
Method 9223 B;
BOARD NOTE: Multiple-tube and multi-well enumerative
formats for this method are approved for use in presenceabsence determination under this Subpart AA. Because
Standard Methods, 20th ed., Method 9223 B is the same
version as Standard Methods Online 9223 B-97, the Board
has not listed the Standard Methods Online version
separately.
ii)
Colilert-18® Test: Standard Methods, 20th, 21st, or 22nd
ed., Method 9223 B;
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iiiii)
ColisureTM®: Standard Methods, 20th, 21st, or 22nd ed.,
Method 9223 B;
BOARD NOTE: Multiple-tube and multi-well enumerative
formats for this method are approved for use in presenceabsence determination under this Subpart AA.
ColisureTM® results may be read after an incubation time
of 24 hours. Because Standard Methods, 20th ed., Method
9223 B is the same version as Standard Methods Online
9223 B-97, the Board has not listed the Standard Methods
Online version separately.
iviii)
E*Colite® Testtest;
viv)
Readycult® 2007 Testtest;
viv)
Modified Colitag™ Test;test.
vii)
Tecta EC/TC P-A Test.
BOARD NOTE: USEPA added of Standard Methods, 22nd ed.,
Methods 9221 B (sections 1 and 2) and 9223 B as approved
alternative methods for total coliforms and Standard Methods, 22nd
ed., Methods 9221 F (section 1) and 9223 B for as approved
alternative methods for E. coli in appendix A to subpart C of 40
CFR 141 on June 21, 2013 (at 78 Fed. Reg. 37463). USEPA
added Standard Methods Online, Method 9223 B-04, Colilert-18®
Test, and Tecta EC/TC P-A Test as approved alternative methods
for E. coli in appendix A to subpart C of 40 CFR 141 on June 19,
2014 (at 79 Fed. Reg. 35081). Because Standard Methods, 22nd
ed., Method 9223 B is the same version as Standard Methods
Online, Method 9223 B-04, the Board has not listed the Standard
Methods Online versions separately.
b)
Laboratory certification. A supplier must have all compliance samples required
by this Subpart AA analyzed by a certified laboratory in one of the categories
listed in Section 611.490(a). The laboratory used by the supplier must be certified
for each method (and associated contaminants) that is used for compliance
monitoring analyses under this Subpart AA.
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c)
This subsection (c) corresponds with 40 CFR 141.1052(c), which is a centralized
listing of incorporations by reference for the purposes of subpart Y to 40 CFR
141. The Board has centrally located all incorporations by reference in Section
611.102. This statement maintains structural consistency with the federal rules.
BOARD NOTE: Derived from 40 CFR 141.852 and appendix A to subpart C of 40 CFR
141 (2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.1055 Routine Monitoring Requirements for CWSs That Serve 1,000 or Fewer
People Using Only Groundwater
a)
General.
1)
This Section applies to CWS suppliers that use only ground water (except
ground water under the direct influence of surface water, as defined in
Section 611.102) and which serve 1,000 or fewer people.
2)
Following any total coliform-positive sample taken under the provisions
of this Section, the supplier must comply with the repeat monitoring
requirements and E. coli analytical requirements in Section 611.1058.
3)
Once all monitoring required by this Section and Section 611.1058 for a
calendar month has been completed, the supplier must determine whether
any coliform treatment technique triggers specified in Section 611.1059
have been exceeded. If any trigger has been exceeded, the supplier must
complete assessments as required by Section 611.1059.
b)
Monitoring frequency for total coliforms. The monitoring frequency for total
coliforms is one sample per month, except as provided for under subsections (c)
through (f) of this Section.
c)
Transition to Subpart AA.
1)
A supplier must continue to monitor according to the total coliform
monitoring schedules under Sections 611.521 through 611.527 that were
in effect on March 31, 2016, unless any of the conditions in subsection (e)
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of this Section are triggered on or after April 1, 2016, or unless otherwise
directed by the Agency, by a SEP issued pursuant to Section 611.110.
2)
d)
Beginning April 1, 2016, the Agency must perform a special monitoring
evaluation during each sanitary survey to review the status of the
supplier's system, including the distribution system, to determine whether
the system is on an appropriate monitoring schedule. After the Agency
has performed the special monitoring evaluation during each sanitary
survey, the Agency may, by a SEP issued pursuant to Section 611.110,
modify the supplier's monitoring schedule, as necessary. Alternatively,
the Agency may allow the supplier to stay on its existing monitoring
schedule, consistent with the provisions of this Section. The Agency may
not allow a supplier to begin less frequent monitoring under the special
monitoring evaluation unless the supplier has already met the applicable
criteria for less frequent monitoring in this Section.
Criteria for reduced monitoring.
1)
The Agency may, by a SEP issued pursuant to Section 611.110, reduce the
monitoring frequency from monthly monitoring to no less than quarterly
monitoring if the supplier is in compliance with Agency-certified operator
provisions and demonstrates that it meets the criteria in subsections
(d)(1)(A) through (d)(1)(C) of this Section. A supplier that loses its
certified operator must return to monthly monitoring the month following
that loss.
A)
The supplier has a clean compliance history for a minimum of 12
months.
B)
The most recent sanitary survey shows the supplier is free of
sanitary defects (or has an approved plan and schedule to correct
them and is in compliance with the plan and the schedule), has a
protected water source, and meets Agency-approved construction
standards.
C)
The supplier meets at least one of the following criteria:
i)
An annual site visit by the Agency that is equivalent to a
Level 2 assessment or an annual Level 2 assessment by a
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party approved by the Agency and correction of all
identified sanitary defects (or an approved plan and
schedule to correct them and is in compliance with the plan
and schedule).
2)
e)
ii)
Cross connection control, as approved by the Agency.
iii)
Continuous disinfection entering the distribution system
and a residual in the distribution system in accordance with
criteria specified by the Agency.
iv)
Demonstration of maintenance of at least a 4-log removal
or inactivation of viruses as provided for under Section
611.803(b)(3).
v)
Other equivalent enhancements to water system barriers as
approved by the Agency.
This subsection (d)(2) corresponds with 40 CFR 141.855(d)(2), which
USEPA has marked "reserved." This statement maintains structural
consistency with the corresponding federal provision.
Return to routine monthly monitoring requirements. A supplier on quarterly
monitoring that experience any of the events in subsections (e)(1) through (e)(4)
of this Section must begin monthly monitoring the month following the event.
The supplier must continue monthly monitoring until it meets the reduced
monitoring requirements in subsection (d) of this Section.
1)
The supplier triggers a Level 2 assessment or two Level 1 assessments in a
rolling 12-month period.
2)
The supplier has an E. coli MCL violation.
3)
The supplier has a coliform treatment technique violation.
4)
The supplier has two Subpart AA monitoring violations in a rolling 12month period.
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f)
Additional routine monitoring the month following a total coliform-positive
sample. A supplier collecting samples on a quarterly frequency must conduct
additional routine monitoring the month following one or more total coliformpositive samples (with or without a Level 1 treatment technique trigger). A
supplier must collect at least three routine samples during the next month, except
that the Agency may, by a SEP issued pursuant to Section 611.110, waive this
requirement if the conditions of subsection (f)(1), (f)(2), or (f)(3) of this Section
are met. A supplier may either collect samples at regular time intervals
throughout the month or may collect all required routine samples on a single day
if samples are taken from different sites. A supplier must use the results of
additional routine samples in coliform treatment technique trigger calculations.
1)
The Agency may, by a SEP issued pursuant to Section 611.110, waive the
requirement to collect three routine samples the next month in which the
supplier's system provides water to the public if the Agency, or an agent
approved by the Agency, performs a site visit before the end of the next
month in which the supplier's system provides water to the public.
Although a sanitary survey need not be performed, the site visit must be
sufficiently detailed to allow the Agency to determine whether additional
monitoring or any corrective action is needed. The Agency cannot
approve an employee of the supplier to perform this site visit, even if the
employee is an agent approved by the Agency to perform sanitary surveys.
2)
The Agency may, by a SEP issued pursuant to Section 611.110, waive the
requirement to collect three routine samples the next month in which the
supplier's system provides water to the public if the Agency has
determined why the sample was total coliform-positive and has
established that the supplier has corrected the problem or will correct the
problem before the end of the next month in which the supplier's system
serves water to the public. In this case, the Agency must document this
decision to waive the following month's additional monitoring
requirement in writing, have it approved and signed by the supervisor of
the Agency official who recommends such a decision, and make this
document available to USEPA and the public. The written documentation
must describe the specific cause of the total coliform-positive sample and
what action the supplier has taken or will take to correct this problem.
3)
The Agency may not waive the requirement to collect three additional
routine samples the next month in which the supplier's system provides
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water to the public solely on the grounds that all repeat samples are total
coliform-negative. If the Agency determines that the supplier has
corrected the contamination problem before the supplier takes the set of
repeat samples required in Section 611.1058, and all repeat samples were
total coliform-negative, the Agency may, by a SEP issued pursuant to
Section 611.110, waive the requirement for additional routine monitoring
the next month.
BOARD NOTE: Derived from 40 CFR 141.855 (2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
Section 611.1061 Reporting and Recordkeeping
a)
Reporting.
1)
2)
E. coli.
A)
A supplier must notify the Agency by the end of the day when the
system learns of an E. coli MCL violation, unless the supplier
learns of the violation after the Agency office is closed and the
Agency does not have either an after-hours phone line or an
alternative notification procedure, in which case the supplier must
notify the Agency before the end of the next business day, and the
supplier notifies the public in accordance with Subpart V of this
Part.
B)
A supplier must notify the Agency by the end of the day when the
supplier is notified of an E. coli-positive routine sample, unless the
supplier is notified of the result after the Agency office is closed
and the Agency does not have either an after-hours phone line or
an alternative notification procedure, in which case the supplier
must notify the Agency before the end of the next business day.
A supplier that has violated the treatment technique for coliforms in
Section 611.1059 must report the violation to the Agency no later than the
end of the next business day after it learns of the violation, and notify the
public in accordance with Subpart V of this Part.
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b)
3)
A supplier required to conduct an assessment under the provisions of
Section 611.1059 must submit the assessment report within 30 days. The
supplier must notify the Agency in accordance with Section 611.1059(c)
when each scheduled corrective action is completed for corrections not
completed by the time of submission of the assessment form.
4)
A supplier that has failed to comply with a coliform monitoring
requirement must report the monitoring violation to the Agency within 10
days after the supplier discovers the violation, and notify the public in
accordance with Subpart V of this Part.
5)
A seasonal system supplier must certify, prior to serving water to the
public, that it has complied with the Agency-approved start-up procedure.
Recordkeeping.
1)
The supplier must maintain any assessment form, regardless of who
conducts the assessment, and documentation of corrective actions
completed as a result of those assessments, or other available summary
documentation of the sanitary defects and corrective actions taken under
Section 611.1059611.1058 for Agency review. This record must be
maintained by the supplier for a period not less than five years after
completion of the assessment or corrective action.
2)
The supplier must maintain a record of any repeat sample taken that meets
Agency criteria for an extension of the 24-hour period for collecting repeat
samples as provided for under Section 611.1058(a)(1).
BOARD NOTE: Derived from 40 CFR 141.861 (2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
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Section 611.APPENDIX G NPDWR Violations and Situations Requiring Public Notice
See note 1 at the end of this Appendix G for an explanation of the Agency's authority to alter the
magnitude of a violation from that set forth in the following table.
MCL/MRDL/TT violations2
Contaminant
I.
Tier of
public
notice
required
Citation
Monitoring & testing
procedure violations
Tier of
Citation
public
notice
required
Violations of National Primary Drinking Water Regulations (NPDWR):3
A.
Microbiological Contaminants
1a. Total coliform bacteria,
2
until March 31, 2016
1b. Total coliform (Monitoring 2
or TT violations resulting
from failure to perform
assessments or corrective
actions, monitoring
violations, and reporting
violations), beginning April
1, 2016
1c. Seasonal system failure to 2
follow State-approved startup plan prior to serving
water to the public or
failure to provide
certification to the Agency,
beginning April 1, 2016
2a. Fecal coliform/E. coli, until 1
March 31, 2016
2b. E. coli (MCL, monitoring, 1
and reporting violations),
beginning April 1, 2016
611.325(a)
3
611.1060(b)(1)
141.860(b)
3
611.521611.525
611.1060(c)(1)
611.1060(d)(1)
141.860(c)
611.1060(b)(2)
141.860(b)(2)
3
611.1060(d)(3)
611.325(b)
4
611.1060(a)
141.860(a)
3
1, 3
611.525
611.1060(c)
611.1060(d)(2)
141.860(c)
141.860(d)(2)
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2c. E. coli (TT violations
2
resulting from failure to
perform Level 2
assessments or corrective
action), beginning April 1,
2016
3. Turbidity MCL
2
4. Turbidity MCL (average of 5 2, 1
two days' samples greater
than 5 NTU)
5. Turbidity (for TT violations 6 2, 1
resulting from a single
exceedence of maximum
allowable turbidity level)
611.320(a)
611.320(b)
3
3
611.560
611.560
611.231(b),
611.233(b)(1),
611.250(a)(2),
611.250(b)(2),
611.250(c)(2),
611.250(d),
611.743(a)(2),
611.743(b),
611.955(b)(2)
611.211,
611.213,
611.220,
611.230611.233,
611.240611.242,
611.250
7
611.740611.743,
611.950611.955
3
611.531(a),
611.532(b),
611.533(a),
611.744,
611.956(a)(1)(a)(3),
611.956(b)
3
611.531611.533
3
611.742,
611.744,
611.953,
611.954,
611.956
2
611.276(c)
3
611.276(b), (d)
2
611.950611.955
3
611.953,
611.954,
611.956
6.
Surface Water Treatment
Rule violations, other than
violations resulting from
single exceedence of max.
allowable turbidity level
(TT)
2
7.
Interim Enhanced Surface
Water Treatment Rule
violations, other than
violations resulting from
single exceedence of max.
turbidity level (TT)
Filter Backwash Recycling
Rule violations
Long Term 1 Enhanced
Surface Water Treatment
Rule violations
2
8.
9.
611.1060(b)(1)
141.860(b)
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10. LT2ESWTR violations
2
611.1010611.1020
19
11. Groundwater Rule
violations
2
611.804
3
Inorganic Chemicals (IOCs)
Antimony
2
611.301(b)
3
2.
Arsenic
2
611.301(b)
3
3.
Asbestos (fibers greater
than 10 µm)
2
611.301(b)
3
4.
Barium
2
611.301(b)
3
5.
Beryllium
2
611.301(b)
3
6.
Cadmium
2
611.301(b)
3
7.
Chromium (total)
2
611.301(b)
3
8.
Cyanide
2
611.301(b)
3
9.
Fluoride
2
611.301(b)
3
2
611.301(b)
3
B.
1.
10. Mercury (inorganic)
2, 3
611.1001611.1005 and
611.1008611.1009
611.802(h)
611.600,
611.601,
611.603
611.601,
611.603
611.600,
611.601,
611.602
611.600,
611.601,
611.603
611.600,
611.601,
611.603
611.600,
611.601,
611.603
611.600,
611.601,
611.603
611.600,
611.601,
611.603
611.600,
611.601,
611.603
611.600,
611.601,
611.603
ILLINOIS REGISTER
21748
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
11. Nitrate
1
611.301(b)
8
1, 3
12. Nitrite
1
611.301(b)
8
1, 3
13. Total Nitrate and Nitrite
1
611.301(b)
3
14. Selenium
2
611.301(b)
3
15. Thallium
2
611.301(b)
3
611.600,
611.601,
611.604,
611.606
611.600,
611.601,
611.605,
611.606
611.600,
611.601
611.600,
611.601,
611.603
611.600,
611.601,
611.603
C.
1.
Lead and Copper Rule (Action Level for lead is 0.015 mg/ℓ, for copper is 1.3 mg/ℓ)
Lead and Copper Rule (TT) 2
611.3503
611.356611.355
611.359
D.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Synthetic Organic Chemicals (SOCs)
2,4-D
2
2,4,5-TP (silvex)
2
Alachlor
2
Atrazine
2
Benzo(a)pyrene (PAHs)
2
Carbofuran
2
Chlordane
2
Dalapon
2
Di(2-ethylhexyl)adipate
2
Di(2-ethylhexyl)phthalate
2
Dibromochloropropane
2
(DBCP)
Dinoseb
2
Dioxin (2,3,7,8-TCDD)
2
Diquat
2
Endothall
2
12.
13.
14.
15.
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
3
3
3
3
3
3
3
3
3
3
3
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.310(c)
611.310(c)
611.310(c)
611.310(c)
3
3
3
3
611.648
611.648
611.648
611.648
ILLINOIS REGISTER
21749
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Endrin
Ethylene dibromide
Glyphosate
Heptachlor
Heptachlor epoxide
Hexachlorobenzene
Hexachlorocyclopentadiene
Lindane
Methoxychlor
Oxamyl (Vydate)
Pentachlorophenol
Picloram
Polychlorinated biphenyls
(PCBs)
29. Simazine
30. Toxaphene
E.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
2
2
2
2
2
2
2
2
2
2
2
2
2
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
611.310(c)
3
3
3
3
3
3
3
3
3
3
3
3
3
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
611.648
2
2
611.310(c)
611.310(c)
3
3
611.648
611.648
611.310(a)
611.310(a)
611.310(a)
3
3
3
611.646
611.646
611.646
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
611.310(a)
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
611.646
Volatile Organic Chemicals (VOCs)
Benzene
2
Carbon tetrachloride
2
Chlorobenzene
2
(monochlorobenzene)
o-Dichlorobenzene
2
p-Dichlorobenzene
2
1,2-Dichloroethane
2
1,1-Dichloroethylene
2
cis-1,2-Dichloroethylene
2
trans-1,2-Dichloroethylene 2
Dichloromethane
2
1,2-Dichloropropane
2
Ethylbenzene
2
Styrene
2
Tetrachloroethylene
2
Toluene
2
1,2,4-Trichlorobenzene
2
1,1,1-Trichloroethane
2
1,1,2-Trichloroethane
2
Trichloroethylene
2
ILLINOIS REGISTER
21750
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
20. Vinyl chloride
21. Xylenes (total)
2
2
611.310(a)
611.310(a)
3
3
611.646
611.646
Radioactive Contaminants
Beta/photon emitters
2
611.330(d)
3
2.
Alpha emitters
2
611.330(c)
3
3.
Combined radium (226 &
228)
Uranium
2
611.330(b)
3
2
611.330(e)
3
611.720(a),
611.732
611.720(a),
611.731
611.720(a),
611.731
611.720(a),
611.731
F.
1.
4.
G.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfectant Residuals. Where
disinfection is used in the treatment of drinking water, disinfectants combine with organic
and inorganic matter present in water to form chemicals called disinfection byproducts
(DBPs). USEPA sets standards for controlling the levels of disinfectants and DBPs in
drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs).13
11
Total trihalomethanes
2
611.312(b)
3
Subparts W and
(TTHMs)
Y of this Part
Haloacetic Acids (HAA5) 2
611.312(b)
3
Subpart Y of
this Part
Bromate
Chlorite
Chlorine (MRDL)
Chloramine (MRDL)
Chlorine dioxide (MRDL),
where any two consecutive
daily samples at entrance to
distribution system only are
above MRDL
Chlorine dioxide (MRDL),
where samples in
distribution system the next
day are also above MRDL
Control of DBP precursors
– TOC (TT)
2
2
2
2
2
13
2
1
611.312(a)
611.312(a)
611.313(a)
611.313(a)
611.313(a),
611.383(c)(
3)
3
3
3
3
212, 3
611.382(a)-(b)
611.382(a)-(b)
611.382(a), (c)
611.382(a), (c)
611.382(a), (c),
611.383(c)(
2)
611.313(a),
611.383(c)(
3)
1
611.382(a), (c),
611.383(c)(
2)
611.385(a)-(b)
3
611.382(a), (d)
ILLINOIS REGISTER
21751
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
10. Benchmarking and
disinfection profiling
N/A
N/A
3
11. Development of monitoring N/A
plan
N/A
3
611.742,
611.953,
611.954
611.382(f)
611.296
611.296
N/A
N/A
N/A
N/A
N/A
3
N/A
3
as required by
USEPA
pursuant to
40 CFR
141.40
611.510
611.603,
611.611
H. Other Treatment Techniques
1. Acrylamide (TT)
2. Epichlorohydrin (TT)
2
2
II. Unregulated Contaminant Monitoring: 14
A. Unregulated contaminants N/A
B. Nickel
N/A
III.
Public Notification for Relief Equivalent to a SDWA section 1415 Variance or a section
1416 Exemption.
15
A. Operation under relief 3
1415, 1416
N/A
N/A
equivalent to a SDWA
section 1415 variance or a
section 1416 exemption
B. Violation of conditions of2
1415, 1416, 16
N/A
N/A
relief equivalent to a
611.111,
SDWA section 1415
611.112
variance or a section 1416
exemption
IV. Other Situations Requiring Public Notification.
A. Fluoride secondary
3
611.858
maximum contaminant
level (SMCL) exceedence
B. Exceedence of nitrate MCL
1
611.300(d)
for a non-CWS supplier, as
allowed by the Agency
N/A
N/A
N/A
N/A
ILLINOIS REGISTER
21752
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
C. Availability of unregulated
3
contaminant monitoring
data
D. Waterborne disease
1
outbreak
E. Other waterborne
1
emergency 17
F. Source water sample
1
positive for Groundwater
Rule fecal indicators: E.
coli, enterococci, or
coliphage
18
G. Other situations as
1, 2, 3
determined by the Agency
by a SEP issued pursuant to
Section 611.110
as required by
N/A
USEPA
pursuant to 40
CFR 141.40
611.510
611.101,
N/A
611.233(b)(2)
N/A
N/A
N/A
611.802(g)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Appendix G – Endnotes
1.
Violations and other situations not listed in this table (e.g., failure to prepare Consumer
Confidence Reports) do not require notice, unless otherwise determined by the Agency
by a SEP issued pursuant to Section 611.110. The Agency may, by a SEP issued
pursuant to Section 611.110, further require a more stringent public notice tier (e.g., Tier
1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations listed
in this Appendix, as authorized under Sections 611.902(a) and 611.903(a).
2.
Definition of the abbreviations used: "MCL" means maximum contaminant level,
"MRDL" means maximum residual disinfectant level, and "TT" means treatment
technique.
3.
The term "violations of National Primary Drinking Water Regulations (NPDWR)" is
used here to include violations of MCL, MRDL, treatment technique, monitoring, and
testing procedure requirements.
4.
Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after
any repeat sample tests positive for coliform. All other total coliform monitoring and
testing procedure violations are Tier 3 violations.
ILLINOIS REGISTER
21753
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
5.
A supplier that violates the turbidity MCL of 5 NTU based on an average of
measurements over two consecutive days must consult with the Agency within 24 hours
after learning of the violation. Based on this consultation, the Agency may subsequently
decide to issue a SEP pursuant to Section 611.110 that elevates the violation to a Tier 1
violation. If a supplier is unable to make contact with the Agency in the 24-hour period,
the violation is automatically elevated to a Tier 1 violation.
6.
A supplier with a treatment technique violation involving a single exceedence of a
maximum turbidity limit under the Surface Water Treatment Rule (SWTR), the Interim
Enhanced Surface Water Treatment Rule (IESWTR), or the Long Term 1 Enhanced
Surface Water Treatment Rule are required to consult with the Agency within 24 hours
after learning of the violation. Based on this consultation, the Agency may subsequently
decide to issue a SEP pursuant to Section 611.110 that elevates the violation to a Tier 1
violation. If a supplier is unable to make contact with the Agency in the 24-hour period,
the violation is automatically elevated to a Tier 1 violation.
7.
The Surface Water Treatment Rule (SWTR) remains in effect for a supplier that serves at
least 10,000 persons; the Interim Enhanced Surface Water Treatment Rule adds
additional requirements and does not in many cases supercede the SWTR.
8.
Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial
sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are
Tier 3.
9.
Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial
sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are
Tier 3.
10.
A Subpart B community or non-transient non-community system supplier must comply
with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements. A
Subpart B transient non-community system supplier that serves 10,000 or more persons
that uses chlorine dioxide as a disinfectant or oxidant or a Subpart B transient noncommunity system supplier that serves fewer than 10,000 persons, which uses only
groundwater not under the direct influence of surface water, and which uses chlorine
dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL.
11.
Sections 611.312(b)(1) and 611.382(a) and (b) apply until Subpart Y of this Part takes
effect under the schedule set forth in Section 611.970(c).
ILLINOIS REGISTER
21754
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
12.
Failure to monitor for chlorine dioxide at the entrance to the distribution system the day
after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.
13.
If any daily sample taken at the entrance to the distribution system exceeds the MRDL
for chlorine dioxide and one or more samples taken in the distribution system the next
day exceed the MRDL, Tier 1 notification is required. A failure to take the required
samples in the distribution system after the MRDL is exceeded at the entry point also
triggers Tier 1 notification.
14.
Some water suppliers must monitor for certain unregulated contaminants as required by
USEPA pursuant to 40 CFR 141.40listed in Section 611.510.
15.
This citation refers to sections 1415 and 1416 of the federal Safe Drinking Water Act.
sections 1415 and 1416 require that "a schedule prescribed...for a public water system
granted relief equivalent to a SDWA section 1415 variance or a section 1416 exemption
must require compliance by the system...."
16.
In addition to sections 1415 and 1416 of the federal Safe Drinking Water Act, 40 CFR
142.307 specifies the items and schedule milestones that must be included in relief
equivalent to a SDWA section 1415 small system variance. In granting any form of relief
from an NPDWR, the Board will consider all applicable federal requirements for and
limitations on the State's ability to grant relief consistent with federal law.
17.
Other waterborne emergencies require a Tier 1 public notice under Section 611.902(a) for
situations that do not meet the definition of a waterborne disease outbreak given in
Section 611.101, but which still have the potential to have serious adverse effects on
health as a result of short-term exposure. These could include outbreaks not related to
treatment deficiencies, as well as situations that have the potential to cause outbreaks,
such as failures or significant interruption in water treatment processes, natural disasters
that disrupt the water supply or distribution system, chemical spills, or unexpected
loading of possible pathogens into the source water.
18.
The Agency may place any other situation in any tier it deems appropriate in writing,
based on the prospective threat which it determines that the situation poses to public
health, and subject to Board review pursuant to Section 40 of the Act [415 ILCS 5/40].
ILLINOIS REGISTER
21755
14
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
19.
A failure to collect three or more samples for Cryptosporidium analysis is a Tier 2
violation requiring special notice, as specified in Section 611.911. All other monitoring
and testing procedure violations are Tier 3.
BOARD NOTE: Derived from Appendix A to Subpart Q to 40 CFR 141 (2014)(2013).
(Source: Amended at 39 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER
21756
14
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF PROPOSED AMENDMENT
1)
Heading of the Part: Control of Communicable Diseases Code
2)
Code Citation: 77 Ill. Adm. Code 690
3)
Section Number:
690.10
4)
Statutory Authority: Implementing the Communicable Disease Report Act [745 ILCS
45] and implementing and authorized by the Department of Public Health Act [20 ILCS
2305]
5)
A Complete Description of the Subjects and Issues Involved: The proposed amendments
will update and add to the definitions in the rules. The proposed amendments are
necessary to aid the Department in the restriction of travel of persons infected with or
potentially exposed to infectious or communicable diseases in an effort to stop the spread
of disease. The definition of “observation” will be amended to remove language related
to travel. Definitions for "monitoring", "quarantine, modified" and "public
transportation" will also be added.
Proposed Action:
Amendment
The economic effect on this proposed rulemaking is unknown. Therefore, the
Department requests any information that would assist in calculating this effect.
The Department anticipates adoption of this rulemaking approximately six to nine
months after publication of the Notice in the Illinois Register.
6)
Published studies or reports, and sources of underlying data used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rule currently in effect? Yes
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? No
10)
Are there any other proposed rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objectives: This rulemaking does not create or expand a
State Mandate.
ILLINOIS REGISTER
21757
14
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF PROPOSED AMENDMENT
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking:
Susan Meister
Division of Legal Services
Illinois Department of Public Health
535 W. Jefferson St., 5th floor
Springfield IL 62761
217/782-2043
e-mail: [email protected]
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not for profit corporations
affected: None
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: This rule was not
included on either of the two most recent Regulatory Agendas because the need for the
rulemaking was not apparent when the Regulatory Agendas were prepared.
The full text of the Proposed Amendment is identical to that of the text of the Emergency
Amendment for this Part and begins in this issue of the Illinois Register on page 21954.
ILLINOIS REGISTER
21758
14
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
1)
Heading of the Part: Income Tax
2)
Code Citation: 86 Ill. Adm. Code 100
3)
Section Number:
100.3450
4)
Statutory Authority: 35 ILCS 5/304(d)
5)
A Complete Description of the Subjects and Issues Involved: This rulemaking provides
guidance for transportation companies on the application of the formula they are required
to use in apportioning their business income to Illinois.
6)
Published studies or reports and sources of underlying data used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rule currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? No
10)
Are there any other proposed rulemakings pending on this Part? Yes
Section Number:
100.7310
100.2197
100.2470
Proposed Action:
New Section
Proposed Action:
Amendment
Amendment
Amendment
Illinois Register Citation:
38 Ill. Reg. 18131, August 29, 2014
38 Ill. Reg. 19128, September 26, 2014
38 Ill. Reg. 21295, November 14, 2014
11)
Statement of Statewide Policy Objective: This rulemaking does not create a State
mandate, nor does it modify any existing State mandates.
12)
Time, Place and Manner in which interested persons may comment on this rulemaking:
Persons who wish to submit comments on this rulemaking may submit them in writing by
no later than 45 days after publication of this Notice to:
Paul Caselton
Deputy General Counsel - Income Tax
Illinois Department of Revenue
ILLINOIS REGISTER
21759
14
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
Legal Services Office
101 West Jefferson
Springfield, Illinois 62796
217/524-3951
13)
14)
Initial Regulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not-for-profit corporations
affected: This rulemaking applies to all transportation companies operating
within and without the State.
B)
Reporting, bookkeeping or other procedures required for compliance: None
C)
Types of professional skills necessary for compliance: None
Regulatory Agenda on which this rulemaking was summarized: July 2014
The full text of the Proposed Amendment begins on the next page:
ILLINOIS REGISTER
21760
14
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 100
INCOME TAX
SUBPART A: TAX IMPOSED
Section
100.2000
100.2050
100.2060
Introduction
Net Income (IITA Section 202)
Compassionate Use of Medical Cannabis Pilot Program Act Surcharge (IITA
Section 201(o))
SUBPART B: CREDITS
Section
100.2100
100.2101
100.2110
100.2120
100.2130
100.2140
100.2150
100.2160
100.2163
100.2165
100.2170
100.2171
100.2180
100.2185
100.2190
100.2193
100.2195
100.2196
100.2197
Replacement Tax Investment Credit Prior to January 1, 1994 (IITA
201(e))
Replacement Tax Investment Credit (IITA 201(e))
Investment Credit; Enterprise Zone and River Edge Redevelopment Zone (IITA
Section 201(f))
Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone or Sub-Zone and River
Edge Redevelopment Zone (IITA Section 201(g))
Investment Credit; High Impact Business (IITA 201(h))
Credit Against Income Tax for Replacement Tax (IITA 201(i))
Training Expense Credit (IITA 201(j))
Research and Development Credit (IITA Section 201(k))
Environmental Remediation Credit (IITA 201(l))
Education Expense Credit (IITA 201(m))
Tax Credits for Coal Research and Coal Utilization Equipment (IITA 206)
Angel Investment Credit (IITA 220)
Credit for Residential Real Property Taxes (IITA 208)
Film Production Services Credit (IITA Section 213)
Tax Credit for Affordable Housing Donations (IITA Section 214)
Student-Assistance Contributions Credit (IITA 218)
Dependent Care Assistance Program Tax Credit (IITA 210)
Employee Child Care Assistance Program Tax Credit (IITA Section 210.5)
Foreign Tax Credit (IITA Section 601(b)(3))
ILLINOIS REGISTER
21761
14
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.2198
100.2199
Economic Development for a Growing Economy Credit (IITA 211)
Illinois Earned Income Tax Credit (IITA Section 212)
SUBPART C: NET OPERATING LOSSES OF UNITARY BUSINESS GROUPS
OCCURRING PRIOR TO DECEMBER 31, 1986
Section
100.2200
100.2210
100.2220
100.2230
100.2240
100.2250
Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group. (IITA Section
202) − Scope
Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group (IITA Section
202) − Definitions
Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group. (IITA Section
202) − Current Net Operating Losses: Offsets Between Members
Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group. (IITA Section
202) − Carrybacks and Carryforwards
Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group: (IITA Section
202) − Effect of Combined Net Operating Loss in Computing Illinois Base
Income
Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business
Groups: Treatment by Members of the Unitary Business Group: (IITA Section
202) − Deadline for Filing Claims Based on Net Operating Losses Carried Back
From a Combined Apportionment Year
SUBPART D: ILLINOIS NET LOSS DEDUCTIONS FOR LOSSES
OCCURRING ON OR AFTER DECEMBER 31, 1986
Section
100.2300
100.2310
100.2320
100.2330
Illinois Net Loss Deduction for Losses Occurring On or After December 31, 1986
(IITA 207)
Computation of the Illinois Net Loss Deduction for Losses Occurring On or After
December 31, 1986 (IITA 207)
Determination of the Amount of Illinois Net Loss for Losses Occurring On or
After December 31, 1986
Illinois Net Loss Carrybacks and Net Loss Carryovers for Losses Occurring On or
ILLINOIS REGISTER
21762
14
DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.2340
100.2350
After December 31, 1986
Illinois Net Losses and Illinois Net Loss Deductions for Losses Occurring On or
After December 31, 1986, of Corporations that are Members of a Unitary
Business Group: Separate Unitary Versus Combined Unitary Returns
Illinois Net Losses and Illinois Net Loss Deductions, for Losses Occurring On or
After December 31, 1986, of Corporations that are Members of a Unitary
Business Group: Changes in Membership
SUBPART E: ADDITIONS TO AND SUBTRACTIONS FROM TAXABLE INCOME OF
INDIVIDUALS, CORPORATIONS, TRUSTS AND ESTATES AND PARTNERSHIPS
Section
100.2405
100.2410
100.2430
100.2435
100.2450
100.2455
100.2470
100.2480
100.2490
Gross Income, Adjusted Gross Income, Taxable Income and Base Income
Defined; Double Deductions Prohibited; Legislative Intention (IITA Section
203(e), (g) and (h))
Net Operating Loss Carryovers for Individuals, and Capital Loss and Other
Carryovers for All Taxpayers (IITA Section 203)
Addition and Subtraction Modifications for Transactions with 80-20 and
Noncombination Rule Companies
Addition Modification for Student-Assistance Contribution Credit (IITA Sections
203(a)(2)(D-23), (b)(2)(E-16), (c)(2)(G-15), (d)(2)(D-10))
IIT Refunds (IITA Section 203(a)(2)(H), (b)(2)(F), (c)(2)(J) and (d)(2)(F))
Subtraction Modification: Federally Disallowed Deductions (IITA Sections
203(a)(2)(M), 203(b)(2)(I), 203(c)(2)(L) and 203(d)(2)(J))
Subtraction of Amounts Exempt from Taxation by Virtue of Illinois Law, the
Illinois or U.S. Constitutions, or by Reason of U.S. Treaties or Statutes (IITA
Sections 203(a)(2)(N), 203(b)(2)(J), 203(c)(2)(K) and 203(d)(2)(G))
Enterprise Zone and River Edge Redevelopment Zone Dividend Subtraction
(IITA Sections 203(a)(2)(J), 203(b)(2)(K), 203(c)(2)(M) and 203(d)(2)(K))
Foreign Trade Zone/High Impact Business Dividend Subtraction (IITA Sections
203(a)(2)(K), 203(b)(2)(L), 203(c)(2)(O), 203(d)(2)(M))
SUBPART F: BASE INCOME OF INDIVIDUALS
Section
100.2510
100.2580
Subtraction for Contributions to Illinois Qualified Tuition Programs (Section 529
Plans) (IITA Section 203(a)(2)(Y)
Medical Care Savings Accounts (IITA Sections 203(a)(2)(D-5), 203(a)(2)(S) and
203(a)(2)(T))
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.2590
Taxation of Certain Employees of Railroads, Motor Carriers, Air Carriers and
Water Carriers
SUBPART H: BASE INCOME OF TRUSTS AND ESTATES
Section
100.2655
100.2657
100.2680
Subtraction Modification for Enterprise Zone and River Edge Redevelopment
Zone Interest (IITA Section 203(b)(2)(M))
Subtraction Modification for High Impact Business Interest (IITA Section
203(b)(2)(M-1))
Capital Gain Income of Estates and Trusts Paid to or Permanently Set Aside for
Charity (Repealed)
SUBPART J: GENERAL RULES OF ALLOCATION AND
APPORTIONMENT OF BASE INCOME
Section
100.3000
100.3010
100.3015
100.3020
Terms Used in Article 3 (IITA Section 301)
Business and Nonbusiness Income (IITA Section 301)
Business Income Election (IITA Section 1501)
Resident (IITA Section 301)
SUBPART K: COMPENSATION
Section
100.3100
100.3110
100.3120
Compensation (IITA Section 302)
State (IITA Section 302)
Allocation of Compensation Paid to Nonresidents (IITA Section 302)
SUBPART L: NON-BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS
Section
100.3200
100.3210
100.3220
Taxability in Other State (IITA Section 303)
Commercial Domicile (IITA Section 303)
Allocation of Certain Items of Nonbusiness Income by Persons Other Than
Residents (IITA Section 303)
SUBPART M: BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
Section
100.3300
100.3310
100.3320
100.3330
100.3340
100.3350
100.3360
100.3370
100.3371
100.3373
100.3380
100.3390
100.3400
100.3405
100.3420
100.3450
100.3500
Allocation and Apportionment of Base Income (IITA Section 304)
Business Income of Persons Other Than Residents (IITA Section 304) − In
General
Business Income of Persons Other Than Residents (IITA Section 304) −
Apportionment (Repealed)
Business Income of Persons Other Than Residents (IITA Section 304) −
Allocation
Business Income of Persons Other Than Residents (IITA Section 304)
Property Factor (IITA Section 304)
Payroll Factor (IITA Section 304)
Sales Factor (IITA Section 304)
Sales Factor for Telecommunications Services
Sales Factor for Publishing
Special Rules (IITA Section 304)
Petitions for Alternative Allocation or Apportionment (IITA Section 304(f))
Apportionment of Business Income of Financial Organizations for Taxable Years
Ending Prior to December 31, 2008 (IITA Section 304(c))
Apportionment of Business Income of Financial Organizations for Taxable Years
Ending on or after December 31, 2008 (IITA Section 304(c))
Apportionment of Business Income of Insurance Companies (IITA Section
304(b))
Apportionment of Business Income of Transportation Companies (IITA Section
304(d))
Allocation and Apportionment of Base Income by Nonresident Partners
SUBPART N: ACCOUNTING
Section
100.4500
Carryovers of Tax Attributes (IITA Section 405)
SUBPART O: TIME AND PLACE FOR FILING RETURNS
Section
100.5000
100.5010
100.5020
100.5030
Time for Filing Returns (IITA Section 505)
Place for Filing Returns: All Taxpayers (IITA Section 505)
Extensions of Time for Filing Returns: All Taxpayers (IITA Section 505)
Taxpayer's Notification to the Department of Certain Federal Changes Arising in
Federal Consolidated Return Years, and Arising in Certain Loss Carryback Years
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.5040
100.5050
100.5060
100.5070
100.5080
(IITA Section 506)
Innocent Spouses
Frivolous Returns
Reportable Transactions
List of Investors in Potentially Abusive Tax Shelters and Reportable Transactions
Registration of Tax Shelters (IITA Section 1405.5)
SUBPART P: COMPOSITE RETURNS
Section
100.5100
100.5110
100.5120
100.5130
100.5140
100.5150
100.5160
100.5170
100.5180
Composite Returns:
Composite Returns:
Composite Returns:
Composite Returns:
Composite Returns:
Composite Returns:
Composite Returns:
Composite Returns:
Composite Returns:
Eligibility
Responsibilities of Authorized Agent
Individual Liability
Required forms and computation of Income
Estimated Payments
Tax, Penalties and Interest
Credits on Separate Returns
Definition of a "Lloyd's Plan of Operation"
Overpayments and Underpayments
SUBPART Q: COMBINED RETURNS
Section
100.5200
100.5201
100.5205
100.5210
100.5215
100.5220
100.5230
100.5240
100.5250
100.5260
100.5265
100.5270
100.5280
Filing of Combined Returns
Definitions and Miscellaneous Provisions Relating to Combined Returns
Election to File a Combined Return
Procedures for Elective and Mandatory Filing of Combined Returns
Filing of Separate Unitary Returns
Designated Agent for the Members
Combined Estimated Tax Payments
Claims for Credit of Overpayments
Liability for Combined Tax, Penalty and Interest
Combined Amended Returns
Common Taxable Year
Computation of Combined Net Income and Tax
Combined Return Issues Related to Audits
SUBPART R: PAYMENTS
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.6000
Payment on Due Date of Return (IITA Section 601)
SUBPART S: REQUIREMENT AND AMOUNT OF WITHHOLDING
Section
100.7000
100.7010
100.7020
100.7030
100.7035
100.7040
100.7050
100.7060
100.7070
100.7080
100.7090
100.7095
Requirement of Withholding (IITA Section 701)
Compensation Paid in this State (IITA Section 701)
Transacting Business Within this State (IITA Section 701)
Payments to Residents (IITA Section 701)
Nonresident Partners, Subchapter S Corporation Shareholders, and Trust
Beneficiaries (IITA Section 709.5)
Employer Registration (IITA Section 701)
Computation of Amount Withheld (IITA Section 702)
Additional Withholding (IITA Section 701)
Voluntary Withholding (IITA Section 701)
Correction of Underwithholding or Overwithholding (IITA Section 701)
Reciprocal Agreement (IITA Section 701)
Cross References
SUBPART T: AMOUNT EXEMPT FROM WITHHOLDING
Section
100.7100
100.7110
100.7120
Withholding Exemption (IITA Section 702)
Withholding Exemption Certificate (IITA Section 702)
Exempt Withholding Under Reciprocal Agreements (IITA Section 702)
SUBPART U: INFORMATION STATEMENT
Section
100.7200
Reports for Employee (IITA Section 703)
SUBPART V: EMPLOYER'S RETURN AND PAYMENT OF TAX WITHHELD
Section
100.7300
100.7310
100.7320
Returns and Payments of Income Tax Withheld from Wages (IITA Sections 704
and 704A)
Returns Filed and Payments Made on Annual Basis (IITA Section 704)
Time for Filing Returns and Making Payments for Taxes Required to Be
Withheld Prior to January 1, 2008 (IITA Section 704)
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.7325
100.7330
100.7340
100.7350
100.7360
100.7370
100.7380
Time for Filing Returns and Making Payments for Taxes Required to Be
Withheld On or After January 1, 2008 (IITA Section 704A)
Payment of Tax Required to be Shown Due on a Return (IITA Sections 704 and
704A)
Correction of Underwithholding or Overwithholding (IITA Section 704)
Domestic Service Employment (IITA Sections 704 and 704A)
Definitions and Special Provisions Relating to Reporting and Payment of Income
Tax Withheld (IITA Sections 704 and 704A)
Penalty and Interest Provisions Relating to Reporting and Payment of Income Tax
Withheld (IITA Sections 704 and 704A)
Economic Development for a Growing Economy (EDGE) and Small Business Job
Creation Credit (IITA Section 704A(g) and (h))
SUBPART W: ESTIMATED TAX PAYMENTS
Section
100.8000
100.8010
Payment of Estimated Tax (IITA Section 803)
Failure to Pay Estimated Tax (IITA Sections 804 and 806)
SUBPART X: COLLECTION AUTHORITY
Section
100.9000
100.9010
100.9020
General Income Tax Procedures (IITA Section 901)
Collection Authority (IITA Section 901)
Child Support Collection (IITA Section 901)
SUBPART Y: NOTICE AND DEMAND
Section
100.9100
Notice and Demand (IITA Section 902)
SUBPART Z: ASSESSMENT
Section
100.9200
100.9210
Assessment (IITA Section 903)
Waiver of Restrictions on Assessment (IITA Section 907)
SUBPART AA: DEFICIENCIES AND OVERPAYMENTS
Section
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.9300
100.9310
100.9320
100.9330
Deficiencies and Overpayments (IITA Section 904)
Application of Tax Payments Within Unitary Business Groups (IITA Section 603)
Limitations on Notices of Deficiency (IITA Section 905)
Further Notices of Deficiency Restricted (IITA Section 906)
SUBPART BB: CREDITS AND REFUNDS
Section
100.9400
100.9410
100.9420
Credits and Refunds (IITA Section 909)
Limitations on Claims for Refund (IITA Section 911)
Recovery of Erroneous Refund (IITA Section 912)
SUBPART CC: INVESTIGATIONS AND HEARINGS
Section
100.9500
100.9505
100.9510
100.9520
100.9530
Access to Books and Records (IITA Section 913)
Access to Books and Records − 60-Day Letters (IITA Section 913) (Repealed)
Taxpayer Representation and Practice Requirements
Conduct of Investigations and Hearings (IITA Section 914)
Books and Records
SUBPART DD: JUDICIAL REVIEW
Section
100.9600
Administrative Review Law (IITA Section 1201)
SUBPART EE: DEFINITIONS
Section
100.9700
100.9710
100.9720
100.9730
100.9750
Unitary Business Group Defined (IITA Section 1501)
Financial Organizations (IITA Section 1501)
Nexus
Investment Partnerships (IITA Section 1501(a)(11.5))
Corporation, Subchapter S Corporation, Partnership and Trust Defined (IITA
Section 1501)
SUBPART FF: LETTER RULING PROCEDURES
Section
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
100.9800
Letter Ruling Procedures
SUBPART GG: MISCELLANEOUS
Section
100.9900
Tax Shelter Voluntary Compliance Program
100.APPENDIX A Business Income Of Persons Other Than Residents
100.TABLE A Example of Unitary Business Apportionment
100.TABLE B Example of Unitary Business Apportionment for Groups Which
Include Members Using Three-Factor and Single-Factor Formulas
AUTHORITY: Implementing the Illinois Income Tax Act [35 ILCS 5] and authorized by
Section 1401 of the Illinois Income Tax Act [35 ILCS 5/1401].
SOURCE: Filed July 14, 1971, effective July 24, 1971; amended at 2 Ill. Reg. 49, p. 84,
effective November 29, 1978; amended at 5 Ill. Reg. 813, effective January 7, 1981; amended at
5 Ill. Reg. 4617, effective April 14, 1981; amended at 5 Ill. Reg. 4624, effective April 14, 1981;
amended at 5 Ill. Reg. 5537, effective May 7, 1981; amended at 5 Ill. Reg. 5705, effective May
20, 1981; amended at 5 Ill. Reg. 5883, effective May 20, 1981; amended at 5 Ill. Reg. 6843,
effective June 16, 1981; amended at 5 Ill. Reg. 13244, effective November 13, 1981; amended at
5 Ill. Reg. 13724, effective November 30, 1981; amended at 6 Ill. Reg. 579, effective December
29, 1981; amended at 6 Ill. Reg. 9701, effective July 26, 1982; amended at 7 Ill. Reg. 399,
effective December 28, 1982; amended at 8 Ill. Reg. 6184, effective April 24, 1984; codified at 8
Ill. Reg. 19574; amended at 9 Ill. Reg. 16986, effective October 21, 1985; amended at 9 Ill. Reg.
685, effective December 31, 1985; amended at 10 Ill. Reg. 7913, effective April 28, 1986;
amended at 10 Ill. Reg. 19512, effective November 3, 1986; amended at 10 Ill. Reg. 21941,
effective December 15, 1986; amended at 11 Ill. Reg. 831, effective December 24, 1986;
amended at 11 Ill. Reg. 2450, effective January 20, 1987; amended at 11 Ill. Reg. 12410,
effective July 8, 1987; amended at 11 Ill. Reg. 17782, effective October 16, 1987; amended at 12
Ill. Reg. 4865, effective February 25, 1988; amended at 12 Ill. Reg. 6748, effective March 25,
1988; amended at 12 Ill. Reg. 11766, effective July 1, 1988; amended at 12 Ill. Reg. 14307,
effective August 29, 1988; amended at 13 Ill. Reg. 8917, effective May 30, 1989; amended at 13
Ill. Reg. 10952, effective June 26, 1989; amended at 14 Ill. Reg. 4558, effective March 8, 1990;
amended at 14 Ill. Reg. 6810, effective April 19, 1990; amended at 14 Ill. Reg. 10082, effective
June 7, 1990; amended at 14 Ill. Reg. 16012, effective September 17, 1990; emergency
amendment at 17 Ill. Reg. 473, effective December 22, 1992, for a maximum of 150 days;
amended at 17 Ill. Reg. 8869, effective June 2, 1993; amended at 17 Ill. Reg. 13776, effective
August 9, 1993; recodified at 17 Ill. Reg. 14189; amended at 17 Ill. Reg. 19632, effective
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
November 1, 1993; amended at 17 Ill. Reg. 19966, effective November 9, 1993; amended at 18
Ill. Reg. 1510, effective January 13, 1994; amended at 18 Ill. Reg. 2494, effective January 28,
1994; amended at 18 Ill. Reg. 7768, effective May 4, 1994; amended at 19 Ill. Reg. 1839,
effective February 6, 1995; amended at 19 Ill. Reg. 5824, effective March 31, 1995; emergency
amendment at 20 Ill. Reg. 1616, effective January 9, 1996, for a maximum of 150 days; amended
at 20 Ill. Reg. 6981, effective May 7, 1996; amended at 20 Ill. Reg. 10706, effective July 29,
1996; amended at 20 Ill. Reg. 13365, effective September 27, 1996; amended at 20 Ill. Reg.
14617, effective October 29, 1996; amended at 21 Ill. Reg. 958, effective January 6, 1997;
emergency amendment at 21 Ill. Reg. 2969, effective February 24, 1997, for a maximum of 150
days; emergency expired July 24, 1997; amended at 22 Ill. Reg. 2234, effective January 9, 1998;
amended at 22 Ill. Reg. 19033, effective October 1, 1998; amended at 22 Ill. Reg. 21623,
effective December 15, 1998; amended at 23 Ill. Reg. 3808, effective March 11, 1999; amended
at 24 Ill. Reg. 10593, effective July 7, 2000; amended at 24 Ill. Reg. 12068, effective July 26,
2000; emergency amendment at 24 Ill. Reg. 17585, effective November 17, 2000, for a
maximum of 150 days; amended at 24 Ill. Reg. 18731, effective December 11, 2000; amended at
25 Ill. Reg. 4640, effective March 15, 2001; amended at 25 Ill. Reg. 4929, effective March 23,
2001; amended at 25 Ill. Reg. 5374, effective April 2, 2001; amended at 25 Ill. Reg. 6687,
effective May 9, 2001; amended at 25 Ill. Reg. 7250, effective May 25, 2001; amended at 25 Ill.
Reg. 8333, effective June 22, 2001; amended at 26 Ill. Reg. 192, effective December 20, 2001;
amended at 26 Ill. Reg. 1274, effective January 15, 2002; amended at 26 Ill. Reg. 9854, effective
June 20, 2002; amended at 26 Ill. Reg. 13237, effective August 23, 2002; amended at 26 Ill. Reg.
15304, effective October 9, 2002; amended at 26 Ill. Reg. 17250, effective November 18, 2002;
amended at 27 Ill. Reg. 13536, effective July 28, 2003; amended at 27 Ill. Reg. 18225, effective
November 17, 2003; emergency amendment at 27 Ill. Reg. 18464, effective November 20, 2003,
for a maximum of 150 days; emergency expired April 17, 2004; amended at 28 Ill. Reg. 1378,
effective January 12, 2004; amended at 28 Ill. Reg. 5694, effective March 17, 2004; amended at
28 Ill. Reg. 7125, effective April 29, 2004; amended at 28 Ill. Reg. 8881, effective June 11,
2004; emergency amendment at 28 Ill. Reg. 14271, effective October 18, 2004, for a maximum
of 150 days; amended at 28 Ill. Reg. 14868, effective October 26, 2004; emergency amendment
at 28 Ill. Reg. 15858, effective November 29, 2004, for a maximum of 150 days; amended at 29
Ill. Reg. 2420, effective January 28, 2005; amended at 29 Ill. Reg. 6986, effective April 26,
2005; amended at 29 Ill. Reg. 13211, effective August 15, 2005; amended at 29 Ill. Reg. 20516,
effective December 2, 2005; amended at 30 Ill. Reg. 6389, effective March 30, 2006; amended at
30 Ill. Reg. 10473, effective May 23, 2006; amended by 30 Ill. Reg. 13890, effective August 1,
2006; amended at 30 Ill. Reg. 18739, effective November 20, 2006; amended at 31 Ill. Reg.
16240, effective November 26, 2007; amended at 32 Ill. Reg. 872, effective January 7, 2008;
amended at 32 Ill. Reg. 1407, effective January 17, 2008; amended at 32 Ill. Reg. 3400, effective
February 25, 2008; amended at 32 Ill. Reg. 6055, effective March 25, 2008; amended at 32 Ill.
Reg. 10170, effective June 30, 2008; amended at 32 Ill. Reg. 13223, effective July 24, 2008;
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
amended at 32 Ill. Reg. 17492, effective October 24, 2008; amended at 33 Ill. Reg. 1195,
effective December 31, 2008; amended at 33 Ill. Reg. 2306, effective January 23, 2009; amended
at 33 Ill. Reg. 14168, effective September 28, 2009; amended at 33 Ill. Reg. 15044, effective
October 26, 2009; amended at 34 Ill. Reg. 550, effective December 22, 2009; amended at 34 Ill.
Reg. 3886, effective March 12, 2010; amended at 34 Ill. Reg. 12891, effective August 19, 2010;
amended at 35 Ill. Reg. 4223, effective February 25, 2011; amended at 35 Ill. Reg. 15092,
effective August 24, 2011; amended at 36 Ill. Reg. 2363, effective January 25, 2012; amended at
36 Ill. Reg. 9247, effective June 5, 2012; amended at 37 Ill. Reg. 5823, effective April 19, 2013;
amended at 37 Ill. Reg. 20751, effective December 13, 2013; recodified at 38 Ill. Reg. 4527;
amended at 38 Ill. Reg. 9550, effective April 21, 2014; amended at 38 Ill. Reg. 13941, effective
June 19, 2014; amended at 38 Ill. Reg. 15994, effective July 9, 2014; amended at 38 Ill. Reg.
17043, effective July 23, 2014; amended at 38 Ill. Reg. 18568, effective August 20, 2014;
amended at 39 Ill. Reg. ______, effective ____________.
SUBPART M: BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS
Section 100.3450 Apportionment of Business Income of Transportation Companies (IITA
Section 304(d))
a)
In General
1)
For taxable years ending prior to December 31, 2008, business income of
a transportation company shall be apportioned to this State by multiplying
that income by a fraction, the numerator of which is the revenue miles of
the person in this State, and the denominator of which is the revenue miles
of the person everywhere. (IITA Section 304(d)(1))
2)
For taxable years ending on or after December 31, 2008:
A)
Business income derived from providing transportation services
other than airline services shall be apportioned to this State by
using a fraction:
i)
the numerator of which shall be:
•
all receipts from any movement or shipment of people,
goods, mail, oil, gas, or any other substance (other
than by airline) that both originates and terminates in
this State, plus
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
•
ii)
B)
b)
that portion of the person's gross receipts from
movements or shipments of people, goods, mail, oil,
gas, or any other substance (other than by airline) that
originates in one state or jurisdiction and terminates
in another state or jurisdiction, that is determined by
the ratio that the miles traveled in this State bears to
total miles everywhere; and
the denominator of which shall be all revenue derived from
the movement or shipment of people, goods, mail, oil, gas,
or any other substance (other than by airline) (IITA
Section 304(d)(3)); and
Business income derived from furnishing airline transportation
services shall be apportioned to this State by multiplying that
income by a fraction, the numerator of which is the revenue miles
of the person in this State, and the denominator of which is the
revenue miles of the person everywhere. For purposes of this
subsection (a), a revenue mile is the transportation of one
passenger or one net ton of freight the distance of one mile for a
consideration. (IITA Section 304(d)(4))
Definitions
1)
Miles Transported or Traveled. For purposes of determining the distance
transported or traveled relative to the movement or shipment of people,
goods, oil, gas or any other substance:
A)
In the case of transportation by land, unless the taxpayer maintains
specific records of miles or routes actually traveled by a vehicle in
a particular trip, the miles transported or traveled is the standard
distance in miles between the points of pickup and delivery.
Distances may be rounded to the nearest mile.
B)
In the case of transportation by water, unless the taxpayer
maintains specific records of miles or routes actually traveled by a
vessel in a particular trip, the miles transported or traveled is the
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
standard distance in miles between the points of pickup and
delivery. Distances may be rounded to the nearest mile.
2)
3)
C)
In the case of transportation by pipeline, distances may be rounded
to the nearest mile.
D)
In the case of transportation by air, the miles transported in a flight
is the air distance in miles on the most common route between the
airports. Distances may be rounded to the nearest mile or tens of
miles.
Revenue Mile. A "revenue mile" is:
A)
the transportation of one net ton of freight the distance of one mile
for consideration;
B)
the transportation of one passenger the distance of one mile for
consideration;
C)
the transportation by pipeline of one barrel of oil the distance of
one mile for consideration;
D)
the transportation by pipeline of 1,000 cubic feet of gas the
distance of one mile for consideration; or
E)
the transportation by pipeline of any specified quantity of a
substance other than oil or gas the distance of one mile for
consideration. (IITA Section 304(d)(1) and (4))
In this State. A revenue mile or a mile traveled is "in this State" whenever
the transportation occurs within the geographic boundaries of the State of
Illinois.
A)
In the case of interstate transportation by land, the revenue miles or
miles traveled in this State are the miles determined under
subsection (b)(1)(A) between the point or points where the route
used in determining those miles intersect the Illinois border and the
point, if any, in Illinois where the route begins or ends.
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
4)
c)
B)
In the absence of evidence to the contrary, the number of miles of
transportation within this State by a vessel operating on water that
is not wholly within or without this State shall be 50% of the total
number of transportation miles on that water.
C)
In the case of interstate transportation by airline, the revenue miles
in this State are the miles determined under subsection (b)(1)(D)
between the point where the route used in determining those miles
intersects the Illinois border and the airport in Illinois where the
flight begins or terminates. Revenue miles in a flight that neither
begins nor terminates in Illinois ("flyover miles") may not be
included in the numerator. (Northwest Airlines, Inc. v.
Department of Revenue, 295 Ill. App. 3d 889, 692 N.E.2d 1264
(1998), appeal denied, 179 Ill. 2d 589, 705 N.E. 2d 440.)
Gross Receipts from Furnishing Transportation Services by Airline and by
Other Means. For taxable years ending on or after December 31, 2008, in
a transaction in which the taxpayer transports a passenger or freight both
by airline and by any other mode of transportation, the gross receipts from
furnishing airline transportation services in the transaction shall equal the
total gross receipts from the transaction times a fraction equal to the miles
traveled by airline in the transaction divided by the total miles traveled in
the transaction and the gross receipts from furnishing transportation
services (other than by airline) shall equal the remaining gross receipts
from the transaction; provided that:
A)
the taxpayer may use any other reasonable method supported by its
books and records for allocating gross receipts from the transaction
between airline transportation and the other modes of
transportation; and
B)
if the miles traveled by airline equal more than 95% of the total
miles traveled, the entire transaction is deemed to be transportation
by airline.
Computation of Apportionment Factor of a Transportation Company, other than
for Furnishing Transportation Services by Airline, for Taxable Years Ending on
or after December 31, 2008. For each taxable year ending on or after December
31, 2008, the business income of a transportation company shall be apportioned to
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
Illinois by multiplying the company's business income by an apportionment factor
equal to:
1)
2)
the sum of:
A)
the gross receipts from the provision of transportation services
(other than transportation by airline) when the transportation
service both originates and terminates in Illinois; and
B)
the gross receipts from the provision of transportation services
(other than transportation by airline) when the transportation
service originates in one state or jurisdiction and terminates in a
different state or jurisdiction, multiplied by the quotient of:
i)
the miles traveled in this State in providing transportation
services that originated in one state or jurisdiction and
terminated in a different state or jurisdiction, divided by
ii)
the total miles traveled in providing transportation services
that originated in one state or jurisdiction and terminated in
a different state or jurisdiction;
divided by the taxpayer's total gross receipts from the provision of
transportation services (other than transportation by airline). (IITA
Section 304(d)(3))
EXAMPLE A: During its taxable year ending December 31, 2008,
Transportation Company made the following trips transporting goods on
behalf of its customers:
Trip:
Iowa to Minnesota
Iowa to Wisconsin
Iowa to Illinois
Iowa to Indiana
Iowa Intrastate
Illinois Intrastate
Miles Traveled
Outside
Within
Illinois
Illinois
Total
600
400
50
50
220
0
0
0
140
300
0
200
600
400
190
350
220
200
Gross
Receipts
$700
300
400
600
320
400
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NOTICE OF PROPOSED AMENDMENT
TOTALS
Less IA Intrastate
Less IL Intrastate
Interstate Totals
1,320
640
1,960
$2,720
(220)
0
1,100
0
(200)
440
(220)
(200)
1,540
($320)
($400)
$2,000
Based on the foregoing, Transportation Company's apportionment factor is
35.6985%, computed as follows:
ILLINOIS NUMERATOR
Trip:
Totals
Less Iowa Intrastate
Less Illinois Intrastate
Interstate
Miles Traveled
Outside
Within
Illinois
Illinois
Total
1,320
(220)
0
1,100
Illinois Intrastate Receipts
Illinois Interstate Miles
Everywhere Interstate Miles
Fraction IL/Everywhere Miles
Interstate Receipts
Illinois Share of Interstate
Receipts
Numerator
640
0
(200)
440
1,960
(220)
(200)
1,540
Gross
Receipts
$2,720
(320)
(400)
$2,000
$400
440
1,540
28.5714%
$2,000
$571
$971
DENOMINATOR
Total Receipts
$2,720
FACTOR
Numerator/Denominator
35.6985%
The numerator is:
$400 in gross receipts from the trip that both originated and terminated in
Illinois, plus
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF PROPOSED AMENDMENT
$571 Illinois portion of gross receipts from interstate trips. The $571
Illinois portion of gross receipts from interstate trips is computed by
multiplying the $2,000 in total gross receipts from those trips by a fraction
equal to the 440 miles traveled in Illinois in those trips divided by the
1,540 in total miles traveled during those trips. The 35.6985% factor is
the $971 numerator divided by the $2,720 in gross receipts for all trips.
d)
Transportation Companies Providing Transportation Services that use Different
Measures for Apportioning Income. For all taxable years, in cases in which a
transportation company transports both passengers and freight or transports by
pipeline and by other means, and in taxable years ending on or after December 31,
2008, in cases in which a transportation company provides transportation services
by airline and by any other means, the company's apportionment fraction shall be
determined by computing a separate apportionment fraction under subsection
(a)(1), (a)(2)(A) or (a)(2)(B), whichever is applicable, for its air and surface
transportation services, and for its passenger and freight transportation services
within each type, and combining those separate fractions, weighted by:
1)
in the case of transportation by railroad, the transportation company's
operating income from transportation of passengers and from
transportation of freight, as reported to the Interstate Commerce
Commission or the Surface Transportation Board; and
2)
in all other cases, by the gross receipts derived from the transportation
services related to each separate fraction. (IITA Section 304(d)(1)(A) and
(B) and (2)(A) and (B))
EXAMPLE A: Taxpayer transports freight and passengers by railroad with total
income of $100. Taxpayer derived $60 in operating income from transporting
freight, $30 in operating income from transporting passengers and $10 in income
from nontransportation activities. Taxpayer's apportionment fraction for its
freight transportation business is 15% and its apportionment fraction for
passenger transportation is 45%. Taxpayer's apportionment factor is 25%,
computed as follows: 15% times ($60/$90) plus 45% times ($30/$90).
Example:
Col A
Col B
Col C
Income
Operating
Income
Apportionment
Fraction
Col D
Col E
Weighting
IL Factor
C times D
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NOTICE OF PROPOSED AMENDMENT
Transporting freight
Transporting
passenger
Nontransportation
receipts
Subtotals
$60
$60
15.00%
(60/90)
10.00%
$30
$30
45.00%
(30/90)
15.00%
$10
$0
0.00%
0
0.00%
$100
$90
~~
~~
25.00%
EXAMPLE B: Taxpayer transports freight by air and ground service for its
taxable year ending June 30, 2009. Taxpayer uses trucks to provide its ground
transportation services. Taxpayer has total gross receipts of $1,600. Taxpayer
derived $600 from transporting freight by truck and $1,000 from transporting
freight by air. Using the gross receipts methodology set forth in subsections
(a)(2)(A) and (c), Taxpayer's apportionment factor for its ground transportation
services is 12%. Using the revenue miles methodology in subsection (a)(2)(B),
Taxpayer's apportionment factor for its air transportation service is 22%.
Taxpayer's apportionment factor is 18.2%, computed as follows: 12% times
($600/$1600) plus 22% times ($1000/$1600).
Example:
Transporting
ground
Transporting air
Nontransportation
receipts
Subtotals
Col A
Col B
Col C
Col D
Col E
Gross
Receipts
Transportation
Receipts
Apportionment
Fraction
Weighting
IL Factor
C times D
$600
$1000
$600
$1000
12.00%
22.00%
(600/1600)
(1000/1600)
4.50%
13.75%
$100
$0
0.00%
0
0.00%
$1700
$1600
~~
~~
18.25%
(Source: Added at 39 Ill. Reg. ______, effective ____________)
ILLINOIS REGISTER
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NOTICE OF ADOPTED AMENDMENTS
1)
Heading of the Part: Emergency and Written Notification of an Incident or Accident
Involving a Reportable Hazardous Material or Extremely Hazardous Substance
2)
Code Citation: 29 Ill. Adm. Code 430
3)
Section Numbers:
430.10
430.15
430.20
430.30
430.50
430.70
430.80
4)
Statutory Authority: Implementing Section 504 of Title III of the Superfund Amendments
and Reauthorization Act of 1986 (42 USC 11004) and authorized by Section 5(c) of the
Illinois Emergency Management Agency Act [20 ILCS 3305/5(c)]
5)
Effective Date of Rule: November 5, 2014
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rule, including any material incorporated by reference, is on file at
the Agency's headquarters located at 1035 Outer Park Drive, Springfield, Illinois and is
available for public inspection.
9)
Notice of Proposal published in the Illinois Register: 38 Ill. Reg. 17174; August 15, 2014
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposal and Final Version: Nonsubstantive wording modifications
made in response to JCAR
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreement letter issued by JCAR? Yes
13)
Will this rulemaking replace an emergency rule currently in effect? No
Proposed Action:
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
ILLINOIS REGISTER
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NOTICE OF ADOPTED AMENDMENTS
14)
Are there any rulemakings pending on this Part? No
15)
Summary and Purpose of Rulemaking: The Agency is updating the reporting requirement
exemptions for extremely hazardous substances to match the federal requirements in 40
CFR 355.31.
16)
Information and questions regarding this adopted rule shall be directed to:
Louise Michels
Staff Attorney
Illinois Emergency Management Agency
1035 Outer Park Drive
Springfield IL 62704
217/785-9876
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER
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NOTICE OF ADOPTED AMENDMENTS
TITLE 29: EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE
CHAPTER I: EMERGENCY MANAGEMENT AGENCY
SUBCHAPTER d: STATE EMERGENCY RESPONSE
PART 430
EMERGENCY AND WRITTEN NOTIFICATION OF AN INCIDENT OR
ACCIDENT INVOLVING A REPORTABLE HAZARDOUS MATERIAL OR
EXTREMELY HAZARDOUS SUBSTANCE
Section
430.10
430.15
430.20
430.30
430.40
430.50
430.60
430.70
430.80
Purpose
Applicability
Definitions
Emergency Notification of an Incident or Accident Involving a Reportable
Hazardous Substance or Material or Extremely Hazardous Substance
Contents of Notice
Notification Responsibility to Agencies other than the SERC, IESDA, the LEPC
and the Local Emergency Response AgenciesAgency
Exempted Releases
Follow-up Emergency Notice
Enforcement
AUTHORITY: Implementing Section 304 of Title III of the Superfund Amendments and
Reauthorization Act of 1986 (42 USC 11004) and authorized by Section 5(c) of the Illinois
Emergency Management Agency Act [20 ILCS 3305/5(c)].
SOURCE: Filed April 8, 1977. Rules repealed, new rules adopted and codified at 6 Ill. Reg.
10928, effective September 1, 1982; Part repealed, new Part adopted at 13 Ill. Reg. 2040,
effective February 6, 1989; amended at 38 Ill. Reg. 21779, effective November 5, 2014.
Section 430.10 Purpose
This Part establishes the State of Illinois policy for the immediate notification of an accident or
incident and subsequent written report as required thatwhich involves the release of a reportable
hazardous material or extremely hazardous substance or, in the case of a transportation incident,
a hazardous material. The procedures in this Partherein provide for a centralized and expedient
method for alerting Statestate and local planning and response agenciesgovernments about a
potential or actual release, so that an appropriate emergency response system can be activated
ifshould it become necessary.
ILLINOIS REGISTER
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(Source: Amended at 38 Ill. Reg. 21779, effective November 5, 2014)
Section 430.15 Applicability
The requirement of this Sectionsection applies to any facility:
a)
at which there is a release of a reportable quantity of a hazardous
materialsubstance or extremely hazardous substance; or hazardous material or,
b)
in the case of a motor vehicle, rolling stock or aircraft, at which there is a release
of a reportable quantity of hazardous material orsubstance, extremely hazardous
substance or hazardous material.
(Source: Amended at 38 Ill. Reg. 21779, effective November 5, 2014)
Section 430.20 Definitions
"Accident" means a release that occurs unintentionally, for example, as a result of
malfunctioning equipment or an Act of God.
"CERCLA" means the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (42 U.S.C. 9601, et seq.).
"Emergency Planning District" means a district designated by the SERC in
accordance with sectionSection 301(b) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), Title III (42 USCU.S.C. 11001(b)).
"Environment" means water, air and land and the interrelationship thatwhich
exists among and between water, air and land and all living things.
"Etiologic Agent" means a disease-causing agent.
"Evacuation" means the withdrawal of any member of the general public from an
area threatened by exposure to a hazardous material.
"Extremely Hazardous Substance" means any substance listed in
appendixAppendix A of 40 CFR 355, dated (January 1, 2014)April 22, 1987.
This incorporation does not include any later amendments or editions.
ILLINOIS REGISTER
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"Evacuation" means the withdrawal of any member of the general public from an
area threatened by exposure to a hazardous material.
"Facility" means all buildings, equipment, structures, and other stationary items
thatwhich are located on a single site or on contiguous or adjacent sites and
thatwhich are owned or operated by the same person (or by any person whowhich
controls, is controlled by, or is under common control with, thatsuch person). For
the purposes of this Part, the term includes motor vehicles, rolling stock and
aircraft.
"General Public" means any individual not employed by, or authorized to be
within the area under the control of, the person responsible for the hazardous
material; the exclusion of employees from this definition applies only during
actual hours of employment.
"Hazardous Material" means a substance or material thatwhich is designated a
hazardous material pursuant to the "Hazardous Materials Transportation Act" (49
USCAU.S.C.A. 51011801 et seq.).
"Hazardous Substance" means any substance listed in tableTable 302.4 of 40 CFR
302 (January 1, 2014)., dated July 1, 1987. This incorporation does not include
any later amendments or editions.
"IEMAIESDA" means the Illinois Emergency ManagementServices and Disaster
Agency.
"Incident" means a release that occurs intentionally, for example, as a result of
sabotage or a permit violation, or intentionally disposing of hazardous materials in
violation of federal or Statestate statutes.
"Local Emergency Response Agency" means police, fire, civil defense, or any
other local government agency or department charged with the responsibility of
responding to an accident involving a hazardous material or extremely hazardous
substance.
"Local Emergency Planning Committee" or "(LEPC)" means the committee
appointed by the SERC, in accordance with sectionSection 301(c) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA), Title III.
ILLINOIS REGISTER
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ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF ADOPTED AMENDMENTS
"Oil" means oil of any kind or in any form, including, but not limited to,
petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other than dredged
spoil, and generally including, and of a large class of, oily, combustible
substances thatwhich are liquid, or easily liquifiable on warming, and soluble in
ether, but not in water.
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the
environment (including the abandonment or dischargedischarging of barrels,
containers, and other closed receptacles). For the purposes of this Part 430,
"releaseRelease" includes the loss of containment of a reportable hazardous
material or extremely hazardous substance thatwhich is not wholly contained
within a building or structure inside plant or facility boundaries.
"Reportable Quantity" means any extremely hazardous substancehazardous
material that equals or exceeds the reportable quantity listed in appendixAppendix
A of 40 CFR 355, for any extremely hazardous substance, and that equals or
exceeds the reportable quantity listed in tableTable 302.4 of 40 CFR 302 subject
to the exemptions listed in 40 CFR 355.31 (January 1, 2014) dated July 1, 1987.
This incorporation includes no later amendments or editions.
"Responsible Party" means the individual, partnership, corporation or association
in control of any reportable hazardous material or extremely hazardous substance
at the time of an accident or incident involving that reportable hazardous material
or extremely hazardous substance.
"State Emergency Response Commission" or "(SERC)" means the Illinois
Emergency ManagementServices and Disaster Agency as appointed by the
Governor in accordance with sectionSection 301 of SARAthe Superfund
Amendments and Reauthorization Act of 1986 (42 U.S.C. 11001 et seq.) to carry
out all Statestate responsibilities required by thatthis Act.
(Source: Amended at 38 Ill. Reg. 21779, effective November 5, 2014)
Section 430.30 Emergency Notification of an Incident or Accident Involving a Reportable
Hazardous Substance or Material or Extremely Hazardous Substance
a)
If a release of aan extremely hazardous material or extremely hazardous substance
ILLINOIS REGISTER
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ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF ADOPTED AMENDMENTS
or a hazardous substance occurs in a reportable quantity from a facility then the
responsible party at that facility shall immediately provide notice as described in
subsection (c).
b)
c)
If an incident or accident involving a hazardous material occurs thatwhich results
in any of the occurrences listed in subsections (b)(1) through- (6) below, the
responsible party at the facility shall immediately provide notice as described in
subsection (c)(1).
1)
Aa member of the general public is killed.;
2)
Aa member of the general public receives injuries requiring
hospitalization.;
3)
Anan authorized official of an emergency agency recommends evacuation
of an area by the general public.;
4)
Aa motor vehicle has overturned on a public highway.
5)
Fire, breakage, release or suspected contamination occurs involving an
etiologic agent.
6)
Any release of oil thatwhich meets the reporting requirements in the U.S.
Environmental Protection Agency regulations (40 CFR 110; January
2014). This incorporation does not include any later amendments or
editions.
Notice Procedures
1)
Notice required under subsections (a) and (b) shall be given immediately
by the responsible party to the SERCIESDA (which is the SERC) by
calling 1-800-782-7860 or 1-217-782-7860.;
2)
Notice required under subsection (a) shall also be given immediately via
the telephone, radio, or in person by the responsible party to the
community emergency coordinator for the LEPClocal emergency planning
committee for any area likely to be affected by the release. If there is no
LEPClocal emergency planning committee, notification shall be given to
relevant local emergency response agenciespersonnel. Notice shall also be
ILLINOIS REGISTER
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ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF ADOPTED AMENDMENTS
given to the SERC for any other stateState likely to be affected by the
release. Telephone numbers for LEPCs and other SERCs may be obtained
from the Illinois Emergency Management website
(www.iema.illinois.gov) or by calling a telephone number listed in
subsection (c)(1)SERC (524-6887 or 782-4694).
3)
A responsible party of a facility from which there is a transportationrelated release may meet the requirements of subsection (a) by providing
the information required in Section 430.40 to the 911 operator, or, in the
absence of a 911 emergency telephone number, to the operator.
(Source: Amended at 38 Ill. Reg. 21779, effective November 5, 2014)
Section 430.50 Notification Responsibility to Agencies other than the SERC, IESDA, the
LEPC and the Local Emergency Response AgenciesAgency
a)
If notification of an incident or accident that may involve the support of any
Statestate agency is filed with IESDA or the SERC, pursuant to Sections 430.30
and 430.40 of this Part, no additional telephone notification to a Statestate agency
is otherwise required under regulations of the Illinois Pollution Control Board,
Illinois Environmental Protection Agency, Illinois Department of Nuclear Safety,
Illinois Department of Natural ResourcesMines and Minerals, Illinois Commerce
Commission, State Fire Marshal, Illinois Department of Transportation, Illinois
Department of State PoliceDepartment of Law Enforcement, Illinois Department
of Agriculture or Illinois Department of Public Health. It; it shall be the
responsibility of the SERCIESDA to notify Statestate agencies having jurisdiction
pursuant to SERCIESDA Standard Operating Procedures.
b)
Notification to IESDA, the SERC or the LEPC under this Part does not satisfy
any requirements to provide telephone notification of a hazardous material
incident or accident to federal or local emergency agencies.
c)
Notification to IESDA, the SERC or the LEPC under this Part does not satisfy
additional requirements to provide subsequent written notification, reports or
other data as may be required by law, rule, regulation, license or permit.
(Source: Amended at 38 Ill. Reg. 21779, effective November 5, 2014)
Section 430.70 Follow-up Emergency Notice
ILLINOIS REGISTER
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ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF ADOPTED AMENDMENTS
As soon as practicable after a release thatwhich requires notice under Section 430.30(a), the
responsible persons shall provide a written follow-up emergency notice (or notices, as more
information becomes available) to the SERCIESDA updating the information required under
Section 430.40, and including additional information with respect to the following:
a)
actions taken to respond to and contain the release;
b)
any known or anticipated acute or chronic health risks associated with the
release;, and
c)
whenwhere appropriate, advice regarding medical attention necessary for exposed
individuals.
(Source: Amended at 38 Ill. Reg. 21779, effective November 5, 2014)
Section 430.80 Enforcement
a)The SERCIESDA shall have authority to investigate any violation of SectionsSection
430.30,(a) and (c), Section 430.50, Section 430.60 and Section 430.70. Any enforcement or civil
action required under this Part shall be carried out pursuant to SARA and the Illinois Emergency
Management Agency Act and this Part"AN ACT to require labeling of equipment and facilities
for the use, transportation, storage and manufacture of hazardous materials and to provide for a
uniform response system to hazardous materials emergencies" (Ill. Rev. Stat. 1987, ch. 127, pars.
1251 et seq.) and Title III of the Superfund Amendments and Reauthorization Act of 1986 (42
U.S.C. 11001 et seq.).
b)
It shall be the sole responsibility of any State agency pursuant to their statutory
responsibilities to investigate violations of Section 430.30(b) and to initiate
enforcement action pursuant to their statutory authority and this rule.
(Source: Amended at 38 Ill. Reg. 21779, effective November 5, 2014)
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
NOTICE OF ADOPTED AMENDMENTS
1)
Heading of the Part: Educator Licensure
2)
Code Citation: 23 Ill. Adm. Code 25
3)
Section Numbers:
25.25
25.70
25.275
25.315
25.345
25.400
25.450
25.475
25.497
25.550
25.800
25.805
25.807
25.810
25.820
25.825
25.830
25.832
25.835
25.840
25.845
25.848
25.850
25.855
25.860
25.865
25.872
25.875
25.880
25.Appendix E
4)
Statutory Authority: 105 ILCS 5/2-3.6
5)
Effective Date of Rules: November 3, 2014
Adopted Action:
Amendment
Amendment
Repeal
Repeal
Amendment
Amendment
Amendment
Repeal
Amendment
Amendment
Amendment
Amendment
Repeal
Repeal
Repeal
Repeal
Amendment
Amendment
Amendment
Amendment
Repeal
Repeal
Repeal
Amendment
Amendment
Amendment
Repeal
Amendment
Amendment
Amendment
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NOTICE OF ADOPTED AMENDMENTS
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rules, including any material incorporated by reference, is on file
in the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: July 11, 2014; 38 Ill. Reg. 14081
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposal and Final Version: The deadline for entering activities
completed before July 1, 2014, into the agency's electronic system was removed in
Sections 25.70(e), 25.800(d) and (e), and the introduction to Section 25.875.
Sections 25.70(h) and 25.830(a) now limit the requirement for entering professional
development credit into the electronic system within 60 days to only credit earned after
July 1, 2014.
A cross-reference in Section 25.70(g) was corrected to reflect Section 25.880, and the
introduction in Section 25.880 now states that the Section applies to educators working
for less than 50 percent of full time equivalency.
New Section 25.800(e)(9) was added to recognize previous credit for national
certification for school support personnel.
Section 25.805(c)(2)(B) was modified to acknowledge the 60 clock hours of renewal
credit for individuals holding the master teacher designation.
A rule regarding holders of multiple endorsements set forth at repealed Section 25.475
was restored to the rules at Section 25.805(f).
The deadline to complete a plan for professional development when an extension is
granted was changed from June 30 to August 31.
The definition of "represent" for purposes of eligibility to apply for provider approval
was changed in Section 25.855(c).
ILLINOIS REGISTER
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STATE BOARD OF EDUCATION
NOTICE OF ADOPTED AMENDMENTS
Modifications in Section 25.855(d) more clearly state the application requirements for
provider approval.
Sections 25.855(h) and 25.865(b) were modified to allow for quarter hours of credit.
Other technical changes were made in Sections 25.450(c), 25.830(f) and 25.832(c), and
other nonsubstantive changes requested by JCAR were made in Sections 25.70, 25.800,
25.805, 25.840 and 25.855.
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? Yes
13)
Will this rulemaking replace any emergency rule currently in effect? No
14)
Are there any other proposed rulemakings pending on this Part? No
15)
Summary and Purpose of the Rulemaking: The proposed rules would implement several
policy decisions about how the new license renewal system will be implemented. Each
of these areas is described separately below.
Credit for Previous Renewal Activities. Section 25.800 addresses general requirements
that apply to renewal under the new law and preserves the credit that a licensee may have
accumulated under the certificate renewal system as that individual makes the transition
to the new license renewal system. Credit for certain activities articulated in nowrepealed Section 21-2 of the School Code [105 ILCS 5/21-2] is addressed in 25.800(d)
and (e).
Verification. Section 25.830(a) of the rules references the requirement of Section 21B45(e) of the School Code that licensees enter certain information about a professional
development activity into the Educator License Information System (ELIS) within 60
days of completing the activity and delays until July 1, 2015, a penalty for failure to enter
the credit, as required. The rule at Section 25.830(c), regarding the penalty for failing to
complete an Administrators' Academy course each fiscal year, is not new but is being
moved from Section 25.315, which is being repealed.
Request for Extension. Section 25.835 responds to Section 21B-45(e)(9) of the School
Code regarding approval of extensions by the State Educator Preparation and Licensure
Board (SEPLB) to complete required professional development beyond September 1 of
the year in which an individual's license expires.
ILLINOIS REGISTER
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STATE BOARD OF EDUCATION
NOTICE OF ADOPTED AMENDMENTS
Approval of Providers. Section 21B-45(g) of the School Code authorizes Illinois
professional associations that represent certain categories of educators to seek approval
through the State Board of Education to offer professional development under the license
renewal system. Section 25.855 sets forth the process for that approval and allows
providers approved under the current certificate renewal process to continue to offer
credit for professional development activities through December 31, 2014, provided the
activities meet the requirements of Section 21B-45(g) of the School Code. Additionally,
Section 25.860 lists the reporting and auditing requirements of Sections 21B-45(j) of the
School Code for both statutorily approved providers and those receiving approval from
the State Board of Education.
Exemptions. Under Section 21B-45 of the School Code, certain categories of educators
who hold a PEL are not required to complete professional development. The rules also
exempt any individual who holds a valid and active PEL and who is working solely in a
substitute teaching position.
Other changes being proposed in Part 25 include:
 Making clear in the introduction to Section 25.25 that applicants for a license,
endorsement or approval must receive at least a "C" (or its equivalent) on any
coursework required for receipt of the license, endorsement or approval;
 Clarifying in new Sections 25.25(c) and (d) that definitions of "valid certificate or
license" and "teaching experience" apply to the use of either of these terms
throughout the rulemaking (current language limits their applicability to student
teaching);
 Acknowledging in new Section 25.25(a)(3) the provision of P.A. 98-581,
effective August 27, 2013, for out-of-state applicants for the PEL endorsed in
school support personnel to complete coursework addressing the areas of special
education, reading and English language learning in the same way as applicants
who completed Illinois preparation programs do;
 Aligning renewal requirements in Section 25.70 for the educator license with
stipulations endorsed for career and technical educator with requirements under
the new license renewal system for individuals holding a PEL; and
 Implementing changes in Sections 25.400 and 25.450 necessitated by P.A. 98-610
to note the differences between a license's lapsing on September 1 due to failure
to complete renewal requirements and a license's lapsing six months after the date
of expiration due to failure to register the license.
16)
Information and questions regarding these adopted rules should be directed to:
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
NOTICE OF ADOPTED AMENDMENTS
Kellee Sullivan, Division Administrator
Educator Licensure Division
Illinois State Board of Education
100 North First Street, E-310
Springfield IL 62777
217/557-6763
The full text of the Adopted Amendments begins on the next page:
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TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER b: PERSONNEL
PART 25
EDUCATOR LICENSURE
SUBPART A: DEFINITIONS
Section
25.10
Accredited Institution
SUBPART B: LICENSES
Section
25.11
25.15
25.20
25.22
25.25
25.30
25.32
25.35
25.37
25.40
25.42
25.43
25.45
25.46
25.47
25.48
25.50
25.60
25.65
25.67
New Certificates (February 15, 2000) (Repealed)
Types of Licenses; Exchange
Requirements for the Elementary Certificate (Repealed)
Requirements for the Elementary Certificate (2004) (Repealed)
Requirements for the Professional Educator License
Endorsement in Teacher Leadership (Through December 31, 2012) (Repealed)
Teacher Leader Endorsement (Beginning September 1, 2012)
Acquisition of Subsequent Certificates; Removal of Deficiencies (Repealed)
Acquisition of Subsequent Teaching Endorsements on a Professional Educator
License
Requirements for the Special Certificate (Repealed)
Requirements for the Special Certificate (2004) (Repealed)
Standards for Licensure of Special Education Teachers
Standards for the Initial Special Preschool-Age 12 Certificate – Speech and
Language Impaired (Repealed)
Special Provisions for the Learning Behavior Specialist I Endorsement
Special Provisions for the Learning Behavior Specialist I Approval
Short-Term Emergency Approval in Special Education
General Certificate (Repealed)
Alternative Educator Licensure Program for Teachers (Beginning January 1,
2013)
Alternative Educator Licensure
Alternative Route to Teacher Licensure
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25.70
25.72
25.75
25.80
25.82
25.85
25.86
25.90
25.92
25.95
25.97
25.99
25.100
25.105
Endorsement for Career and Technical Educator
Endorsement for Provisional Career and Technical Educator
Part-time Provisional Certificates (Repealed)
Endorsement for Part-time Provisional Career and Technical Educator
Requirements for the Early Childhood Certificate (2004) (Repealed)
Special Provisions for Endorsement in Foreign Language for Individuals
Currently Certified (Repealed)
Special Provisions for Endorsement in Foreign Language for Individuals Prepared
as Teachers But Not Currently Certified (Repealed)
Endorsement for Transitional Bilingual Educator
Endorsement for Visiting International Educator
Language Endorsement for the Transitional Bilingual Educator
Endorsement for Elementary Education (Grades 1 through 6)
Endorsement for the Middle Grades (Grades 5 through 8)
Teaching Endorsements on the Professional Educator License
Temporary Substitute Teaching Permit (Repealed)
SUBPART C: APPROVING PROGRAMS THAT PREPARE PROFESSIONAL
EDUCATORS IN THE STATE OF ILLINOIS
Section
25.110
25.115
25.120
25.125
25.127
25.130
25.135
25.136
25.137
25.140
25.142
25.145
25.147
System of Approval: Levels of Approval (Repealed)
Recognition of Institutions and Educational Units, and Approval of Programs
Standards and Criteria for Institutional Recognition and Program Approval
(Repealed)
Accreditation Review of the Educational Unit (Repealed)
Review of Individual Programs (Repealed)
Interventions by the State Board of Education and State Educator Preparation and
Licensure Board
Interim Provisions for Continuing Accreditation and Approval – July 1, 2000,
through Fall Visits of 2001 (Repealed)
Interim Provisions for Continuing Accreditation – Institutions Visited from Spring
of 2002 through Spring of 2003 (Repealed)
Interim Provisions for Continuing Accreditation and Approval – July 1, 1999,
through June 30, 2000 (Repealed)
Requirements for the Institution's Educational Unit Assessment Systems
Assessment Requirements for Individual Programs
Approval of New Programs Within Recognized Institutions
Approval of Programs for Foreign Language Beginning July 1, 2003
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25.150
25.155
25.160
25.165
The Periodic Review Process (Repealed)
Procedures for the Initial Recognition of an Institution as an Educator Preparation
Institution and Its Educational Unit
Notification of Recommendations; Decisions by State Board of Education
Discontinuation of Programs
SUBPART D: SCHOOL SUPPORT PERSONNEL
Section
25.200
25.210
25.215
25.220
25.225
25.227
25.230
25.235
25.240
25.245
25.250
25.252
25.255
25.275
Relationship Among Endorsements in Subpart D
Requirements for the Certification of School Social Workers (Repealed)
Endorsement for School Social Workers
Requirements for the Certification of Guidance Personnel (Repealed)
Endorsement for School Counselors
Interim Approval for School Counselor Interns
Requirements for the Certification of School Psychologists (Repealed)
Endorsement for School Psychologists
Standard for School Nurse Endorsement (Repealed)
Endorsement for School Nurses
Standards for Non-Teaching Speech-Language Pathologists
Endorsement for Non-Teaching Speech-Language Pathologists
Interim Approval for Speech-Language Pathologist Interns
Renewal of the Professional Educator License Endorsed for School Support
Personnel (Repealed)
SUBPART E: REQUIREMENTS FOR THE LICENSURE OF
ADMINISTRATIVE AND SUPERVISORY STAFF
Section
25.300
25.310
25.311
25.313
25.314
25.315
25.320
25.322
25.330
Relationship Among Credentials in Subpart E
Definitions (Repealed)
Alternative Route to Superintendent Endorsement (Beginning January 1, 2013)
Alternative Route to Administrative Endorsement (Through August 31, 2013)
(Repealed)
Alternative Route to Administrative Certification for Teacher Leaders (Repealed)
Renewal of Administrative Endorsements (Repealed)
Application for Approval of Program (Repealed)
General Supervisory Endorsement (Repealed)
Standards and Guide for Approved Programs (Repealed)
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25.333
25.335
25.337
25.338
25.344
25.345
25.355
25.360
25.365
General Administrative Endorsement (Repealed)
General Administrative Endorsement (Through August 31, 2014)
Principal Endorsement (2013)
Designation as Master Principal (Repealed)
Chief School Business Official Endorsement (Repealed)
Endorsement for Chief School Business Official
Endorsement for Superintendent (2019)
Endorsement for Superintendent (Through August 31, 2019)
Endorsement for Director of Special Education
SUBPART F: GENERAL PROVISIONS
Section
25.400
25.405
25.410
25.411
25.415
25.420
25.425
25.427
25.430
25.435
25.437
25.440
25.442
25.444
25.445
25.450
25.455
25.460
25.464
25.465
25.470
25.475
25.480
25.485
Registration of Licenses; Fees
Military Service; Licensure
Reporting Requirements for Revoked or Suspended Licenses; License Application
Denials
Voluntary Removal of Endorsements
Credit in Junior College (Repealed)
Psychology Accepted as Professional Education (Repealed)
Individuals Prepared in Out-of-State Institutions
One-Year Limitation
Institutional Approval (Repealed)
School Service Personnel Certificate – Waiver of Evaluations (Repealed)
Equivalency of General Education Requirements (Repealed)
Master of Arts NCATE (Repealed)
Illinois Teacher Corps Programs (Through August 31, 2013) (Repealed)
Illinois Teaching Excellence Program
College Credit for High School Mathematics and Language Courses (Repealed)
Lapsed Licenses
Substitute Certificates (Repealed)
Provisional Special and Provisional High School Certificates (Repealed)
Short-Term Authorization for Positions Otherwise Unfilled (Repealed)
Credit (Repealed)
Meaning of Experience on Administrative Certificates (Repealed)
Renewal Requirements for Holders of Multiple Types of Endorsements on a
Professional Educator License (Repealed)
Supplemental Documentation and Review of Certain License Applications
Licensure of Persons with Prior Certificate or License Sanctions
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25.486
25.487
25.488
25.489
25.490
25.491
25.493
25.495
25.497
Licensure of Persons Who Are Delinquent in the Payment of Child Support
Licensure of Persons with Illinois Tax Noncompliance
Licensure of Persons Named in Reports of Child Abuse or Neglect
Licensure of Persons Who Are in Default on Student Loans
Licensure of Persons Who Have Been Convicted of a Crime
Licensure of Persons with Unsatisfactory Performance Evaluation Ratings
Part-Time Teaching Interns (Repealed)
Approval of Out-of-State Institutions and Programs (Repealed)
Supervisory Endorsements
SUBPART G: PARAPROFESSIONALS;
OTHER PERSONNEL
Section
25.510
25.520
25.530
25.540
25.550
Endorsement for Paraprofessional Educators
Substitute Teaching License
Specialized Instruction by Noncertificated Personnel (Repealed)
Approved Teacher Aide Programs (Repealed)
Approval of Educational Interpreters
SUBPART H: CLINICAL EXPERIENCES
Section
25.610
25.620
25.630
Definitions
Student Teaching
Pay for Student Teaching (Repealed)
SUBPART I: ILLINOIS LICENSURE TESTING SYSTEM
Section
25.705
25.710
25.715
25.717
25.720
25.725
25.728
25.730
25.731
Purpose – Severability
Definitions
Test Validation
Test Equivalence
Applicability of Testing Requirement and Scores
Applicability of Scores (Repealed)
Use of Test Results by Institutions of Higher Education
Registration − Paper-and-Pencil Testing
Registration − Computer-Based Testing
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25.732
25.733
25.735
25.740
25.745
25.750
25.755
25.760
25.765
25.770
25.775
25.780
Late Registration
Emergency Registration
Frequency and Location of Tests
Accommodation of Persons with Special Needs
Special Test Dates
Conditions of Testing
Cancellation of Scores; Voiding of Scores
Passing Score
Individual Test Score Reports
Re-scoring
Institution Test Score Reports
Fees
SUBPART J: RENEWAL OF PROFESSIONAL EDUCATOR LICENSES
ENDORSED IN A TEACHING FIELD
Section
25.800
25.805
25.807
25.810
25.815
25.820
25.825
25.830
25.832
25.835
25.840
25.845
25.848
25.850
25.855
25.860
Professional Development Required (Beginning July 1, 2014)
Continuing Professional Development Options
Additional Specifications Related to Professional Development Activities of
Special Education Teachers (Repealed)
State Priorities (Repealed)
Submission and Review of the Plan (Repealed)
Requirements for Coursework on the Assessment of One's Own Performance
(Repealed)
Requirements for Coursework Related to the National Board for Professional
Teaching Standards (NBPTS) (Repealed)
Verification of Completed Activities;Statement of Assurance for Renewal
Processof Licenses
Validity and Renewal of NBPTS Master Teacher Designation
Request for ExtensionReview of and Recommendation Regarding Statement of
Assurance for Renewal
Appeals to theAction by State Educator Preparation and Licensure Board;
Appeals
Responsibilities of School Districts (Repealed)
General Responsibilities of LPDCs (Repealed)
General Responsibilities of Regional Superintendents (Repealed)
Approval of Professional DevelopmentIllinois Providers
Reporting by and Audits ofOut-of-State Providers
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25.865
25.870
25.872
25.875
25.880
25.885
Awarding of Credit for Activities with Providers
Continuing Education Units (CEUs) (Repealed)
Special Provisions for Interactive, Electronically Delivered Continuing
Professional Development (Repealed)
Continuing Professional Development Units (CPDUs) (Through June 30, 2014)
"Valid and Exempt" Licenses; Proportionate Reduction; Part-Time Teaching
Funding; Expenses (Repealed)
SUBPART K: REQUIREMENTS FOR RECEIPT OF
THE STANDARD TEACHING CERTIFICATE
Section
25.900
25.905
25.910
25.915
25.920
25.925
25.930
25.935
25.940
25.942
25.945
Applicability of Requirements in this Subpart (Repealed)
Choices Available to Holders of Initial Certificates (Repealed)
Requirements for Induction and Mentoring (Repealed)
Requirements for Coursework on the Assessment of One's Own Performance
(Repealed)
Requirements for Coursework Related to the National Board for Professional
Teaching Standards (NBPTS) (Repealed)
Requirements Related to Advanced Degrees and Related Coursework (Repealed)
Requirements for Continuing Professional Development Units (CPDUs)
(Repealed)
Additional Activities for Which CPDUs May Be Earned (Repealed)
Examination (Repealed)
Requirements for Additional Options (Repealed)
Procedural Requirements (Repealed)
25.APPENDIX A
25.APPENDIX B
25.APPENDIX C
25.APPENDIX D
25.APPENDIX E
Statistical Test Equating – Licensure Testing System
Certificates Available Effective February 15, 2000 (Repealed)
Exchange of Certificates for Licenses (July 1, 2013)
Criteria for Identification of Teachers as "Highly Qualified" in Various
Circumstances
Endorsement Structure Beginning July 1, 2013
AUTHORITY: Implementing Articles 21 and 21B and Section 14C-8 and authorized by Section
2-3.6 of the School Code [105 ILCS 5/Art. 21, Art. 21B, 14C-8, and 2-3.6].
SOURCE: Rules and Regulations to Govern the Certification of Teachers adopted September
15, 1977; amended at 4 Ill. Reg. 28, p. 336, effective July 16, 1982; amended at 7 Ill. Reg. 5429,
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effective April 11, 1983; codified at 8 Ill. Reg. 1441; amended at 9 Ill. Reg. 1046, effective
January 16, 1985; amended at 10 Ill. Reg. 12578, effective July 8, 1986; amended at 10 Ill. Reg.
15044, effective August 28, 1986; amended at 11 Ill. Reg. 12670, effective July 15, 1987;
amended at 12 Ill. Reg. 3709, effective February 1, 1988; amended at 12 Ill. Reg. 16022,
effective September 23, 1988; amended at 14 Ill. Reg. 1243, effective January 8, 1990; amended
at 14 Ill. Reg. 17936, effective October 18, 1990; amended at 15 Ill. Reg. 17048, effective
November 13, 1991; amended at 16 Ill. Reg. 18789, effective November 23, 1992; amended at
19 Ill. Reg. 16826, effective December 11, 1995; amended at 21 Ill. Reg. 11536, effective
August 1, 1997; emergency amendment at 22 Ill. Reg. 5097, effective February 27, 1998, for a
maximum of 150 days; amended at 22 Ill. Reg. 11767, effective June 25, 1998; amended at 22
Ill. Reg. 19745, effective October 30, 1998; amended at 23 Ill. Reg. 2843, effective February 26,
1999; amended at 23 Ill. Reg. 7231, effective June 14, 1999; amended at 24 Ill. Reg. 7206,
effective May 1, 2000; emergency amendments at 24 Ill. Reg. 9915, effective June 21, 2000, for
a maximum of 150 days; amended at 24 Ill. Reg. 12930, effective August 14, 2000; peremptory
amendment at 24 Ill. Reg. 16109, effective October 12, 2000; peremptory amendment suspended
at 25 Ill. Reg. 3718, effective February 21, 2001; peremptory amendment repealed by joint
resolution of the General Assembly, effective May 31, 2001; emergency amendments at 25 Ill.
Reg. 9360, effective July 1, 2001, for a maximum of 150 days; emergency expired November 27,
2001; emergency amendments at 25 Ill. Reg. 11935, effective August 31, 2001, for a maximum
of 150 days; amended at 25 Ill. Reg. 16031, effective November 28, 2001; amended at 26 Ill.
Reg. 348, effective January 1, 2002; amended at 26 Ill. Reg. 11867, effective July 19, 2002;
amended at 26 Ill. Reg. 16167, effective October 21, 2002; amended at 27 Ill. Reg. 5744,
effective March 21, 2003; amended at 27 Ill. Reg. 8071, effective April 28, 2003; emergency
amendments at 27 Ill. Reg. 10482, effective June 26, 2003, for a maximum of 150 days;
amended at 27 Ill. Reg. 12523, effective July 21, 2003; amended at 27 Ill. Reg. 16412, effective
October 20, 2003; emergency amendment at 28 Ill. Reg. 2451, effective January 23, 2004, for a
maximum of 150 days; amended at 28 Ill. Reg. 8556, effective June 1, 2004; emergency
amendments at 28 Ill. Reg. 12438, effective August 20, 2004, for a maximum of 150 days;
amended at 29 Ill. Reg. 1212, effective January 4, 2005; amended at 29 Ill. Reg. 10068, effective
June 30, 2005; amended at 29 Ill. Reg. 12374, effective July 28, 2005; emergency amendment at
29 Ill. Reg. 14547, effective September 16, 2005, for a maximum of 150 days; amended at 29 Ill.
Reg. 15831, effective October 3, 2005; amended at 30 Ill. Reg. 1835, effective January 26, 2006;
amended at 30 Ill. Reg. 2766, effective February 21, 2006; amended at 30 Ill. Reg. 8494,
effective April 21, 2006; amended at 31 Ill. Reg. 10645, effective July 16, 2007; amended at 32
Ill. Reg. 3413, effective February 22, 2008; amended at 32 Ill. Reg. 13263, effective July 25,
2008; emergency amendment at 32 Ill. Reg. 18876, effective November 21, 2008, for a
maximum of 150 days; amended at 33 Ill. Reg. 5462, effective March 24, 2009; amended at 34
Ill. Reg. 1582, effective January 12, 2010; amended at 34 Ill. Reg. 15357, effective September
21, 2010; amended at 35 Ill. Reg. 4315, effective February 23, 2011; peremptory amendment at
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35 Ill. Reg. 14663, effective August 22, 2011; amended at 35 Ill. Reg. 16755, effective
September 29, 2011; amended at 36 Ill. Reg. 2191, effective January 24, 2012; amended at 36 Ill.
Reg. 12455, effective July 23, 2012; emergency amendment at 36 Ill. Reg. 12903, effective July
24, 2012, for a maximum of 150 days; amended at 37 Ill. Reg. 199, effective December 19,
2012; amended at 37 Ill. Reg. 8379, effective June 12, 2013; amended at 37 Ill. Reg. 16729,
effective October 2, 2013; amended at 38 Ill. Reg. 11261, effective May 6, 2014; amended at 38
Ill. Reg. 18933, effective September 8, 2014; amended at 38 Ill. Reg. 21788, effective November
3, 2014.
SUBPART B: LICENSES
Section 25.25 Requirements for the Professional Educator License
Beginning July 1, 2013, the requirements of this Section shall apply to the issuance of
professional educator licenses, except that the requirements of this Section shall not apply to an
individual who completes an educator preparation program by June 30, 2013, is issued an
entitlement for licensure, and receives the professional educator license by July 31, 2013. All
professional education and content-area coursework that forms part of an application for
licensure, endorsement or approval submitted under this Part that is received on or after February
1, 2012 must have been passed with a grade no lower than "C" or equivalent in order to be
counted towards fulfillment of the applicable requirements.
a)
Each applicant shall:
1)
have completed an approved Illinois educator preparation program for the
type of endorsement (i.e., teaching, administrative or school support
personnel) sought on the professional educator license (see Subpart C of
this Part), including coursework addressing:
A)
the psychology of, the identification of, and the methods of
instruction for the exceptional child, including without limitation
the learning disabled [105 ILCS 5/21B-20(1)], which shall focus
on the characteristics and methods of instruction for crosscategorical special education students so that all teachers:
i)
understand the impact that disabilities have on the
cognitive, physical, emotional, social and communication
development of an individual and provide opportunities
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that support the intellectual, social and personal
development of all students;
B)
ii)
understand how students differ in their approaches to
learning and create instructional opportunities that are
adapted to diverse learners; and
iii)
understand instructional planning and design instruction
based on knowledge of the discipline, students, community
and curriculum goal;
methods of reading and reading in the content area [105 ILCS
5/21B-20(1)], which for teachers and administrators shall address
each of the following standards:
i)
varied instructional approaches used before, during, and
after reading, including those that develop word
knowledge, vocabulary, comprehension, fluency, and
strategy used in the content areas;
ii)
the construction of meaning through the interactions of the
reader's background knowledge and experiences, the
information in the text, and the purpose of the reading
situation;
iii)
communication theory, language development, and the role
of language in learning;
iv)
the relationships among reading, writing and oral
communication and understanding how to integrate these
components to increase content learning;
v)
the design, selection, modification and evaluation of a wide
range of materials for the content areas and the reading
needs of the student;
vi)
variety of formal and informal assessments to recognize
and address the reading, writing, and oral communication
needs of each student; and
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vii)
C)
2)
varied instructional approaches that develop word
knowledge, vocabulary, comprehension, fluency, and
strategy use in the content areas; and
methods of reading and reading in the content area [105 ILCS
5/21B-20(1)], which for school support personnel shall address
each of the following standards:
i)
understands how students acquire reading competency;
ii)
understands reading deficits and reading levels, and how
they contribute to a student's ability to succeed in
kindergarten through grade 12;
iii)
understands the correlation of behavior and classroom
culture (discipline, management, control, influence on
engagement) on reading development and reading
acquisition; and
iv)
uses the skills and strategies specific to their school support
personnel specialty to support or enhance reading skill
development, as applicable.
pursuant to Section 105 ILCS 5/21B-35 of the School Code, have
completed a comparable teaching or administrative preparation program in
another state or country (see Section 25.425 of this Part), including:
A)
a minimum of one course that is equivalent to at least three
semester hours in the methods of instruction of the exceptional
child in cross-categorical special education that meets the
requirements of subsection (a)(1)(A);
B)
a minimum of six semester hours of coursework in methods of
reading and reading in the content area that meets the
requirements of subsection (a)(1)(B) or (C), as applicable; and
C)
a minimum of one course that is equivalent to at least three
semester hours in instructional strategies for English language
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learners, which shall address bilingual education, English as a
Second Language or English as a New Language methods.
3)
b)
pursuant to Section 21B-35 of the School Code, have completed a
comparable school support personnel preparation program in another state
or country (see Section 25.425), including college coursework in:
A)
the methods of instruction of the exceptional child (Section 21B35(a)(3) of the School Code) in cross-categorical special
education, which shall meet the requirements outlined in Section
25.25(a)(1)(A);
B)
the methods of reading and reading in the content area (Section
21B-35(a)(4) of the School Code), which shall meet the
requirements outlined in Section 25.25(a)(1)(C); and
C)
instructional strategies for English language learners (Section
21B-35(a)(5) of the School Code), which shall align to standards
for addressing second language acquisition and the diverse learner
set forth in the Standards for the Speech-Language Pathologist (23
Ill. Adm. Code 28.230) or, for other school support personnel, the
applicable standards in 23 Ill. Adm. Code 23 (Standards for School
Support Personnel Endorsements).
Each applicant for a professional educator license endorsed in a teaching field
shall have completed:
1)
32 semester hours, or a major as identified by the accredited institution on
the individual's official transcript, in early childhood education,
elementary education, or a field of specialization, as applicable to the type
of endorsement sought on the professional educator license; and
2)
student teaching in conformance with the requirements of Section 25.620
of this Part, except in the following circumstances:
A)
Applicants awarded credit in student teaching on a transcript
issued by a regionally accredited institution of higher education
and presenting evidence of teaching experience, as verified by the
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employer, need not complete another student teaching experience,
except as may be required under Section 25.37 of this Part.
B)
c)
dC)
One full year's teaching experience on a valid certificate or license
in the public schools shall be accepted in lieu of student teaching.
For the purposes of this Partsubsection (b)(2):
1i)
a "valid certificate or license" means a certificate or license endorsed in
the specific teaching field and grade levels for which Illinois licensure is
sought that is equivalent to an educator license with stipulations endorsed
for provisional educator or an Illinois professional educator license
endorsed in the specific teaching field for which Illinois licensure is
sought; and
2ii)
"one full year's teaching experience" means the equivalent of two
semesters of scheduled full-time teaching, which may, however, be
accumulated in any combination of increments. That is, it need not be
accumulated through full-time teaching.
Evidence of teaching experience, as may be required under this Partsubsection
(b)(2), may be satisfied in one of the following ways:.
1i)
For teachers employed in Illinois public schools, verification of the
teacher's experience obtained from the State Board of Education's ELIS
may be used.
2ii)
The chief administrator or other designated official of the employing
school district or nonpublic school (or other employing entity, if
applicable to the holder of a professional educator license endorsed for
early childhood; also see subsection (d)(4)(b)(2)(C)(iv) of this Section)
may submit a letter documenting the nature and duration of the applicant's
teaching.
3iii)
A letter signed by an official of the state education agency in another state
may be substituted for an employer's letter when the latter cannot be
secured.
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4iv)
Early childhood teaching experience shall be understood as contributing to
the fulfillment of this requirement if gained in a position for which a
professional educator license endorsed for early childhood was required
pursuant to the rules of the State Board of Education at 23 Ill. Adm. Code
235 (Early Childhood Block Grant).
5v)
Experience gained while teaching in a home school shall not be applicable
to the fulfillment of this requirement.
ec)
Each applicant for a professional educator license endorsed in an administrative
or school support personnel field shall meet the applicable requirements of
Subpart D or E of this Part, respectively.
fd)
The professional educator license shall be endorsed in accordance with this Part.
ge)
Each applicant shall be required to pass the tests required for the professional
educator license as specified in Section 21B-30 of the School Code [105 ILCS
5/21B-30] and Section 25.720 of this Part.
hf)
Nothing in this Section is intended to preclude an applicant from seeking the
issuance of an educator license with stipulations endorsed for provisional educator
in specific fields (i.e., teaching, administrative or school support personnel) and,
as applicable, content areas and grade levels under Section 21B-20 of the School
Code in the event that the individual has failed to meet one or more of the
requirements for a professional educator license in his or her area of endorsement.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.70 Endorsement for Career and Technical Educator
The requirements of this Section apply to individuals seeking an educator license with
stipulations endorsed for career and technical educator pursuant to Section 21B-20(2)(E) of the
School Code [105 ILCS 5/21B-20(2)(E)]. The requirements of this Section (except for those
specific to license renewal) do not apply to provisional vocational certificates exchanged for an
educator license with stipulations endorsed for career and technical educator under Section 25.15
of this Part.
a)
Each applicant for an educator license with stipulations endorsed for career and
technical educator shall present evidence of having completed 60 semester hours
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of college coursework from a regionally accredited institution, as well as evidence
of having completed 2,000 hours of work experience outside the field of
education in each area to be taught in the last 10 years immediately preceding
application. The required evidence of this work experience shall be written
statements from former supervisors who can be reached for verification or, in
cases in which supervisors are no longer available to verify the individual's
employment, affidavits by the applicant describing the work experience.
b)
Each applicant also shall have passed the test of basic skills required under
Section 21B-30 of the School Code [105 ILCS 5/21B-30] and Section 25.720 of
this Part.
c)
Each educator license with stipulations endorsed for career and technical educator
issued on or after July 1, 2013 shall be valid until June 30 immediately following
five years after the license is issued (see Section 21B-20(2)(E) of the School
Code). Renewal of the license after that five-year period shall be contingent upon
the licensee's fulfillment of the applicable requirements of this Section.
d)
For purposes of this subsection (d), coursework completed for license renewal
purposes shall be considered "related to education" if it leads to a professional
educator license or, for individuals holding a professional educator license, an
endorsement on that license for the skill area of instruction, or if it relates to the
field of an individual's current teaching assignment or any other field of teaching
assignment. Beginning July 1, 2014, eachEach affected licensee shall complete:
1)
eight semester hours of undergraduate or graduate-level coursework
related to education, of which no fewer than two semester hours must
address advancing the licensee's knowledge and skills as a teacher in
relation to the Illinois Professional Teaching Standards (see 23 Ill. Adm.
Code 24.100) and the content-area standards in his or her area of licensure,
endorsement, or assignment; or
12)
120 hours ofcontinuing professional development activitiesunits (CPDUs)
in each 5-year renewal cycle that align to the criteria set forth in Section
25.805(a)accordance with Section 25.875 of this Part; or
3)
any combination of the types of activities described in subsections (a)(1)
and (2) of this Section, provided that the total effort represents the
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equivalent of 120 CPDUs, and provided that one semester hour of college
credit shall be considered the equivalent of 15 CPDUs; or
4)
an advanced degree from a regionally accredited institution in an
education-related field; or
25)
60 hours of professional development activities in each 5-year renewal
cycle that align to the criteria set forth in Section 25.805 for any licensee
holding a currentall required activities in pursuit of certification or
recertification by the National Board for Professional Teaching Standards
(NBPTS) master teacher designation.; or
6)
four semester hours of graduate-level coursework on the assessment of
one's own performance in relation to the Illinois Professional Teaching
Standards; or
7)
four semester hours of graduate-level coursework in preparation for
meeting the requirements for certification by the National Board for
Professional Teaching Standards.
e)
Each professional development activity used to fulfill the requirements of this
Section, other than those identified in subsections (d)(4) through (7) of this
Section, shall be required to address one or more of the purposes identified for the
renewal of professional educator licenses in Section 21-14(e)(2) of the School
Code [105 ILCS 5/21-14(e)(2)]. At least 20 percent of the units required must
address the purpose identified in Section 21-14(e)(2)(E) of the School Code.
ef)
Credit for CPDUs shall be generated for completion of activities before June 30,
2014 shall be calculated on the basis of this subsection (e). Licensees shall be
responsible for completing any additional professional development activities as
may be needed to reach a total of 120 clock hours before the end of their 5-year
renewal cycle, as applicable. (See Section 25.800(d) and (e).)
1)
One CPDU shall be equivalent to 1 clock hour of credit under the system
to be implemented July 1, 2014.
2)
One semester hour of college coursework from a regionally accredited
institution of higher education shall be equivalent to 15 clock hours under
the system to be implemented July 1, 2014.
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3)
fg)
Completion of any of the activities listed in Section 25.800(e) shall fulfill
all or a portion of the professional development required.in accordance
with provisions of Section 25.875 of this Part, provided that the activity
described in subsection (h) of that Section shall not be used to generate
CPDUs for holders of the educator license with stipulations endorsed for
career and technical educator and references to Section 21-14 of the
School Code [105 ILCS 5/21-14] are not applicable in the case of the
educator license with stipulations endorsed for career and technical
educator.
The provisions of Sections 25.855 and, 25.860, 25.865, and 25.872 of this Part
shall apply to the awarding of creditCPDUs for activities offered by approved
providers, provided that:
1)
the references to Section 21B-4521-14 of the School Code are not
applicable to the educator license with stipulations endorsed for career and
technical educator; and
2)
references to Subpart J of this Part shall be understood as referring to this
Section where necessary to the context.
gh)
Each educator license with stipulations endorsed for career and technical educator
shall be maintained as "valid and active" or "valid and exempt" for each school
yearsemester of its validity. Periods of exemption and proportionate reductions in
the requirements for continuing professional development shall be determined as
discussed in Section 25.880(a) of this Part. In addition, individuals holdingthe
number of continuing professional development units needed to renew the
educator license with stipulations endorsed for career and technical educator who
are working in a position for less thanshall be reduced by 50 percent of full-time
equivalency in any particular school year shall be considered to be exempt and
shall be required to pay only the registration fee in order to renew and maintain
the validity of the license (Section 21B-45(e)(5) of the School Code)for any
amount of time during which the licensee has been employed and performing
services on a part-time basis, i.e., for less than 50 percent of the school day or
school term.
i)
Credit earned for any activity that is completed (or for which the licensee receives
evidence of completion) on or after April 1 of the final year of validity of an
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educator license with stipulations endorsed for career and technical educator, if
not claimed with respect to that period of validity, may be carried over and
claimed in the subsequent period of validity, provided that the activity in question
is relevant to the requirements that apply to that period.
hj)
Each licensee shall:
1)
enter into ELIS any credit earned on or after July 1, 2014, including the
name of the activity completed, the date on which it occurred, the number
of professional development hours received and the name of the provider
not later than 60 days after the activity is completedmaintain the required
form of evidence of completion for each activity throughout the period of
validity that follows the renewal of the educator license with stipulations
endorsed for career and technical educator based on completion of the
activities documented; and
2)
at the time of license renewal, electronically sign a statement in ELIS,
assuring that he or she has completed the professional development
required to renew the licensepresent the evidence of completion upon
request by the regional superintendent or a representative of the State
Board of Education or if required as part of an appeal under Section
25.840 of this Part.
i)
Beginning July 1, 2015, a licensee who fails to enter into ELIS his or her
completed professional development within the timeline set forth in subsection (h)
shall be unable to include credit for those activities among the clock hours needed
to satisfy renewal requirements.
k)
Each holder of an educator license with stipulations endorsed for career and
technical educator shall apply for renewal of that license as set forth with respect
to professional educator licenses in Section 25.830 of this Part, including the
submission of a statement of assurance that conforms to the requirements of
subsection (b) of that Section, except that:
1)
each statement of assurance for license renewal shall be submitted to the
regional superintendent of schools, regardless of whether a local
professional development committee is in operation in the employing
district; and
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2)
l)
Within 14 days after receiving a statement of assurance for the renewal of an
educator license with stipulations endorsed for career and technical educator, the
regional superintendent shall forward to the State Educator Preparation and
Licensure Board a recommendation for renewal or nonrenewal in a format
prescribed by the State Superintendent of Education.
1)
2)
jm)
references to professional educator licenses in that Section shall be
understood to apply to an educator license with stipulations endorsed for
career and technical educator as necessary to the context.
The regional superintendent shall transmit a list identifying all the
licensees with respect to whom the regional superintendent is
recommending renewal of an educator license with stipulations endorsed
for career and technical educator, along with verification that:
A)
each licensee has completed professional development or
otherwise qualifies for renewal of the educator license with
stipulations endorsed for career and technical educator in
accordance with this Section; and
B)
each licensee has submitted the statement of assurance required in
accordance with subsection (k) of this Section.
If the recommendation is not to renew the educator license with
stipulations endorsed for career and technical educator, or if information
provided on the statement of assurance makes the individual subject to the
requirements of any of Sections 25.485 through 25.491 of this Part, the
licensee's copy shall be sent concurrently by certified mail, return receipt
requested. Each recommendation for nonrenewal shall include the
regional superintendent's rationale.
A licensee with respect to whom the State Superintendent of Educationa regional
superintendent has recommended nonrenewal of the educator license with
stipulations endorsed for career and technical educator due to failure to complete
the professional development requirements set forth in this Section may appeal to
the State Educator Preparation and Licensure Board (SEPLB) within 30 days after
receipt of the notice of nonrenewal in accordance with the provisions of Section
25.84025.835(h) of this Part, except that references to the requirements of Section
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21B-45(m)21-14 of the School Code shall not apply in the case of the educator
license with stipulations endorsed for career and technical educator.
kn)
lo)
Within 90 days after receiving the appeal, the SEPLBThe State Educator
Preparation and Licensure Board shall review the State Superintendent's
recommendationregional superintendents' recommendations regarding the
renewal of the educator licenselicenses with stipulations endorsed for career and
technical educator and notify the affected licenseelicensees in writing as to
whether his or her license hastheir licenses have been renewed or not renewed.
This notification shall be by certified mail, return receipt requested, and shall
occurtake place within 3090 days after the SEPLB makes its determinationState
Educator Preparation and Licensure Board receives regional superintendents'
recommendations, subject to the right of appeal set forth in this subsection (kn).
1)
Within 60 days after receipt of an appeal filed by a licensee challenging
the State Superintendent'sa regional superintendent's recommendation for
nonrenewal, the SEPLBState Educator Preparation and Licensure Board
shall determine whether it will hold an appeal hearing or make a
determination based on the information outlined in Section 21B-45(m)(2)
of the School Code. If a hearing will be held, theThe Board shall notify
the licensee of the date, time, and place of the hearing.
2)
The licensee shall submit to the SEPLBState Educator Preparation and
Licensure Board any additional information as the Board determines is
necessary to decide the appeal.
3)
The SEPLBState Educator Preparation and Licensure Board may request
that the licensee appear before it. The licensee shall be given at least 10
days' notice of the date, time, and place of the hearing.
4)
In verifying whether the licensee has met the renewal criteria set forth in
this Section, the SEPLBState Educator Preparation and Licensure Board
shall review the recommendation of the State Superintendentregional
superintendent of schools and all relevant documentation.
The SEPLBState Educator Preparation and Licensure Board shall notify the
licensee in writing, within 30seven days after reaching a decisioncompleting its
review, as to whether the educator license with stipulations endorsed for career
and technical educator has been renewed. Upon receipt of notification of renewal,
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the licensee shall pay the applicable registration fee for the next 5-year renewal
cycle using ELISto the regional superintendent. If the decision is not to renew the
license, the notice to the licensee shall be transmitted by certified mail, return
receipt requested, and shall state the reason for the decision. The decision of the
SEPLBState Educator Preparation and Licensure Board is final and subject to
administrative review as set forth in Section 21B-70 of the School Code [105
ILCS 5/21B-70].
mp)
An individual whose educator license with stipulations endorsed for career and
technical educator is not renewed because of his or her failure to meet the
requirements of this Section may renew the license once it has lapsed (i.e., on
September 1 of the calendar year in which the license expiredhas been expired for
six months or more) if he or she has paid all back fees, including registration fees,
owed and:
1)
either paid the penalty or completed the coursework required under
Section 21B-4521-14 of the School Code, the latter of which shall not be
counted as both satisfying the penalty and meeting the professional
development owed; [105 ILCS 5/21-14]. Until that time, the individual
shall receive a renewable educator license with stipulations endorsed for
career and technical educator only if he or she pays any back fees owed
and
2)
presentedpresents evidence of having completed the balance of the
professional development activities that were required for renewal of the
license previously held.
nq)
The provisions of Section 25.840(e)25.840(d) of this Part shall apply to the
renewal of the educator license with stipulations endorsed for career and technical
educator.
or)
An individual who performs services on an educator license with stipulations
endorsed for career and technical educator and concurrently also on a professional
educator license that is subject to renewal requirements shall be subject to the
provisions of Subpart JSection 25.475 of this Part.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
SUBPART D: SCHOOL SUPPORT PERSONNEL
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Section 25.275 Renewal of the Professional Educator License Endorsed for School Support
Personnel (Repealed)
The requirements set forth in this Section apply to renewal of professional educator licenses
endorsed for school support personnel (SSP) in accordance with Section 21-25 of the School
Code [105 ILCS 5/21-25].
a)
Pursuant to Section 21-25 of the School Code, the renewal of professional
educator licenses endorsed for school support personnel held by individuals
employed and performing services in certain types of public schools is contingent
upon licensees' presentation of evidence of continuing professional development.
Renewal of any affected professional educator licenses endorsed for SSP whose
period of validity begins on or after July 1, 2008 shall require the licensee's:
1)
b)
possession of one of the State professional licenses identified in Section
21-25(e) of the School Code, that is:
A)
current licensure as either a clinical professional counselor or a
professional counselor under the Professional Counselor and
Clinical Professional Counselor Licensing and Practice Act [225
ILCS 107];
B)
current licensure as either a clinical social worker or a social
worker under the Clinical Social Work and Social Work Practice
Act [225 ILCS 20]; or
C)
current licensure as a speech-language pathologist under the
Illinois Speech-Language Pathology and Audiology Practice Act
[225 ILCS 110]; or
2)
possession of one of the national certifications identified in Section 2125(e) of the School Code; or
3)
completion of sufficient professional development activities to satisfy the
requirements of Section 21-25 of the School Code.
An individual who wishes to qualify for license renewal based on professional
licensure or national certification as permitted by Section 21-25 of the School
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Code shall maintain documentation related to the relevant license or certificate,
including its date of issue, period of validity, and issuing body. This information
shall be included in the individual's application for license renewal in place of the
statement of assurance called for in subsection (k) of this Section.
c)
Completion of the certification process conducted by the National Board for
Professional Teaching Standards (NBPTS) may be used to fulfill the entire
requirement for professional development under subsection (a)(2) of this Section
for the renewal cycle during which completion occurs. Evidence of completion of
this process shall be the inclusion of the licensee's name on NBPTS' composite
list of those who have completed the certification process (as distinct from having
received certification).
d)
Except as provided in subsections (b) and (c) of this Section, each professional
development activity used to fulfill the requirements of this Section shall be
required to address one or more of the purposes set forth in Section 21-25(e) of
the School Code, and four of the five purposes must be addressed. No later than
60 days after the State Board of Education votes to establish or change the list of
areas determined by the Board to be critical for all school support personnel
(Section 21-25 of the School Code), the State Superintendent of Education shall
notify each school district superintendent, each regional superintendent of
schools, and any organization that requests this notification. The notice shall
include a list of the areas and state the date upon which the list takes effect.
e)
CPDUs shall be generated for completion of activities in accordance with the
provisions of Section 25.875 of this Part, provided that, as necessary to the
context:
1)
references to Section 21-14 of the School Code shall be understood to
mean the comparable provisions of Section 21-25 of the School Code;
2)
references to teachers, teaching, and instruction shall be understood to
mean holders of a professional educator license endorsed for school
support personnel and their performance of services;
3)
references to the classroom shall be understood to mean the setting where
services are provided;
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f)
g)
4)
references to classes directly taught by the licensee (Section 25.875(e) and
(n) of this Part) shall be understood to mean students directly served by
the licensee;
5)
references specific to the supervision or preparation of candidates for
professional educator licenses endorsed for teaching (Section 25.875(h)
and (m) of this Part) shall be understood to mean the supervision or
preparation of candidates for the school support personnel endorsement;
6)
references to content-area standards (Section 25.875(i) of this Part) shall
be understood to mean the relevant standards set forth at 23 Ill. Adm.
Code 23 (Standards for the School Service Personnel Certificate); and
7)
the reference to State priorities (Section 25.875(k) of this Part) shall be
understood to mean the critical areas identified by the State Board of
Education pursuant to Section 21-25(e)(2) of the School Code.
The provisions of Sections 25.855, 25.860, 25.865, and 25.872 of this Part shall
apply to the awarding of CPDUs for activities offered by providers, provided that,
as necessary to the context:
1)
references to Section 21-14 of the School Code shall be understood to
mean the comparable provisions of Section 21-25 of the School Code;
2)
references to Subpart J of this Part shall be understood as referring to this
Section; and
3)
references to teachers shall be understood to include holders of the
professional educator license endorsed for school support personnel.
Each school support personnel endorsement on a professional educator license
shall be maintained as "valid and active" or "valid and exempt" for each semester
of its validity. Periods of exemption and proportionate reductions in the
requirements for continuing professional development shall be determined as
discussed in Section 25.880(a) of this Part. In addition:
1)
the number of continuing professional development units needed to renew
the license shall be reduced by 50 percent for any amount of time during
which the licensee has been employed and performing services on a part-
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time basis, i.e., for less than 50 percent of the school day or school term;
and
2)
a licensee who is employed as a substitute on a part-time basis or a dayto-day basis shall only be required to pay the registration fee in order to
renew his or her license (Section 21-25(e) of the School Code).
h)
Credit earned for any activity that is completed (or for which the licensee receives
evidence of completion) on or after April 1 of the final year of a license's validity,
if not claimed with respect to that period of validity, may be carried over and
claimed in the subsequent period of validity, provided that the activity in question
is relevant to the requirements that apply to that period.
i)
Each licensee shall:
1)
maintain the required form of evidence of completion for each activity
throughout the period of validity that follows the renewal of the license
based on completion of the activities documented; and
2)
present the evidence of completion upon request by the regional
superintendent or a representative of the State Board of Education or if
required as part of an appeal under this Section.
j)
Each holder of a professional educator license endorsed for SSP shall seek
renewal of that license as set forth with respect to teaching licenses in Section
25.830 of this Part, including the submission of a statement of assurance that
conforms to the requirements of subsection (b) of that Section, except that each
statement of assurance for license renewal shall be submitted to the regional
superintendent of schools, regardless of whether a local professional development
committee is in operation in the employing district.
k)
Within 14 days after receiving a statement of assurance for the renewal of a
professional educator license endorsed for school support personnel, the regional
superintendent shall forward to the SEPLB a recommendation for renewal or
nonrenewal in a format prescribed by the State Superintendent of Education.
1)
The regional superintendent shall transmit a list identifying all the
licensees with respect to whom the regional superintendent is
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recommending renewal of the professional educator license endorsed for
SSP, along with verification that:
2)
A)
each licensee has completed professional development or
otherwise qualifies for license renewal in accordance with the
requirements of Section 21-25 of the School Code and this Section;
and
B)
each licensee has submitted the statement of assurance required in
accordance with subsection (j) of this Section.
If the recommendation is not to renew the license held, or if information
provided on the application makes the individual subject to the
requirements of any of Sections 25.485 through 25.491 of this Part, the
licensee's copy shall be sent concurrently by certified mail, return receipt
requested. Each recommendation for nonrenewal shall include the
regional superintendent's rationale.
l)
A licensee with respect to whom a regional superintendent has recommended
nonrenewal of the professional educator license endorsed for SSP may appeal to
the SEPLB in accordance with the provisions of Section 25.835(h) of this Part,
except that the requirements of Section 21-25 of the School Code shall be
understood to apply rather than those established by Section 21-14 of the School
Code.
m)
The SEPLB shall review regional superintendents' recommendations regarding
the renewal of the professional educator licenses endorsed for SSP and notify the
affected licensees in writing as to whether their licenses have been renewed or not
renewed. This notification shall take place within 90 days after the SEPLB
receives regional superintendents' recommendations, subject to the right of appeal
set forth in this subsection (m).
1)
Within 60 days after receipt of an appeal filed by a licensee challenging a
regional superintendent's recommendation for nonrenewal, the SEPLB
shall hold an appeal hearing. The Board shall notify the licensee of the
date, time, and place of the hearing.
2)
The licensee shall submit to the SEPLB any additional information as the
SEPLB determines is necessary to decide the appeal.
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3)
The SEPLB may request that the licensee appear before it. The licensee
shall be given at least 10 days' notice of the date, time, and place of the
hearing.
4)
In verifying whether the licensee has met the renewal criteria set forth in
Section 21-25 of the School Code, the SEPLB shall review the
recommendation of the regional superintendent of schools and all relevant
documentation.
n)
The SEPLB shall notify the licensee in writing, within seven days after
completing its review, as to whether the professional educator license endorsed
for SSP has been renewed. Upon receipt of notification of renewal, the licensee
shall pay the applicable registration fee to the regional superintendent. If the
decision is not to renew the license, the notice to the licensee shall be transmitted
by certified mail, return receipt requested, and shall state the reason for the
decision. The decision of the SEPLB is final and subject to administrative review
as set forth in Section 21-24 of the School Code [105 ILCS 5/21-24].
o)
An individual whose license is not renewed because of his or her failure to meet
the requirements of Section 21-25 of the School Code and this Section may renew
the license once it has lapsed (i.e., been expired for six months or more) if he or
she has paid all back fees, including registration fees, owed and either paid the
penalty or completed the coursework required under Section 21-14(a) of the
School Code [105 ILCS 5/21-14(a)]. Until that time, the professional educator
license endorsed for SSP shall be renewed only if the individual pays any back
fees owed and presents evidence of having completed the balance of the
professional development activities that were required for renewal of the license
previously held.
p)
The provisions of Section 25.840(d) of this Part shall apply to the renewal of the
professional educator license endorsed for school support personnel.
q)
An individual who performs services both on a professional educator license
endorsed for SSP and concurrently on some other type of license or other
endorsement on the professional educator license to which renewal requirements
apply shall be subject to the provisions of Section 25.475 of this Part.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
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SUBPART E: REQUIREMENTS FOR THE LICENSURE OF
ADMINISTRATIVE AND SUPERVISORY STAFF
Section 25.315 Renewal of Administrative Endorsement (Repealed)
The requirements set forth in this Section apply to renewal of professional educator licenses
endorsed for administrative positions (i.e., general administrative, principal, chief school
business official, general supervisory or superintendent) in accordance with Section 21-7.1 of the
School Code [105 ILCS 5/21-7.1].
a)
Professional Development Required
Pursuant to Section 21-7.1 of the School Code, renewal of professional educator
licenses endorsed for administrative positions held by public school
administrators who are serving in positions requiring administrative endorsements
is contingent upon the licensees' presentation of evidence of continuing
professional education. For the purposes of this Section, the terms "continuing
professional education" and "continuing professional development" shall be
considered synonymous. Renewal of a professional educator license endorsed for
any affected administrative positions shall require the licensee's completion of
professional development activities sufficient to satisfy the requirements of
Section 21-7.1 of the School Code and presentation, upon request by the regional
superintendent or a representative of the State Board of Education or if required
as part of an appeal under this Section, of evidence of completion of the activities.
b)
Each activity shall be required to address one or more of the following purposes:
c)
1)
improving the administrator's knowledge of instructional practices and
administrative procedures;
2)
maintaining the basic level of competence required for licensure; and
3)
improving skills and knowledge regarding the improvement of teaching
performance in clinical settings and assessment of levels of student
performance. (Section 21-7.1 of the School Code)
Activities selected to fulfill the requirement for 100 hours of professional
development (see Section 21-7.1(c-10) of the School Code) shall be subject to the
provisions of this subsection (c).
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1)
2)
d)
Activities chosen for this purpose may include but need not be limited to:
A)
Completion of college/university courses;
B)
Participation in state and national conferences of professional
organizations or in workshops, seminars, symposia, or other,
similar training events;
C)
Teaching college/university courses or making presentations at
conferences, workshops, seminars, symposia, or other, similar
training events;
D)
Providing formal mentoring to one or more other administrators;
E)
Independent study; and
F)
Other activities related to the Illinois School Leader Standards and
other applicable standards (see 23 Ill. Adm. Code 29) such as
developing or revising school programs, participating in
Administrators' Academy courses, research, and other, similar
projects.
Continuing professional development hours for the activities chosen
pursuant to this subsection (c) shall be credited as follows.
A)
Fifteen hours shall be credited for each semester hour of college
credit earned.
B)
One hour shall be credited for each hour of the administrator's
direct participation in a relevant activity other than college
coursework, as verified by a log the administrator shall maintain
and present upon request by the regional superintendent or a
representative of the State Board of Education, or if required as
part of an appeal under this Section, describing what was done
with respect to each activity, with dates and amounts of time spent
in each case.
Required Administrators' Academy Courses
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e)
1)
An individual who fails to complete an Administrators' Academy course
in a given year as required by Section 21-7.1(c-10)(B) of the School Code
shall be required to complete two courses for each one missed. He or she
may make these up at any time during the remainder of the license's
validity or prior to the reinstatement of a certificate that has lapsed
pursuant to Section 25.450 of this Part.
2)
Each administrator who completes an Administrators' Academy course
shall receive written, dated verification that indicates the title of the course
and the number of hours to be credited toward the applicable requirement.
Renewal of License
1)
Each statement of assurance for renewal of a professional educator license
endorsed for an administrative position, other than a statement of
assurance of a regional superintendent of schools, shall be submitted to the
regional superintendent and shall be accompanied by a verification format
developed by the State Board of Education certifying that the required
number of hours of professional development activities and the required
number of Administrators' Academy courses have been completed.
(Section 21-7.1(c-10) of the School Code) A licensee who fails to submit
this material so as to ensure its receipt by the regional superintendent no
later than April 30 may not be able to preserve his or her right of appeal
under subsection (f) of this Section.
2)
Based on the available information regarding the individual's compliance
with the requirements for license renewal set forth in this Section, the
regional superintendent shall, within 30 days after receipt of an
individual's statement of assurance, forward a recommendation for
renewal or non-renewal of the license to the State Superintendent of
Education and notify the licensee in writing of that recommendation.
3)
A licensee who is a regional superintendent of schools shall submit the
verification format referred to in subsection (e)(1) of this Section to the
State Superintendent of Education along with his or her application for
license renewal.
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f)
4)
Within 30 days after receiving a statement of assurance, the State
Superintendent of Education shall notify the affected licensee as to
whether the license has been renewed or not renewed, including the
rationale for nonrenewal. Upon receipt of notification of renewal, the
licensee shall pay the applicable registration fee to the regional
superintendent, except that a regional superintendent shall deposit his or
her own fee in the region's institute fund.
5)
An individual whose license is not renewed because of his or her failure to
complete professional development in accordance with this Section may
renew the license once it has lapsed (i.e., been expired for six months) if
he or she has paid all back fees, including registration fees, owed and
either paid the penalty or completed the coursework required under
Section 21-14 of the School Code [105 ILCS 5/21-14]. Until that time,
the professional educator license endorsed for an administrative position
may be renewed only if the individual pays any back fees owed and
presents evidence of having made up activities missed during the
preceding renewal cycle by completing the requirements of subsection
(e)(5)(A) of this Section, subsection (e)(5)(B) of this Section, or both, as
applicable.
A)
The licensee shall complete two Administrators' Academy courses
for each year during which he or she failed to complete one, if not
already made up as discussed in subsection (d)(1) of this Section.
B)
If the licensee fails to complete the applicable number of
professional development activities or hours, he or she shall
complete the balance of that requirement and ten additional hours
of professional development meeting the requirements of
subsections (b) and (c) of this Section.
Appeal to SEPLB
Within 14 days after receipt of notice from the State Superintendent that his or her
license will not be renewed based upon failure to complete the requirements of
this Section, a licensee may appeal that decision to the SEPLB by submitting a
letter requesting a hearing to the State Board of Education.
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1)
Each appeal shall state the reasons why the State Superintendent's decision
should be reversed and shall be sent by certified mail, return receipt
requested.
A)
Appeals shall be addressed to:
State Educator Preparation and Licensure Board Secretary
100 North First Street
Springfield, Illinois 62777
2)
3)
4)
B)
No electronic or facsimile transmissions will be accepted.
C)
Appeals postmarked later than 14 calendar days after receipt of the
non-renewal notice will not be processed.
In addition to the appeal letter, the licensee shall submit the following
material when the appeal is filed:
A)
evidence that he or she has satisfactorily completed the required
types and quantity of activities; and
B)
any other relevant documents.
The SEPLB shall review each appeal regarding renewal of a license in
order to determine whether the licensee has met the requirements of this
Section. The SEPLB may hold an appeal hearing or may make its
determination based upon the record of review, which shall consist of:
A)
the regional superintendent's rationale for recommending
nonrenewal of the license, if applicable;
B)
any evidence submitted to the State Superintendent along with the
individual's statement of assurance for renewal; and
C)
the State Superintendent's rationale for non-renewal of the license.
If the SEPLB holds an appeal hearing, it may request the licensee to
appear before it, in which case no less than ten days' notice of the date,
time, and place of the hearing shall be given to the affected individual.
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g)
5)
The licensee shall submit to the SEPLB such additional information as the
SEPLB determines is necessary to decide the appeal.
6)
The SEPLB shall notify the licensee of its decision regarding license
renewal by certified mail, return receipt requested, no later than 30 days
after reaching a decision. Upon receipt of notification of renewal, the
licensee shall pay the applicable registration fee to the regional
superintendent, except that a regional superintendent shall deposit his or
her own fee in the region's institute fund.
7)
The SEPLB shall not renew any license if information provided on the
statement of assurance makes the holder subject to the requirements of any
of Sections 25.485 through 25.491 of this Part. The decision of the
SEPLB is a final administrative decision and shall be subject to
administrative review as set forth in Section 21B-90 of the School Code
[105 ILCS 5/21B-90].
Proportionate Reduction; Part-Time Service
The requirements of this Section regarding continuing professional development
are subject to reduction in accordance with Section 21-7.1(c-15) of the School
Code.
1)
The requirements of this Section shall be subject to reduction on the same
annual basis as provided in Section 21-7.1(c-15) of the School Code in
relation to years when a licensee is not employed in a position requiring
administrative endorsement.
2)
The number of hours required under subsection (c) of this Section shall
also be reduced by 50 percent with respect to periods of time when a
licensee is serving on an administrative endorsement only and performing
services for less than 50 percent of the school day or school term, unless
the individual is one whose continued retirement status is subject to the
limitations of Section 16-118 of the Illinois Pension Code [40 ILCS 5/16118]. Each of these individuals shall be subject only to the requirement
for completion of one Administrators' Academy course for each year
during which he or she is employed on the administrative endorsement,
provided that his or her employment does not exceed the limitations of
Section 16-118.
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h)
An individual who performs services on an administrative endorsement and
concurrently also on some other type of endorsement affixed to the professional
educator license to which renewal requirements apply shall be subject to the
provisions of Section 25.475 of this Part.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.345 Endorsement for Chief School Business Official
This endorsement is required for chief school business officials. (See also 23 Ill. Adm. Code
29.110.)
a)
Each candidate for the chief school business official's endorsement shall hold a
master's degree or equivalent awarded by a regionally accredited institution of
higher education. For the purposes of this subsection (a), "equivalent" shall mean
the completion of a degree beyond the bachelor's degree level (e.g., juris doctor
(J.D.), doctor of philosophy (Ph.D.), doctor of education (Ed.D.)).
b)
Each candidate, other than a candidate whose master's degree was earned in
business administration, finance, or accounting (Section 21B-25(2)(c)217.1(e)(3) of the School Code [105 ILCS 5/21B-25(2)(c)21-7.1(e)(3)]), shall have
completed 24 semester hours of graduate coursework in an Illinois program
approved for the preparation of school business officials pursuant to Subpart C of
this Part or a comparable approved program in another state or country or hold a
comparable certificate or license issued by another state or country (see Section
25.425 of this Part) and either have:
c)
1)
two years' full-time administrative experience in school business
management (Section 21B-25(2)(c)21-7.1(e)(3) of the School Code); or
2)
two years of university-approved practical experience.
Each candidate whose master's degree was earned in business administration,
finance, or accounting shall complete an additional six semester hours of
internship in school business management from a regionally accredited institution
of higher education (Section 21B-25(2)(c)21-7.1(e)(3) of the School Code) that is
conducted under the supervision of an individual who holds a current Illinois
endorsement for chief school business official or who serves as the school
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district's chief financial officer. Institutions may consider a candidate's work
experience in a school business office that is comparable to the responsibilities of
a chief school business official as meeting a portion or all of the six-semesterhour internship requirement. For purposes of this subsection (c), one semester
hour shall be equivalent to a minimum of 15-clock hours of experience that a
candidate documents as completing.
d)
Each candidate shall be required to pass the applicable content-area test (see
Section 25.710 of this Part), as well as the test of basic skills pursuant to Section
25.720 of this Part.
e)
Nothing in this Section is intended to preclude the candidate from seeking the
issuance of an educator license with stipulations endorsed for provisional educator
under Section 21B-20 of the School Code in the event that he or she has failed to
meet one or more of the requirements for a professional educator license endorsed
for chief school business official.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
SUBPART F: GENERAL PROVISIONS
Section 25.400 Registration of Licenses; Fees
Section 21B-40 of the School Code [105 ILCS 5/21B-40] requires the registration of an
individual's educator license (i.e., professional educator license, educator license with
stipulations or substitute teaching license) and establishes the amount of the registration fee to be
paid for each full or partial year in the license's validity period. An individual shall register the
license immediately (i.e., no later than six months) after the date on which the license initially
was issued and between April 1 and June 30 in the last yearat the beginning of each 5-year
renewal cycle (i.e., July 1). (See Sections 21B-40(a)(4) and 21B-45(k) of the School Code.)
Registration fees and requirements applicable in specified situations shall be as set forth in this
Section.
a)
An individual shall pay a separate fee to register each license held (i.e.,
professional educator license, educator license with stipulations or substitute
teaching license) for the license's period of validity (i.e., the time period during
which the license is valid). An individual who does not hold an educator license
but who has an approval issued pursuant to this Part is not subject to the
requirements of this Section.
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b)
An individual is required to register his or her license in each region where he or
she teaches or in any county of the State, if the individual is not yet employed, but
is required to pay a registration fee in only one region. Therefore, an individual
who moves from one region to another after paying a registration fee for a
particular period of time:
1)
shall be required to register his or her license in the new region; but
2)
shall not be required to pay any additional registration fee.
c)
When a registration fee is paid, the amount due shall be the amount required to
register the license for its entire period of validity.
d)
Pursuant to Section 25.450 of this Part, a licensee may immediately
reinstaterenew the license if it has lapsed (i.e., been expired for a period of six
months or more due to failure to register the license) by payment of all
accumulated registration fees and either payment of the penalty or completion of
the coursework required under Section 21B-4521-14(a) of the School Code. The
amount due for each year in the renewal cycle shall be the fee that was in effect at
that time, rather than the annual amount applicable at the time when the fees are
paid.
e)
The provisions of subsection (d) do not apply to individuals who are ineligible to
register their licenses due to the renewal requirements set forth in Section 21B-45
of the School Code and Subpart J not being met by September 1 of the year in
which the license expired. A license subject to this subsection (e) shall be
immediately (i.e., within six months) reinstated:
1)
upon payment of all accumulated registration fees;
2)
either payment of the penalty or completion of the coursework required
under Section 21B-45, the latter of which shall not be counted as both
satisfying the penalty and meeting the professional development owed;
and
3)
completion of any outstanding professional development activities
required for renewal.
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fe)
The amount of the fee that was in effect for any given year shall remain in effect
for that year, regardless of when the fee is paid.
g)
In accordance with Section 21B-45(e)(5), a licensee working in a position that
does not require a professional teaching license or an educator license with
stipulations or working in a position for less than 50 percent of full-time
equivalency for any particular school year is considered to be exempt and shall
be required to pay only the registration fee in order to renew and maintain the
validity of the license.
h)
In accordance with Section 21B-45(e)(6), a licensee with a license in retired status
shall not be required to pay registration fees until returning to a position that
requires educator licensure, at which time the licensee shall immediately pay a
registration fee and complete renewal requirements for that year. (See Subpart J
regarding renewal requirements.)
i)
An unregistered license is invalid after September 1 for employment and
performance of services in an Illinois public or State-operated school or
cooperative and a charter school. (Section 21B-45(a) of the School Code)
jf)
The other provisions of this Section notwithstanding, no fee paid in connection
with the registration of one or more licenses shall have the effect of extending the
period of validity of any other license that is subject to additional renewal
requirements that have not been met.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.450 Lapsed Licenses
a)
A lapsed license is a professional educator license or an educator license with
stipulations endorsed for career and technical educator for which renewal
requirements have not been completedone that has not been registered or renewed
by September 1 of the year in which it expired, or a professional educator license
or an educator license with stipulations endorsed for paraprofessional educator
that has not been registered for a period of six or more months since the
expiration of its last registration. For purposes of this Section, the licenses listed
in subsections (a)(1) through (3) do not lapse.
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b)
cb)
1)
A professional educator license exchanged for a certificate that was issued
between July 1, 1929 and July 1, 1951.
2)
A substitute teaching license issued under Section 21B-20(3) of the School
Code.
3)
An educator license with stipulations issued under Section 21B-20(2) of
the School Code endorsed in an area other than career and technical
educator or paraprofessional educator.
In accordance with Section 21B-45(a)21-14(a) of the School Code, a lapsed
license shall be immediately (i.e., within six months) reinstatedrenewed if the
individual pays any back fees, including all registration fees, that he or she owes
and either:
1)
pays a $500 penalty or, if the individual holds only an educator license
with stipulations endorsed for paraprofessional educator, a $150 penalty;
or
2)
provides evidence of completing nine semester hours of coursework from
a regionally accredited institution of higher education in the content area
that most aligns with one or more of the educator's endorsement area or
areas [105 ILCS 5/21B-45(b)21-14(a)], which shall not be counted as
both satisfying the penalty and meeting any professional development
owed under subsection (b)(3) of this Section. For the purposes of this
subsection (a)(2), coursework may include content or methods classes for
cross-categorical special education, reading, English language learners
(i.e., bilingual education, English as a Second Language or English as a
New Language); and
3)
for those licensees whose licenses lapsed on September 1 due to failure to
complete renewal requirements, completes all outstanding professional
development activities required for renewal.
The penalty referenced in subsection (b)(1)(a)(1) of this Section cannot be paid in
advance of the individual's license lapsing. In other words, once the license
expires due to failure to pay registration fees or complete license renewal
requirements, the individual has the option of:
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1)
2)
if the license expired due to failure to pay registration fees and the license
has not yet lapsed;
A)
waiting six months before paying the penalty or presenting
evidence of completing the coursework required under subsection
(b)(2); or(a) of this Section
B)
paying all registration fees owed; or
if the expired license expired due to failure to complete renewal
requirements and the license has not yet lapsed, completing the applicable
renewal requirements and/or paying all registrationback fees owed.
dc)
Any coursework completed within five years prior toof the date in which an
applicant submits a renewal request may be counted toward meeting the
requirements of subsection (b)(2)(a)(2) of this Section.
d)
An individual whose license has lapsed due to failure to complete any renewal
requirements set forth in Section 21-14, 21-7.1 or 21-25 of the School Code and
this Part is not required to complete those requirements in order to reinstate his or
her license, provided that he or she completes one of the options set forth in
subsection (a) of this Section.
e)
Certificates issued between July 1, 1929 and July 1, 1951 and exchanged for a
professional educator license do not lapse.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.475 Renewal Requirements for Holders of Multiple Types of Endorsements on a
Professional Educator License (Repealed)
Special provisions shall apply when an individual is performing services on multiple
endorsements on a professional educator license of different types that are subject to renewal
requirements, i.e., teaching, school support personnel and administrative. The provisions of this
Section also apply to individuals who hold an educator license with stipulations endorsed for
career and technical educator. Completion of one set of requirements shall suffice for renewal of
all the affected endorsements types on the professional educator license.
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a)
b)
When two types of endorsements or licenses are being used at the same time, the
endorsement type used by the individual for 50 percent or more of the school day
or school term shall govern the continuing professional development required of
the individual with respect to that period of time.
1)
Example: An individual who performs duties on the administrative
endorsement on professional educator license for 60 percent of the time
and teaches for 40 percent of the time on an endorsement for a teaching
field or educator license with stipulations endorsed for career and
technical educator shall be subject only to the requirements of Section
25.315 of this Part with regard to continuing professional development.
2)
Example: An individual who serves on a school support personnel
endorsement for 60 percent of the time and performs duties on the
administrative endorsement for 40 percent of the time shall be subject only
to the requirements of Section 25.275 of this Part with regard to
continuing professional development.
3)
Example: An individual who performs services for 50 percent of the time
on an educator license with stipulations endorsed for career and technical
educator and 50 percent of the time on a school support personnel
endorsement on a professional educator license shall choose either the
requirements of Section 25.70 or those of Section 25.275 of this Part to
fulfill.
If an individual is serving on more than two types of endorsements or licenses at
the same time, he or she shall be subject to the requirements that apply to the
endorsement or license type used for the greatest share of the time. If multiple
endorsement or license types are used for equivalent shares of an individual's
time, the individual shall choose one set of requirements to fulfill.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.497 Supervisory Endorsements
A professional educator license endorsed for any of the areas listed in Section 25.43(a) of this
Part or school support personnel may be endorsed for supervision in accordance with the
provisions of Section 21-4 or 21-25 of the School Code, as applicable, provided that the licensee
completes eight semester hours of graduate professional education, which required by the
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relevant Section shall include at least one course that relates primarily and explicitly to the
supervision of personnel and one course that relates primarily and explicitly to the administration
and organization of schools. A supervisory endorsement affixed to a professional educator
license shall be identified by subject area, to reflect the individual's major area of specialization.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
SUBPART G: PARAPROFESSIONALS;
OTHER PERSONNEL
Section 25.550 Approval of Educational Interpreters
Each educational interpreter who serves students with hearing loss in the public schools shall be
of good character, as defined in Section 21B-15 of the School Code. Each educational
interpreter shall be subject to that portion of Section 24-5 of the School Code that requires
physical fitness and freedom from tuberculosis. Each educational interpreter shall hold a high
school diploma or its recognized equivalent and a statement of approval from the State
Superintendent of Education, which shall be identified as valid either for sign language
interpreting or for cued speech interpreting. Each individual who is required to hold a statement
of approval shall submit an application to the State Superintendent, along withaccompanied by
the fee required under Section 21B-40 of the School Code for those applicants who hold a
professional educator license and evidence that he or she meets the requirements applicable to
the type of approval sought.
a)
Approval Criteria
1)
Each applicant for approval as an educational interpreter either for sign
language interpreter or cued speech interpreter shall:
A)
have completed 60 semester hours of college credit from one or
more regionally accredited institutions of higher education; or
B)
hold an associate's degree issued by a regionally accredited
institution of higher education; or
C)
hold a high school diploma and have achieved the score identified
as passing by the Illinois State Board of Education on one of the
examinations for paraprofessionals discussed in Section 25.510(b)
of this Part; or
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D)
2)
b)
hold a high school diploma and have passed the written
examination administered by the Registry of Interpreters for the
Deaf (RID).
Each applicant for approval as a sign language interpreter also shall have:
A)
attained a rating of Level 3.5 or above on the Educational
Interpreter Performance Assessment (EIPA); or
B)
maintained a valid certification from the RID; or
C)
maintained a valid Illinois Board for Evaluation of Interpreters (IL
BEI) Basic Certification or higher issued by the Illinois Deaf and
Hard of Hearing Commission.
3)
Each applicant for approval as a cued speech interpreter also shall have
attained Transliteration Skills Certification at Level 3 or above.
4)
If the applicant is unable to provide evidence of meeting one of the criteria
set forth in subsection (a)(2) of this Section, a one-time, interim approval
shall be granted if each of the following conditions are met. The interim
approval is valid until June 30 following two years of the approval being
issued. The provisions of this subsection (a)(4) shall not apply to
individuals who held initial approval issued prior to June 30, 2013.
A)
The applicant shall provide evidence of meeting one of the criteria
listed in subsection (a)(1) of this Section.
B)
The applicant shall have attained a rating of at least Level 3.0 on
the EIPA.
Validity; Renewal
Approval shall be valid for five years, subject to the provisions of Section 21B-20
of the School Code, and shall be renewable upon presentation of evidence that,
during the five-year period of the approval's validity, the individual has:
completed 50 clock hours ofcontinuing professional development activitiesunits
(CPDUs). The number of CPDUs to be awarded for completion of specific
activities shall be as set forth in Section 25.875 of this Part, as applicable.
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c)
Continuing Professional Development
1)
An individual may accrue clock hoursunits of continuing professional
development in accordance with the provisions of Section 25.875(k) by
participating in conferences, workshops, institutes, seminars, symposia, or
other, similar training events that:
A)
are designed to improve the skills and knowledge of interpreters
for the deaf; or
B)
are organized by an entity that is approved pursuant to Section
25.855 or 25.860 of this Part and address educational concerns.
2)
An individual may accrue the required clock hourscredit for continuing
professional development in accordance with the provisions of Section
25.875(i) by completing college coursework that is part of an interpreter
training program offered by a regionally accredited institution of higher
education or an Illinois community college. Clock hours will be credited
based on 1 semester hour of college coursework being equivalent to 15
clock hours of professional development activities.
3)
Evidence of Completion
A)
EachAlong with his or her statement of approval, each individual
who will be required to complete professional
developmentcontinuing education as a condition of renewal shall
electronically sign a statement of assurance in ELIS attesting to
completion of the requiredbe furnished with a log format enabling
him or her to record the activities completed. For any activity
completed under subsection (c)(1) of this Section, the individual
shall retainpresent the evidence of completionattendance form
provided by the entity organizing the event, except that the
organizer's signature on the log form shall suffice in cases where
participants receive no other written verification of their
attendance.
B)
As evidence of completion offor college coursework, the
individual shall retainpresent a grade report or official transcript
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issued by the institution indicating that he or she has passed the
course or courses.
C)
d)
An educational interpreter who earned continued professional
development units (CPDUs) on or before June 30, 2014 shall have
those CPDUs converted to clock hours in accordance with Section
25.800(d).
Revocation or Suspension of Approval or other Permissible Sanction
The provisions of Section 25.510(e) of this Part shall apply to the revocation or
suspension of approval or other permissible sanction for educational interpreters.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
SUBPART J: RENEWAL OF PROFESSIONAL EDUCATOR LICENSES
ENDORSED IN A TEACHING FIELD
Section 25.800 Professional Development Required (Beginning July 1, 2014)
a)
Pursuant to SectionSections 21-14 and 21B-45 of the School Code [105 ILCS
5/21-14 and 21B-45], renewal of professional educator licenses endorsed in a
teaching, administrative or school support personnel field is contingent upon
licensees' presentation of proof of continuing education or professional
development activities. For the purposes of this Subpart J, "5-year renewal cycle"
for any license shall include the time from the date the license was initially issued
to June 30 following five years of the license being issued and every five years
thereafter, regardless of whether the total validity period exceeds five yearsthe
terms "continuing education" and "professional development" shall be considered
synonymous. Any portion of an additional year beyond five years that is included
in the 5-year renewal cycle shall not increase the amount of professional
development that a licensee is required to complete.
b)
Except as provided in Section 25.880 of this Part and in subsection (c)(d) of this
Section, renewal of an individual's professional educator license endorsed in a
teaching field shall require the licensee's completion of professional development
activities sufficient to satisfy the requirements of Section 21B-4521-14 of the
School Code [105 ILCS 5/21-14], as modified by Section 21-2(c)(8) of the School
Code [105 ILCS 5/21-2(c)(8)] if applicable. Each licensee shall:
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1)
enter the information required by Section 21B-45(e) of the School Code
into ELIS within the timelines specifiedmaintain the required form of
evidence of completion for each activity completed, as specified in
Sections 25.805, 25.865, and 25.875 of this Part, throughout the period of
validity that follows the renewal of the license based on completion of the
activities documented; and
2)
present the evidence of completion upon request by the regional
superintendent or a representative of the State Board of Education or if
required as part of an appeal under this Subpart J.
c)
A licensee with multiple endorsements shall complete professional development
activities that address the endorsement or endorsements that are required for his
or her licensed teaching position, if the licensee is employed and performing
services in an Illinois public or State-operated elementary school, secondary
school, or cooperative or joint agreement with a governing body or board of
control, or that endorsement or those endorsements most closely related to his or
her teaching position, if the licensee is employed in a charter school [105 ILCS
5/21-14(e)(2)]. An individual who performs services on a professional educator
license endorsed for a teaching field and concurrently also on some other type of
license or endorsement on the professional educator license to which renewal
requirements apply shall be subject to the provisions of Section 25.475 of this
Part.
cd)
Professional Educator License Endorsed for School Support Personnel
1)
Any licensee who holds a professional educator license endorsed for
school support personnel who is employed and performing services in
Illinois public schools and who holds an active and current professional
license issued by the Department of Financial and Professional
Regulation related to his or her school support personnel endorsement
area may renew his or her professional educator license by paying only the
registration fees required under Section 21B-40 of the School Code. (See
Section 21B-45(l) of the School Code.) For purposes of this subsection
(c), "related to" a school support personnel area shall be:
A)
for a school counselor, a license issued under the Professional
Counselor and Clinical Professional Counselor Licensing and
Practice Act [225 ILCS 107];
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B)
for a marriage and family therapist, a license issued under the
Marriage and Family Therapist Licensing Act [225 ILCS 55];
C)
for a school psychologist, a license issued under the Clinical
Psychologist Licensing Act [225 ILCS 15];
D)
for a school speech and language pathologist (school support
personnel endorsement only (i.e., nonteaching)), a license issued
under the Illinois Speech-Language Pathology and Audiology
Practice Act [225 ILCS 110];
E)
for a school nurse, a license issued under the Nurse Practice Act
[225 ILCS 65]; and
F)
for a school social worker, a license issued under the Clinical
Social Work and Social Work Practice Act [225 ILCS 20].
2)
A speech-language pathologist or audiologist who is licensed under the
Illinois Speech-Language Pathology and Audiology Practice Act [225
ILCS 110] and has met the continuing professional development
requirements of that Act and the rules of the Illinois Department of
Professional Regulation at 68 Ill. Adm. Code 1465 shall be deemed to
have satisfied the requirements of this Subpart J. (Section 21-14(e)(2) of
the School Code) Upon application for renewal of a professional educator
license endorsed in school support personnel, the licenseea speechlanguage pathologist licensed as provided in this subsection (d) shall
indicate in ELIS whether he or she holds a current and active professional
provide to the regional superintendent of schools a copy of his or her
currently valid speech-language pathologist license listed in subsection
(c)(1) and electronically sign ana written assurance that the professional
development requirements for that license were met.
3)
Any licensee who holds the professional educator license endorsed for
school support personnel and does not hold one of the other professional
licenses listed in subsection (c)(1) shall complete 120 hours of
professional development activities and meet all other requirements for
educator licensure renewal set forth in this Subpart J.
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4)
d)
e)
Any licensee who holds a professional educator license endorsed in a
teaching field and for speech-language pathologist but does not hold a
school support personnel endorsement shall complete 120 hours of
professional development activities and meet all other requirements for
educator licensure renewal set forth in this Subpart J regardless of whether
he or she also holds a current and active professional license identified in
subsection (c)(1)(D).
Credit for CPDUs Earned Prior to July 1, 2014
Any licensee who earned continuing professional development units (CPDUs) by
completing any of the activities listed in Section 25.875 prior to July 1, 2014 shall
have those CPDUs converted to clock hours as set forth in this subsection (d) and
have those CPDUs credited to the 5-year renewal cycle during which the CPDUs
were completed. For each subsequent 5-year renewal cycle, the licensee shall
meet the applicable requirements of Section 25.805. Any licensee who earned
CPDUs prior to July 1, 2014 and has not entered those into ELIS shall do so by
using the conversion set forth in this subsection (d).
1)
One CPDU earned shall equal one clock hour of professional development
activities.
2)
One semester hour of college coursework related to education from a
regionally accredited institution (i.e., completion of an advanced degree,
receipt of a subsequent endorsement, completion of coursework in an
undergraduate or graduate program) shall equal 15 clock hours of
professional development activities.
3)
Except as provided in subsection (e)(7) or (e)(8), if the total credit
received in the conversion from CPDUs to clock hours is fewer than 120
clock hours, the licensee shall complete a sufficient number of
professional development activities, as required under Section 21B-45 of
the School Code and this Subpart J, as may be necessary to reach 120
clock hours before the end of his or her 5-year renewal cycle.
Credit for Certain Activities Completed Prior to September 1, 2014
Certain activities completed before August 31, 2014 shall qualify a licensee as
meeting all or a portion of the 120 clock hours of professional development
required and shall be attributed to the 5-year renewal cycle in which the activity
was completed. For each subsequent 5-year renewal cycle, the licensee shall meet
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the applicable requirements of Section 25.805. Any licensee who earned credit
for activities completed prior to September 1, 2014 shall enter his or her
completed credit into ELIS by noting the activity completed and the credit earned,
as set forth in this subsection (e).
1)
Completion of all requirements for an advanced degree from a regionally
accredited institution in an education-related field may be used to fulfill
120 clock hours of professional development. The degree must be
conferred no later than December 31, 2014 in order to qualify under this
subsection (e)(1).
2)
Completion of all required activities in pursuit of certification or
recertification by the National Board for Professional Teaching Standards
(NBPTS) may be used to fulfill 120 clock hours of professional
development.
3)
Receipt of a subsequent Illinois endorsement on a professional educator
license may be used to fulfill 120 clock hours of professional
development. The endorsement must be issued no later than December
31, 2014 to qualify under this subsection (e)(3).
4)
Becoming "highly qualified" in an additional teaching area may be used to
fulfill 120 clock hours of professional development. The criteria
applicable to Illinois teachers and the required evidence of completion
shall be as set forth in Appendix D. Each individual using this option
shall have completed at least some portion of the requirements in the
additional field during the 5-year renewal cycle to which the professional
development credit is attributed.
5)
Successful completion of four semester hours of graduate-level
coursework on the assessment of one's own performance in relation to the
Illinois Professional Teaching Standards may be used to fulfill 120 hours
of professional development, provided that the coursework was approved
by the State Superintendent of Education; offered by a regionally
accredited institution of higher education, either in partnership with a
teachers' association or union or with a regional office of education, or by
another entity authorized to issue college credit; and included
demonstration of performance through the activities listed in this
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subsection (e)(5) for each of the Illinois Professional Teaching Standards
set forth in 23 Ill. Adm. Code 24 (Standards for Illinois Teachers).
A)
B)
Observation, by the course instructor or another experienced
teacher, of the teacher's classroom practice for the purpose of
identifying and describing how the teacher:
i)
made content meaningful for students;
ii)
motivated individuals and the group and created an
environment conducive to positive social interactions,
active learning and motivation;
iii)
used instructional strategies to encourage students'
development of critical thinking, problem-solving and
performance;
iv)
communicated using written, verbal, nonverbal and visual
communication techniques; and
v)
maintained standards of professional conduct and provided
leadership to improve students' learning.
Review and analysis by the course instructor or another
experienced teacher of written documentation prepared by the
teacher for at least two lessons that provides evidence of classroom
performance related to the Illinois Professional Teaching
Standards, with an emphasis on how the teacher:
i)
used his or her understanding of students, assessment data
and subject matter to determine learning goals;
ii)
designed or selected activities and instructional materials
and aligned instruction to the relevant Illinois Learning
Standards set forth in 23 Ill. Adm. Code 1.Appendix D;
iii)
adapted or modified curriculum to meet individual students'
needs; and
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iv)
C)
sequenced instruction and designed or selected student
assessment strategies.
Demonstration of professional expertise on the part of the teacher
in reflecting on his or her practice in terms of teaching strengths,
weaknesses and implications for improvement according to the
Illinois Professional Teaching Standards.
6)
Successful completion of four semester hours of graduate-level
coursework in preparation for meeting the requirements for certification
by the National Board for Professional Teaching Standards (NBPTS) may
be used to fulfill 120 clock hours of professional development, provided
that the coursework was approved by the State Superintendent of
Education; offered by a regionally accredited institution of higher
education, either in partnership with a teachers' association or union or
with a regional office of education, or by another entity authorized to issue
college credit; and addressed the five core propositions of NBPTS and
relevant standards through the activities described in subsection (e)(5),
except that references to the Illinois Professional Teaching Standards shall
be understood to mean NBPTS.
7)
A licensee who holds a master's degree in an education-related field
reduces the 120 clock hours of professional development required by 40
clock hours.
8)
A licensee who holds a second master's degree, an education specialist or
a doctorate in an education-related field or who has attained NBPTS
master teacher designation reduces the 120 clock hours of professional
development required by 80 clock hours.
9)
A licensee with a school support personnel endorsement who holds one of
the certifications specified in this subsection (e)(9) shall be deemed to
have satisfied the continuing professional development requirements.
A)
Nationally Certified School Psychologist from the National School
Psychologist Certification Board;
B)
Nationally Certified School Nurse from the National Board for
Certification of School Nurses;
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C)
Nationally Certified Counselor from the National Board for
Certified Counselors; or
D)
Certificate of Clinical Competence from the American SpeechLanguage-Hearing Association.
f)
Holders of a professional educator license who are working solely in a substitute
teaching capacity are not subject to the requirements of Section 21B-45 of the
School Code or this Subpart J.
g)
The ending date of the licensee's 5-year renewal cycle in effect on July 1, 2014 is
not changed by the provisions of this Subpart J.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.805 Continuing Professional Development Options
a)
ProfessionalExcept as provided in subsections (b) through (h) of this Section,
professional development activities shall generate credit for purposes of renewal
of a professional educator license endorsed in a teaching, administrative or school
support personnel field only if they address one or more of the criteriapurposes
identified in Section 21B-45(d)21-14(e)(2) of the School Code. For the purposes
of this Subpart J:The following proportions apply to the distribution of
professional development activities devoted to the needs of serving students with
disabilities, including adapting and modifying the curriculum related to the
Illinois Learning Standards (23 Ill. Adm. Code 1.Appendix D) to meet the needs
of students with disabilities and serving such students in the least restrictive
environment (Section 21-14(e)(2)(E) of the School Code).
1)
"Sustained period of time" shall mean professional development that
includes structured opportunities for educators to apply what they have
learned in real-life situations and/or professional development offered over
a course of two or more sessionsFor special education teachers, as defined
in Section 25.807(a) of this Part, 50 percent of the activities must be
devoted to these purposes.
2)
"Licensee's performance" shall mean professional development identified
by the licensee, school or district that is designed to improve the licensee's
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knowledge and skills relative to district or school performance and/or
student achievementFor teachers holding a professional educator license
endorsed for a teaching field other than those for special education, 20
percent of these activities must be devoted to these purposes.
3)
"State-approved standards" shall mean the standards applicable to the
licensee's credential, as set forth in Section 25.115(e).
4)
"Related to student growth or district improvement" shall mean
professional development identified by the teacher, school or district that
would contribute to improvements in academic achievement of students in
the licensee's classroom or for the school and district as a whole, as may
be identified in the school or district improvement plan.
5)
"Higher education coursework" shall mean coursework completed at a
postsecondary institution.
A)
Topics to be addressed shall include multi-modality instruction,
applied techniques for teaching academic content, making
adaptations and modifications to the curriculum, managing student
behavior, and team teaching.
B)
An identified portion of at least one activity shall address adapting
and modifying curriculum related to the Illinois Learning
Standards to meet the needs of students with disabilities.
b)
Endorsements in a Teaching Field or for School Support Personnel
Any licensee shall complete 120 clock hours of professional development
activities during each 5-year renewal cycle, unless otherwise specified in this
Subpart J. (Section 21B-45(e)(1) of the School Code)Completion of an advanced
degree from a regionally accredited institution in an education-related field may
be used to fulfill 100% of the requirement for continuing professional
development. (Section 21-14(e)(3)(A) of the School Code [105 ILCS 5/2114(e)(3)(A)])
c)
Administrative Endorsements
1)
Any licensee holding a professional educator license endorsed in an
administrative field who is working in a position that requires this
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credential shall complete one Illinois Administrators' Academy (see
Section 2-3.53 of the School Code) course each fiscal year, in addition to
100 clock hours of professional development activities during each 5-year
renewal cycle. (Section 21B-45(e)(3) of the School Code)Eight semester
hours of college coursework in an undergraduate or graduate-level
program related to education may be used to fulfill 100% of the
requirement for continuing professional development, provided that at
least 2 semester hours are chosen to address the purpose described in
Section 21-14(e)(2)(A) of the School Code. (Section 21-14(e)(3)(B) of the
School Code [105 ILCS 5/21-14(e)(3)(B)])
2)
d)
Beginning in his or her first full 5-year renewal cycle, any licensee
holding a professional educator license endorsed in an administrative field
who is employed in an Illinois public or State-operated school or
cooperative or charter school and is not working in a position requiring
the administrative credential is subject to the requirement of subsection (b)
and shall complete one Illinois Administrators' Academy course during
each 5-year renewal cycle.
A)
The licensee is subject to this subsection (c) in each 5-year
renewal cycle in which he or she has held the administrative
endorsement for at least one year and was employed on a full-time
basis in each year of the 5-year renewal cycle.
B)
The Illinois Administrators' Academy course may count toward the
120 hours of professional development required in each 5-year
renewal cycle on a clock-hour basis (Section 21B-45(e)(2) of the
School Code) or toward the 60 hours of professional development
required under subsection (d).
Master Teacher Designation
Any licensee holding aCompletion of all required activities in pursuit of
certification or recertification by the National Board for Professional Teaching
Standards (NBPTS) master teacher designation shall complete a total of 60 clock
hours of professional development per 5-year renewal cycle. (Section 21B45(e)(4) of the School Code) (Also see Section 25.832.)may be used to fulfill
100% of the requirement for continuing professional development (Section 2114(e)(3)(D) of the School Code [105 ILCS 5/21-14(e)(3)(D)]). The presence of
an individual's name on NBPTS' composite list of those who have completed the
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certification process (as distinct from having received certification) shall be
considered evidence of completion.
1)
If the master teacher designation is removed during a 5-year renewal
cycle, the licensee shall complete at least 20 percent of the professional
development required in this Section for each year in which the master
teacher designation was not held. (Also see Section 25.832.)
2)
Any licensee whose master teacher designation is removed shall be subject
to the full renewal requirements that would apply to his or her
endorsement area for the 5-year renewal cycle subsequent to the cycle in
which the designation was removed.
e)
Teacher Leader Endorsements
Any licensee holding a professional educator license endorsed for Teacher Leader
issued pursuant to Section 21B-25(2)(E) of the School Code and Section 25.32 of
this Part who is working in an administrative capacity at least 50 percent of the
school day shall complete one Illinois Administrators' Academy course each fiscal
year, in addition to 100 hours of professional development activities during each
5-year renewal cycle. (Section 21B-45(e)(3) of the School Code) Licensees not
working in administrative positions or those holding Teacher Leader
endorsements received on or before December 31, 2012 are subject to the
requirements of subsection (b) rather than this subsection (e).Receipt of a
subsequent Illinois endorsement on a professional educator license may be used to
fulfill 100% of the requirement for continuing professional development. (Section
21-14(e)(3)(K) of the School Code [105 ILCS 5/21-14(e)(3)(K)])
f)
Multiple Endorsements
1)
Licensees who are performing services on one or more endorsements
during a given renewal cycle are subject to the requirements of this
subsection (f). The provisions of this subsection (f) also apply to
individuals who hold and are performing services on both an educator
license with stipulations endorsed for career and technical educator and a
professional educator license.
2)
When two or more endorsements are being used during a renewal cycle,
the licensee shall complete renewal requirements in proportion to each
year that he or she worked on a given endorsement or license.
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A)
Example: If the holder of a professional educator license endorsed
for both teaching and administrative fields worked one year as a
principal and four years as a teacher, he or she would complete 20
percent of the requirements set forth in subsection (c) (including
completion of one Administrators' Academy course) applicable to
the year in which the educator served as a principal and 80 percent
of the requirements set forth in subsections (b) or (d) applicable to
years in which the educator served as a teacher.
B)
Example: If the holder of a professional educator license endorsed
for both an administrative field and school support personnel
worked for one year as an administrator and four years in a school
support position, he or she would complete 20 percent of the
requirements set forth in subsection (c) (including completion of
one Administrators' Academy course) applicable to the year in
which the educator served as an administrator and 80 percent of
the requirements set forth in subsection (b), subject to any
exemption allowed under Section 25.800(c), applicable to the years
in which the educator served in a school support position.
f)
Retired Status
Any licensee whose license is in retired status, as defined in Section 21B-45(e)(6)
of the School Code, and who returns to a position for which educator licensure is
required, shall complete at least 20 percent of the professional development
required for his or her endorsement area as provided under subsections (b) though
(e) for each year in which he or she is employed for 50 percent or more of fulltime equivalency and any Administrators' Academy courses as may be required.
(Also see Section 25.880(h).)Becoming "highly qualified" in an additional
teaching area may be used to fulfill 100% of the requirement for continuing
professional development. (Section 21-14(e)(3)(L) of the School Code [105 ILCS
5/21-14(e)(3)(L)]) The criteria applicable to Illinois teachers and the required
evidence of completion shall be as set forth in Appendix D to this Part. Each
individual using this option shall have completed at least some portion of the
requirements in the additional field during the period of validity to which the
professional development credit is attributed.
g)
Successful completion of four semester hours of graduate-level coursework on the
assessment of one's own performance in relation to the Illinois Professional
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Teaching Standards may be used to fulfill 100% of the requirement for continuing
professional development, provided that the coursework meets the requirements
of Section 21-2(c)(2)(B) of the School Code [105 ILCS 5/21-2(c)(2)(B)] and
Section 25.820 of this Part. (Section 21-14(e)(3)(M) of the School Code [105
ILCS 5/21-14(e)(3)(M)])
h)
Successful completion of four semester hours of graduate-level coursework in
preparation for meeting the requirements for certification by the National Board
for Professional Teaching Standards may be used to fulfill 100% of the
requirement for continuing professional development, provided that the
coursework meets the requirements of Section 21-2(c)(2)(C) of the School Code
[105 ILCS 5/21-2(c)(2)(C)] and Section 25.825 of this Part. (Section 2114(e)(3)(N) of the School Code [105 ILCS 5/21-14(e)(3)(N)])
i)
Except as specified in Section 25.807 of this Part, completion of 120 continuing
professional development units ("CPDUs"; see Section 25.875 of this Part) may
be used to fulfill 100% of the requirement, subject to the provisions of subsection
(a) of this Section.
j)
A licensee may choose any combination of the types of activities described in
subsections (b) and (h) of this Section, provided that the total effort represents the
equivalent of 120 CPDUs. For purposes of calculating combinations from
different categories, one semester hour of college credit shall be considered the
equivalent of 15 CPDUs.
k)
The provisions of subsections (c), (i), and (j) of this Section shall be subject to the
proportionate reductions specified in Section 21-14 of the School Code with
respect to part-time teaching and periods when the professional educator license
has been maintained valid and exempt and shall also be subject to any applicable
reductions provided in Section 21-2(c)(8) of the School Code for any individual
whose statement of assurance for license renewal is received or processed on or
after July 1, 2004. (See Section 25.880 of this Part.)
l)
A given professional development activity may be attributed to all of the purposes
to which it relates. However, the units of credit awarded for a particular activity
may be counted only once in calculating the total earned.
m)
Credit earned for any activity that is completed (or for which the licensee receives
evidence of completion) on or after April 1 of the final year of a license's validity,
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if not claimed with respect to that period of validity, may be carried over and
claimed in the subsequent period of validity, provided that the activity in question
is relevant to the requirements that apply to that period.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.807 Additional Specifications Related to Professional Development Activities of
Special Education Teachers (Repealed)
a)
For purposes of this Subpart J, a "special education teacher" is any teacher who
holds an Illinois professional educator license endorsed in accordance with
Section 21B-25(F) of the School Code [105 ILCS 5/21B-25(F)] and provides
services using that license to special education students pursuant to the rules of
the State Board of Education at 23 Ill. Adm. Code 226 (Special Education),
including those serving pursuant to 23 Ill. Adm. Code 226.810 and 226.820; those
serving pursuant to Section 25.48 of this Part when applicable; and those
substitute teaching in special education programs for more than 90 paid school
days or 450 paid school hours in any one district in any one school term.
b)
Special provisions apply to special education teachers' compliance with the
required distribution of credits stated in Section 25.805(i) of this Part. That is, not
only must at least half the number of credits needed by each special education
teacher be earned with respect to activities that address the purposes described in
Section 25.805(a) of this Part, but also:
1)
if a teacher's activities are based upon an assignment for which the LBS I
endorsement or approval is required, and if the individual holds a limited
credential, the activities used to address Section 21-14(e)(2)(A) of the
School Code (areas of licensure) [105 ILCS 5/21-14(e)(2)(A)] shall either:
A)
relate to the needs of students with disabling conditions other than
the conditions reflected by the individual's pre-existing
endorsements or approvals; or
B)
be designed to broaden the teacher's preparation to serve students
with all the disabilities encompassed by the LBS I credential, with
reference to specific standards among those set forth in 23 Ill.
Adm. Code 28.200; and
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c)
2)
except as provided in subsection (d) of this Section, at least the amount of
credit each special education teacher needs to devote to Purpose B (the
State priorities) in order to reach the 50 percent threshold in combination
with the credits attributed to Purpose A shall be devoted to the State
priority of special education; and
3)
some portion of the activities used by each special education teacher to
fulfill Purpose A or B shall address adapting and modifying curriculum
related to the Illinois Learning Standards (see Public Schools Evaluation,
Recognition and Supervision, 23 Ill. Adm. Code 1, Appendix D) to meet
the needs of students receiving special education; and
4)
a special education teacher whose activities provide exclusively for
semester hours of college credit shall devote the portion that is required to
address the purpose set forth in Section 21-14(e)(2)(A) to the study of
content area standards in special education, i.e., any of the standards set
forth in 23 Ill. Adm. Code 28.200 through 28.370.
A teacher who becomes a special education teacher for one or more semesters
during his or her license's period of validity shall be subject to the requirements of
this Section in proportion to that period of time.
1)
An individual shall be considered a special education teacher for any
semester during which he or she meets the definition set forth in
subsection (a) of this Section for at least 45 school days.
2)
In compliance with Section 21-14(e)(4) of the School Code [105 ILCS
5/21-14(e)(4)] and Section 25.830 of this Part, the individual shall submit
his or her statement of assurance attesting to the completion of the
professional development activities required under this Subpart J to the
regional office of education or the local professional development
committee (LPDC), as applicable.
3)
The regional office of education or LPDC, as applicable, shall maintain a
record of the semesters during which any licensee for whom it is
responsible is a special education teacher.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
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Section 25.810 State Priorities (Repealed)
The "State priorities" referred to in Section 21-14(e)(2)(B) of the School Code shall periodically
be identified by the State Board of Education.
a)
No later than 60 days after the State Board votes to establish or change the list of
these priorities, the agency shall so notify each school district superintendent,
each regional superintendent of schools, and any organization that requests
notification. This notice shall include a list of the priorities and state the date
upon which the list takes effect.
b)
A licensee who has completed activities that address one or more of the State
priorities shall be allowed to count their completion toward fulfilling the
requirements of this Subpart J, even if changes are made to the list of priorities
during his or her license's period of validity.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.820 Requirements for Coursework on the Assessment of One's Own
Performance (Repealed)
Completion of at least four semester hours of graduate-level coursework on the assessment of
one's own performance as a means of receiving credit for the continuing professional
development shall be subject to the requirements of this Section.
a)
Only coursework offered by an accredited institution of higher education, by such
an institution in partnership with a teachers' association or union or with a
regional office of education, or by another entity authorized to issue college
credit shall qualify for this purpose. (Section 21-2(c)(2)(B) of the School Code)
b)
An eligible entity that offers or plans to offer coursework that will result in
candidates' receiving credit for continuing professional development shall submit
to the State Superintendent of Education a syllabus, course description, or other
material demonstrating that the coursework includes the activities required by
Section 21-2(c)(2)(B) of the School Code.
c)
The State Board of Education, in consultation with the SEPLB, shall approve
coursework for this purpose if the syllabus demonstrates that its successful
completion will involve observation, review, and analysis of each participant's
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teaching practice, as well as demonstration of professional expertise on the part of
each participant in reflecting on his or her own practice, in accordance with the
requirements of this subsection (c).
1)
Each participant's teaching practice shall be observed on at least one
occasion, either in person or through videoconferencing or videotapes,
either by the course instructor or by a designee identified by the instructor
who:
A)
holds, or at the time of his or her retirement held, a professional
educator license endorsed in a teaching field or its predecessor
standard or master teaching certificate; or
B)
has completed training covering the following:
C)
2)
i)
Content Knowledge and Pedagogy;
ii)
Adult Learning Theory;
iii)
Verbal and Non-Verbal Communication Skills;
iv)
Attributes and Styles of Positive Critiques;
v)
Classroom Observation Skills Related to Assessment of
Performance;
vi)
Strategies for Providing Constructive Feedback and Social
Support;
vii)
Problem-Solving Skills; and
viii)
Formative Assessment and Self-Assessment; or
in the judgment of the course instructor, has the knowledge and
skills required in order to provide appropriate feedback to new
teachers regarding their teaching practice.
Each participant shall assemble sufficient written lesson plans,
assignments to students, samples of students' work responding to the
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assignments, and assessment instruments used with respect to the
assignments to provide evidence of his or her performance with respect to
all the standards set forth in 23 Ill. Adm. Code 24.100(a) through (i)
(Illinois Professional Teaching Standards), provided that the material
required by this subsection (c)(2) shall be presented for no fewer than two
separate lessons, at least one of which is the subject of an observation
conducted pursuant to subsection (c)(1) of this Section. The participant
shall also provide a written discussion of how the material assembled
relates to each of the Illinois Professional Teaching Standards referred to
in this subsection (c)(2), with emphasis on the aspects listed in Section 212(c)(2)(B)(ii) of the School Code [105 ILCS 5/21-2(c)(2)(B)(ii)]. In using
students' work for this purpose, participants shall ensure that students are
not identifiable or shall obtain consent for the release of the students' work
in keeping with the requirements of the Illinois School Student Records
Act [105 ILCS 10] and the rules for Student Records (23 Ill. Adm. Code
375).
d)
3)
The course instructor or a designee who meets the requirements of
subsection (c)(1) of this Section shall review the documentation submitted
by the participant and provide written feedback regarding the new
teacher's strengths and weaknesses, factors to consider, and techniques
with potential for improving the new teacher's practice.
4)
For each of the two lessons documented under subsection (c)(2) of this
Section, each participant shall prepare his or her own written analysis of
the strengths and weaknesses revealed by the applicable documentation
and the implications of that analysis for improving his or her teaching in
relation to the Illinois Professional Teaching Standards.
5)
The grades issued to participants in the coursework shall reflect the
instructor's assessment of the participants' performance in reviewing,
analyzing, and reflecting on their own practice, rather than the instructor's
assessment of the participants' performance as teachers.
As evidence of completion, the individual shall maintain a grade report or official
transcript issued by the institution or other entity offering the coursework,
indicating that the individual passed the course or courses.
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e)
An individual who wishes to use coursework completed in another state to fulfill
the requirements of this Section shall submit to the State Superintendent of
Education a course description or syllabus. Based upon a comparison of the
course's content with the requirements of this Section and Section 21-2(c)(2)(B)
of the School Code, the State Superintendent shall determine whether the out-ofstate course is equivalent and notify the candidate as to whether the course will be
accepted.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.825 Requirements for Coursework Related to the National Board for
Professional Teaching Standards (NBPTS) (Repealed)
Completion of at least four semester hours of graduate-level coursework related to the
requirements for certification by the NBPTS as a means of receiving credit for continuing
professional development shall be subject to the requirements of this Section.
a)
Only coursework offered by an accredited institution of higher education, by such
an institution in partnership with a teachers' association or union or with a
regional office of education, or by another entity authorized to issue college
credit shall qualify for this purpose. (Section 21-2(c)(2)(C) of the School Code
[105 ILCS 5/21-2(c)(2)(C)])
b)
An eligible entity that offers or plans to offer coursework that will result in
candidates' eligibility for continuing professional development credit shall submit
to the State Superintendent of Education a syllabus, course description, or other
material demonstrating that the coursework addresses the five "core propositions"
that guide the National Board's certification initiatives.
1)
Teachers are committed to students and their learning.
2)
Teachers know the subjects they teach and how to teach those subjects to
students.
3)
Teachers are responsible for managing and monitoring students' learning.
4)
Teachers think systematically about their practice and learn from
experience.
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5)
c)
Teachers are members of learning communities.
The State Board of Education, in consultation with the SEPLB, shall approve
coursework for this purpose if the syllabus demonstrates that its successful
completion will involve observation, review, and analysis of each participant's
teaching practice in light of applicable standards, as well as demonstration of
professional expertise on the part of each participant in reflecting on his or her
own practice.
1)
These required elements may be provided either by means of the activities
described in Section 25.820(c)(1) through (c)(4) of this Part or by using
another sequence of activities that is designed to provide beginning
teachers with direct feedback from experienced teachers and a structure
for reviewing their own teaching in light of this feedback and in light of
their students' performance.
2)
The grades issued to participants in the coursework shall reflect the
instructor's assessment of the participants' performance in reviewing,
analyzing, and reflecting on their own practice, rather than the instructor's
assessment of the participants' performance as teachers.
d)
As evidence of completion, the individual shall maintain a grade report or official
transcript issued by the institution or other entity offering the coursework,
indicating that the individual passed the course or courses.
e)
No course that has not been approved pursuant to subsections (b) and (c) of this
Section shall be advertised as leading to eligibility for continuing professional
development credit under this Section.
f)
An individual who wishes to use coursework completed in another state to fulfill
the requirements of this Section shall submit to the State Superintendent of
Education a course description or syllabus. Based upon a comparison of the
course's content with the requirements of this Section and Section 21-2(c)(2)(C)
of the School Code, the State Superintendent shall determine whether the out-ofstate course is equivalent and notify the candidate as to whether the course will be
accepted.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
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Section 25.830 Verification of Completed Activities;Statement of Assurance for Renewal
Processof Licenses
No sooner than September 1 and no later than April 1 of the final year of his or her license's
period of validity and using a format supplied by the State Board of Education, each licensee
shall submit to the responsible LPDC, if any, a statement of assurance required for the renewal of
his or her professional educator license endorsed in a teaching field. Any individual for whom
no responsible LPDC is in operation, including any individual who is not employed in the public
schools at the time the statement of assurance is submitted, shall submit the required materials to
the regional superintendent of schools. Access to these documents shall be limited to the
licensee and to those members of local and regional committees and other individuals who are
responsible for reviewing them pursuant to this Subpart J. Each individual who has access to
these documents and the information contained in them shall maintain the confidentiality of the
documents and information at all times.
a)
b)
A licensee shall enter any professional development credit earned on or after July
1, 2014 within 60 days after completing a professional development activity. The
licensee shall enter electronically into ELIS the name, date, and location of the
activity, the number of professional development hours earned, and the provider's
name The licensee shall provide a statement of assurance regarding the
professional development activities completed, including a list of the activities,
the provider offering each, the number of credits earned for each, and the
purpose or purposes to which each activity is attributed. (Section 21B-45(e)2114(e)(4) of the School Code [105 ILCS 5/21-14(e)(4)]), except that:
1)
any Illinois Administrators' Academy course completed shall be entered
by the provider rather than the licensee; and
2)
a licensee who holds both a professional educator license endorsed in
school support personnel and one of the professional licenses listed under
Section 25.800(c) shall indicate in ELIS if his or her professional license
is active and current.
Beginning July 1, 2015, a licensee who fails to enter into ELIS his or her
completed professional development within the timeline set forth in subsection (a)
shall be unable to include credit for those activities among the clock hours needed
to satisfy renewal requirements.A licensee who wishes to receive evidence of an
LPDC's receipt of his or her statement of assurance shall include a receipt for the
LPDC's use.
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c)
A licensee who fails to complete an Administrators' Academy course in a given
fiscal year as required by Section 21B-45(e)(2) or (3) of the School Code shall be
required to complete two courses for each one missed. He or she may complete
these courses at any time during the remainder of the 5-year renewal cycle or
prior to the reinstatement of a license that has lapsed pursuant to Section 25.450
of this Part.
d)c)
Accumulation of the number of hours of professional development activities
required under Section 21B-45(e) of the School Code and entering them into
ELIS Submission of this statement of assurance shall not entitle the licensee to
renewal of the license. Renewal of the licensee's license shall be determined by
the State Superintendent of EducationSEPLB.
e)
In accordance with Section 21B-45(e)(5), licensees who are working in positions
that do not require a professional educator license and those who are working in
positions that require a professional educator license for less than 50 percent of
full-time equivalency in a school year are "exempt" and do not have to complete
professional development activities; however, prior to renewing the license, the
licensee shall record that status in ELIS indicating the starting and ending date of
the exemption and the reason the exemption was requested. (See Section 25.880.)
f)
A licensee whose professional educator license is in "retired status", as defined in
Section 21B-45(e)(6) of the School Code, is not subject to renewal requirements;
however, prior to renewing the license, the licensee shall record that status in
ELIS. The licensee's "retired" status shall take effect in the next full 5-year
renewal cycle following the cycle in which the licensee retired. The licensee shall
complete and record in ELIS the professional development required to be
completed in the 5-year renewal cycle during which the licensee retired (i.e., at
least 20 percent of the total professional development required in the 5-year
renewal cycle for each year in which the license was valid and active).
g)d)
A licensee who does not enter all of his or her professional development activities
prior to Septembersubmit the statement of assurance by April 1 of the year in
which the 5-year renewal cycle ends may not be able to preserve his or her right
of appeal regarding a recommendation for nonrenewal of his or her license.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
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Section 25.832 Validity and Renewal of NBPTS Master Teacher Designation
a)
When an Illinois licensee successfully renews his or her National Board
certification, he or she shall be entitled to renew his or her Illinois master teacher
designation. However, a holder of a master teacher designation may also use
completion of the NBPTS' process for renewal of certification (as distinct from
renewal of NBPTS certification) to fulfill 100% of the requirement for continuing
professional development.
b)
The holder of an NBPTS master teacher designation whose certification through
the NBPTS is not renewed shall have the designation removed from his or her
professional educator license.
c)
Since NBPTS certification is valid for 10 years, any master teacher designation on
a professional educator license shall be renewed automatically on that license
once the individual has held the designation for five years. An individual shall
meet the requirements of subsection (a) of this Section in order to renew the
designation after holding the designation for 10 years.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.835 Request for ExtensionReview of and Recommendation Regarding
Statement of Assurance for Renewal
Section 21B-45(e)(9) of the School Code allows a licensee who is unable to complete the
required professional development by September 1 of the year in which the license has expired,
due to professional development opportunities being unavailable, to request that the SEPLB
extend the deadline for completing the outstanding professional development beyond August 31
of that year.
a)
A written request for an extension shall be submitted to the State Superintendent
of Education no sooner than April 1 nor later than August 31 of the last year in
the 5-year cycle. (See Section 21B-45(e)(9) of the School Code.) The request
shall indicate the:
1)
licensee's name, type of license held (including license number) and
endorsements placed on the license;
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b)
c)
2)
number of clock hours of professional development or Administrators'
Academy courses, as applicable, needed to fulfill the requirements;
3)
reason the licensee is requesting the extension, to include the efforts he or
she has made to complete the required professional development before
September 1 of the year in which the license would expire; and
4)
licensee's plan for completing the outstanding professional development,
to include a description of the professional development in which the
licensee will participate and the timeline for its completion.
The request shall be presented to the SEPLB at its next regularly scheduled
meeting following receipt of the request. The SEPLB shall approve a request
when:
1)
the preponderance of evidence indicates that failure to complete the
professional development was beyond the control of the licensee;
2)
the outstanding professional development does not exceed at least 20
percent of the total required for the 5-year renewal cycle and/or one
Administrators' Academy course; and
3)
the plan for completing the outstanding professional development will
result in the completion of the activities by no later than August 31 of the
year immediately subsequent to the year in which the license expired.
The licensee shall be notified whether the extension has been granted within 30
days after the SEPLB's action, but in no case later than August 31 of the year in
which the license will expire.
1)
The license of a licensee for which an extension is approved shall remain
valid during the extension period. (Section 21B-45(e)(9) of the School
Code) Failure of the licensee to complete the outstanding professional
development within the timeline indicated in the approved extension
request will result in his or her license lapsing and the inability of the
licensee to register the license with the appropriate Regional Office of
Education.
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2)
The license of a licensee for which an extension is not granted shall lapse
September 1 of the year in which the license expired and cannot be
registered. (See Section 25.400(e).)
3)
Any professional development completed during the extension period
shall first be applied to the previous 5-year renewal cycle and may be
credited to the subsequent 5-year renewal cycle only if it exceeds the
amount of the outstanding professional development owed.
4)
An unregistered license is invalid after September 1 for employment and
performance of services in an Illinois public or State-operated school or
cooperative and a charter school. (Section 21B-45(a) of the School Code)
a)
An LPDC shall review each statement of assurance it receives that conforms with
the requirements of Section 25.830 of this Part and, within 30 days after receiving
it, shall forward the statement of assurance to the regional superintendent of
schools accompanied by the LPDC's recommendation regarding license renewal,
provided on a form supplied by the State Board of Education.
b)
If the recommendation is for nonrenewal of the affected license, notification to
this effect shall be provided concurrently to the licensee, including a return receipt
and an explanation of the LPDC's rationale for recommending nonrenewal.
c)
The licensee may appeal to the responsible RPDRC for consideration of his or her
statement of assurance for renewal if the LPDC does not respond within the time
allowed under subsection (a) of this Section.
d)
Within 14 days after receiving notice that a recommendation for nonrenewal has
been forwarded by an LPDC, the licensee may appeal the recommendation to the
RPDRC. The appeal shall be transmitted on a form supplied by the State Board
of Education, shall include a return receipt, and shall include:
e)
1)
the required evidence of completion for the activities upon which the
appeal is based; and
2)
any other relevant documents.
Within 45 days after receiving the appeal, the RPDRC shall make a
recommendation to the regional superintendent in keeping with the requirements
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of Section 21-14(g)(2) of the School Code [105 ILCS 5/21-14(g)(2)]. The
RPDRC shall use a form provided by the State Board of Education for this
purpose and shall include the rationale for its recommendation. To assist it in
arriving at its recommendation, the RPDRC may require the submission of
additional information or may request that the licensee appear before it. The
RPDRC shall also forward to the regional superintendent the material received
from the licensee under subsection (d) of this Section.
f)
Within 14 days after receiving the last recommendation required under
subsections (a) through (e) of this Section, the regional superintendent shall
forward his or her recommendation to the SEPLB along with the information
required pursuant to Section 21-14(g)(1) of the School Code [105 ILCS 5/2114(g)(1)]. Forms supplied by the State Board of Education shall be used for this
purpose. A copy of any recommendation for nonrenewal shall be sent to the
licensee concurrently. If the recommendation is not to renew the license held, or
if information provided on the statement of assurance makes the individual
subject to the requirements of any of Sections 25.485 through 25.491 of this Part,
the licensee's copy shall be sent by certified mail, return receipt requested.
1)
The regional superintendent shall forward to the Secretary of the SEPLB a
list that identifies each licensee with respect to whom the regional
superintendent is concurring with an LPDC's recommendation for license
renewal or is recommending renewal without the involvement of any
LPDC. This list shall be prepared on a form supplied by the State Board
of Education.
2)
If the regional superintendent is recommending license renewal despite a
local or regional committee's recommendation for nonrenewal, the
regional superintendent shall forward to the Secretary of the SEPLB:
A)
the material received from the licensee under subsection (e) of this
Section;
B)
the RPDRC's recommendation and any additional material
received by the RPDRC pursuant to subsection (e) of this Section;
and
C)
the regional superintendent's rationale for recommending renewal.
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3)
g)
If the regional superintendent is recommending nonrenewal (regardless of
local and/or regional recommendations), the regional superintendent shall
forward to the Secretary of the SEPLB:
A)
the LPDC's recommendation, if any;
B)
the RPDRC's recommendation, the material called for in
subsection (d) of this Section, and the material received pursuant to
subsection (e) of this Section, if any; and
C)
the regional superintendent's rationale for recommending
nonrenewal.
Within 14 days after receipt of notice that the regional superintendent has
recommended nonrenewal of his or her license, the licensee may appeal that
recommendation to the SEPLB, using a form provided by the State Board of
Education.
1)
The appeal must state the reasons why the recommendation of the regional
superintendent should be reversed and must be sent by certified mail,
return receipt requested.
A)
Appeals shall be addressed to:
State Educator Preparation and Licensure Board Secretary
100 North First Street
Springfield, Illinois 62777
2)
B)
No electronic or facsimile transmissions will be accepted.
C)
Appeals postmarked later than 14 calendar days following receipt
of the nonrenewal notice will not be processed.
In addition to the appeal form, the licensee may submit the following
material when the appeal is filed:
A)
evidence that he or she has satisfactorily completed activities
sufficient to meet the requirements of Section 21-14 of the School
Code, as modified by Section 21-2(c)(8) of the School Code if
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applicable;
B)
h)
any other relevant documents.
Grounds for a recommendation that a license not be renewed shall be limited to
the licensee's failure to satisfactorily complete activities sufficient to meet the
requirements of Section 21-14 of the School Code, as modified by Section 212(c)(8) of the School Code if applicable.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.840 Appeals to theAction by State Educator Preparation and Licensure Board;
Appeals
a)
b)
The State Superintendent's decision to not renew a license due to the licensee's
failure to complete renewal requirements may be appealed to the. The SEPLB.
1)
The notice of nonrenewal shall be sent to the licensee by certified mail,
return receipt requested.
2)
The licensee shall submit his or her request for an appeal by certified mail,
return receipt requested, no later than 30 days after the date of receipt of
the notice of nonrenewal. The appeal request shall be sent to the State
Educator Preparation and Licensure Board, 100 North First Street,
Springfield, Illinois 62777-0001.shall review each recommendation
regarding the renewal of a license within the time allotted by Section 2114(h) of the School Code [105 ILCS 5/21-14(h)] and verify that the
licensee has met the renewal criteria set forth in Section 21-14(g)(1) of the
School Code [105 ILCS 5/21-14(g)(1)], subject to the licensee's right of
appeal as specified in that Section.
Within 9060 days after receipt of an appeal submitted pursuant to subsection
(a)filed by a licensee challenging a regional superintendent's recommendation for
nonrenewal, the SEPLB mayshall hold an appeal hearing or make a
recommendation based on a review of the record, as enumerated in Section 21B45(m) of the School Code. If a hearing is to be held, theThe Board shall notify
the licensee of the date, time, and place of the hearing.
1)
The licensee shall submit to the SEPLB any additional information as the
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SEPLB determines is necessary to decide the appeal.
2)
If a hearing is held, theThe SEPLB may request that themay request that
the licensee appear before itappear before it. (Section 21-14(h)(2) of the
School Code [105 ILCS 5/21-14(h)(2)]) The licensee shall be given at
least ten days' notice of the date, time, and place of the hearing.
3)
In verifying whether the licensee has met the renewal criteria set forth in
Section 21B-4521-14(g)(1) of the School Code and this Subpart J, thethe
SEPLB shall considershall review:
A)
the regional superintendent of education's rationale for
recommending nonrenewal of the license, if applicablethe
recommendation of the regional superintendent of schools;
B)
any evidence submitted to the State Superintendent along with the
individual's electronic statement of assurance for renewal
provided in ELISthe Regional Professional Development Review
Committee's recommendation, if any; and
C)
the State Superintendent's rationale for nonrenewal of the license.
(See Section 21B-45(m)(2) of the School Code.)the Local
Professional Development Committee's recommendation, if any;
and
D)
all relevant documentation.
c)
The SEPLB shall notify the licensee of its decision regarding license renewal no
later than 30 days after reaching a decision as set forth in Section 21B-45(m)2114(h)(2) of the School Code [105 ILCS 5/21-14(h)(2)]. Upon receipt of
notification of renewal, the licensee, using ELIS, shall pay the applicable
registration fee to the regional superintendent. If the decision is not to renew the
individual's license, the notification shall state the reasons for that decision.
d)
An individual whose license is not renewed because of his or her failure to
complete professional development in accordance with this Subpart J may
reinstaterenew the license once that license has lapsed (i.e., September 1 of the
year in which the licensebeen expired for six months or more) if he or she has;
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e)
1)
paid any accumulated registration fees, including registration fees owed;,
and
2)
either paid the penalty or completed the coursework required under
Section 21B-4521-14 of the School Code, the latter of which shall not be
counted as both satisfying the penalty and meeting the professional
development owed; and
3)
presented. Until that time, the individual may renew the professional
educator license if he or she pays any back fees owed and presents
evidence of completing the balance of the professional development
activities that were required for renewal of the license previously held.
The SEPLB shall not renew any license if information provided on the application
makes the holder subject to the requirements of any of Sections 25.485 through
25.491 of this Part. Any disciplinary action taken against a licensee under any of
those Sections shall be in accordance with the rules of the State Board of
Education for Contested Cases and Other Formal Hearings (23 Ill. Adm. Code
475). The decision of the State Board of Education is a final administrative
decision and shall be subject to administrative review as set forth in Section 21B90 of the School Code [105 ILCS 5/21B-90].
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.845 Responsibilities of School Districts (Repealed)
As used in this Section, the term "school district" shall be understood to include charter schools,
cooperatives, and joint agreements.
a)
Each school district shall designate an employee who will have the responsibility
for making all forms required pursuant to this Subpart J available to licensees,
members of local professional development committees, and others who need to
use them.
b)
Each school district, in conjunction with its exclusive representative, if any, shall
determine the number and types of any LPDCs that will be established at the local
level.
c)
Each school district shall publicize to licensees:
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d)
1)
the number and respective areas of responsibility of the district's LPDCs,
if any;
2)
the name of each committee's chairperson; and
3)
the method by which individuals may contact the LPDCs and the address
to which materials shall be submitted.
Each school district shall file with the regional superintendent, on a form supplied
by the State Board of Education, a list of its LPDCs, indicating for each LPDC the
areas of responsibility, the chairperson's name, and the other members' names.
Revisions to these lists shall be submitted as changes occur. Each district shall
notify the regional superintendent whenever there is a change in this information.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.848 General Responsibilities of LPDCs (Repealed)
a)
Each LPDC shall post the schedule of its meetings.
b)
Each LPDC shall comply with the applicable timelines set forth in this Subpart J
and shall maintain records demonstrating compliance.
c)
Each LPDC shall acknowledge in writing its receipt of a statement of assurance
for renewal of an individual's license if an acknowledgment is requested by the
licensee pursuant to Section 25.830(c) of this Part.
d)
Each LPDC shall request from the exclusive representative the appointment of
any alternates for its teacher members as may be necessary to ensure that no
licensee participates in recommending renewal or nonrenewal of his or her own
license or that of another individual who supervises or evaluates, or is supervised
or evaluated by, him or her. If another LPDC is operating within the same school
district, alternates to be used in these situations shall be chosen from among the
teacher members of that LPDC.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.850 General Responsibilities of Regional Superintendents (Repealed)
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a)
Each regional superintendent of schools shall designate an employee who will be
responsible for making all forms required pursuant to this Subpart J available to
licensees, members of local and regional professional development committees,
and others who need to use them. Each regional superintendent of schools shall
also designate an employee who will be responsible for tracking the receipt and
distribution of the written materials called for in this Subpart J that are submitted
to or through the regional office. Nothing shall preclude the same individual from
fulfilling both the functions specified in this subsection (a).
b)
Each regional superintendent shall determine the number of regional professional
development review committees needed in the region.
1)
The number of committees that will operate in a region shall be at the
regional superintendent's discretion, so long as the committees established
are able to accomplish the functions assigned to them in accordance with
the timelines set forth in this Subpart J.
2)
Each regional superintendent may distribute responsibility among
RPDRCs according to district, building, grade level, type of license,
subject matter area, or any other factor the regional superintendent deems
appropriate.
3)
Each regional superintendent shall ensure that sufficient alternate
members are available to the region's RPDRC or RPDRCs to ensure that
no member reviews any matter raised by an individual for whom he or she
is either a supervisor or a subordinate and to avoid other potential conflicts
of interest.
c)
Each regional superintendent shall publicize the way in which licensees can
contact the RPDRCs. In each case, the address of the regional superintendent's
office shall be identified as the address of the RPDRC. If a schedule for RPDRC
meetings is set, the regional superintendent shall publicize that schedule.
d)
Each regional superintendent shall provide written information to members of the
RPDRCs concerning the method for reimbursement of their expenses,
identification of reimbursable items, and rates of reimbursement.
e)
Each regional superintendent shall review all recommendations for license
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renewal or nonrenewal in light of the assurances and other information presented
and, using a form supplied by the State Board of Education, shall forward those
recommendations to the SEPLB along with an indication of his or her
concurrence or non-concurrence. The regional superintendent shall forward the
documentation specified in Section 25.835(g) of this Part as applicable in each
case.
f)
If any individual's statement of assurance indicates that he or she may be or is out
of compliance with Section 10-65 of the Illinois Administrative Procedure Act
with regard to child support payments, the regional superintendent shall separate
any statement of assurance of this type from those pertaining to licenses that are
recommended for renewal and shall forward them to the Secretary of the SEPLB
whenever he or she forwards the remainder of the materials called for in
subsection (e) of this Section, calling the Secretary's attention to the potential
noncompliance.
g)
Each regional superintendent shall notify all LPDCs and RPDRCs in his or her
region of the State priorities referred to in Section 25.810 of this Part.
h)
Based upon information provided by the licensees in his or her region, each
regional superintendent shall enter data into the centralized registry indicating the
valid and active or valid and exempt status of each license for each semester of its
validity.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.855 Approval of Professional Development Providers
A licensee may not receive credit for professional development activities completed for the
purpose of renewing the professional educator license with respect to activities offered by
entities that are not approved under Section 21B-45(g) of the School Code or this Subpart J. The
State Superintendent of Education shall post by July 1 of each year a list of the entities approved
for this purpose.
a)
Any provider, other than those listed in subsection (b), that received approval to
offer educator preparation programs prior to July 1, 2014 may continue to offer
professional development activities until December 31, 2014, provided those
activities conform to the requirements of Section 21B-45 of the School Code and
this Subpart J. Starting January 1, 2015, a provider meeting the requirements of
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subsection (c) must be granted approval under this Section in order to continue to
serve as an approved provider for license renewal purposes.
b)
c)
In accordance with Section 21B-45(g), the entities listed in this subsection (b) are
deemed approved to provide professional development activities for the renewal
of the professional educator license beginning July 1, 2014. No further approval
is necessary.
1)
The State Board of Education;
2)
Regional offices of education and intermediate service centers;
3)
Regionally accredited institutions of higher education that have been
approved under Subpart C to offer educator preparation programs;
4)
Illinois public school districts;
5)
Charter schools authorized under Article 27A of the School Code [105
ILCS 5/Art. 27A]; and
6)
Joint education programs established under Article 10 of the School Code
[105 ILCS 5/Art. 10] for the purposes of providing special education
services or career and technical education.
An Illinois professional association that represents one of the groups of educators
listed in this subsection (c) may be approved as a provider under this Section.
(See Section 21B-45(g)(3) of the School Code.) For purposes of this subsection
(c), "represents" means advocating for a group or advocating for or representing a
group's interests in local, State or federal legislative processes; acting for, in place
of, or on behalf of a group; and/or serving as a spokesman, proxy or attorney for a
group. "Represent" also shall refer to Illinois professional associations whose
primary purpose is to provide support to or promote the goals of a group of
educators or conduct research about issues of interest to a group. An eligible
Illinois professional association shall represent one or more of the following:
1)
School administrators holding Illinois educator licensure;
2)
Principals holding Illinois educator licensure;
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d)
3)
School business officials serving in Illinois public schools;
4)
Teachers holding Illinois educator licensure (e.g., special education
teachers, bilingual education teachers, early childhood teachers, career and
technical educators, teachers in various content areas);
5)
Boards of education established under Article 10 or Article 34 of the
School Code;
6)
Illinois public school districts;
7)
Parents of students enrolled in Illinois public schools; or
8)
School support personnel holding Illinois educator licensure.
Each association eligible under subsection (c) wishing to receive approval shall
submit an application in a format specified by the State Board of Education that
shall include:
1)
evidence that the professional development activities to be provided will
align to the Standards for Professional Learning (2011) promulgated by
Learning Forward, 504 South Locust Street, Oxford OH 45056 and posted
at http://learningforward.org/;
2)
a description of the intended offerings in terms of relevant State learning
standards to be addressed, including identification of the expected effect
on student achievement or school improvement that will result from the
skills and knowledge the licensee is expected to acquire from the activity;
3)
a description linking the professional development activities to one or
more of the purposes listed in Section 21B-45(h) of the School Code,
which are to:
A)
increase the knowledge and skills of school and district leaders
who guide continuous professional development;
B)
improve the learning of students;
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e)
C)
organize adults into learning communities, the goals of which are
aligned to those of the school and district;
D)
deepen educator's content knowledge;
E)
provide educators with research-based instructional strategies to
assist students in meeting rigorous academic standards;
F)
prepare educators to appropriately use various types of classroom
assessments;
G)
use learning strategies appropriate to the intended goals;
H)
provide educators with the knowledge and skills to collaborate;
and
I)
prepare educators to apply research to decision-making;
4)
the qualifications and experience the provider will require of presenters to
be assigned in each area;
5)
the mode of delivery of the professional development; and
6)
assurances that the requirements of subsection (e) will be met.
Each provider approved to issue credit for professional development activities
under Section 21B-45 of the School Code and this Section shall:
1)
verify attendance at its professional development activities, provide to
participants the standard forms referred to in Section 25.865, and require
completion of the evaluation form;
2)
maintain participants' evaluation forms for a period of not less than three
years and make them available for review upon request by staff of the
State Board of Education; and
3)
maintain attendance records for each event or activity it conducts for a
period of not less than six years.
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f)
Applicants may be asked to clarify particular aspects of their materials.
g)
The State Superintendent of Education shall respond to each application for
approval no later than 45 days after receiving it.
h)
A provider shall be approved to issue credit for clock hours completed in
increments of at least a quarter hour for a given type of activity only if the
provider's application provides evidence that:
1)
the activities it sponsors or conducts will be developed and presented by
persons with education and experience in the applicable content areas; and
2)
there is an apparent correlation between the proposed content of the
professional development activities, the relevant standards set forth in
Section 25.115(e), and one or more of the criteria set forth in Section 21B45(d) of the School Code and Section 25.805(a) of this Part.
i)
A provider not approved under this Section may work with any provider listed
under subsection (b) to offer professional development activities.
j)
Approval of a provider shall be valid until June 30 following the approval's being
in effect for two years. Continuation of that approval in year 2 shall be contingent
upon the State Superintendent receiving no evidence of noncompliance with the
requirements of this Subpart J.
k)
To request renewal of approval, a provider shall, by no later than March 1 of the
year of expiration, submit an application in a format specified by the State Board
of Education containing:
1)
a description of any significant changes in the material submitted as part
of its approved application, which shall include changes in the courses'
sequence, content, materials used, assessments, outcomes or purpose; or
2)
a certification that no significant changes of the type outlined in
subsection (k)(1) have occurred.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.860 Reporting by and Audits ofOut-of-State Providers
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Each provider listed under Section 25.855(b) or approved under Section 25.855(c) is subject to
the requirements of this Section.
a)
Each provider shall submit to the State Board of Education by June 30 annually a
list of the subcontractors used in the previous 12 months for professional
development activities for which credit was provided in accordance with this
Subpart J. For each subcontractor, the provider shall submit the name and
summary of each activity provided and the outcomes anticipated, including the
dates the activity occurred.
b)
Each provider shall submit to the State Board of Education by June 30 annually
any data and other information that responds to the requirements of Section 21B45(j)(2) of the School Code.
c)
An audit of each provider shall be conducted at least once every five years in
accordance with Section 21B-45(j)(3) of the School Code. Data and information
from the audits, as well as collected pursuant to subsections (a) and (b) of this
Section, shall be used to determine if the provider has met the requirements of
Section 21B-45 of the School Code and this Subpart J.
1)
In the event that a determination is made that applicable standards have
not been met, the State Board of Education may withdraw approval for
one or more types of activities or of the provider.
2)
A licensee may not receive credit for any professional development
activity that is designed for entertainment, promotional or commercial
purposes; that is solely inspirational or motivational; or that addresses
purposes other than those listed in Section 25.855(d)(3), and the State
Board may disapprove any activity found to be of this nature.
A)
When an activity is disapproved under this subsection (c), the
provider may continue to offer the activity but shall not provide to
any participants the standard form referred to in Section 25.865
and shall immediately revise all relevant notices and
advertisements to indicate the nature of the activity. The provider
shall be required to state in each notice or advertisement that the
activity generates no credit applicable to license renewal.
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Individuals who complete the activity once it is accurately
described shall not claim credit for it.
B)
Individuals who have completed an activity that is later
disapproved under this subsection (c) shall not be penalized with
respect to professional development credit accrued for that activity.
The requirements for approval of providers not based in Illinois shall be as set forth in this
Section unless Section 25.872 of this Part applies.
a)
Entities not based in Illinois that offer professional development activities for
which the target audience is groups of Illinois teachers shall be subject to the
requirements of Section 25.855 of this Part. A licensee may not receive credit
with respect to activities offered by an out-of-state entity unless it has been
approved pursuant to that Section.
b)
When an entity not based in Illinois conducts an activity outside Illinois, a
licensee may receive CPDUs with respect to that activity, provided that:
1)
2)
c)
the licensee documents his or her participation by maintaining on file:
A)
the program, agenda, or other announcement of the event; and
B)
a completion form supplied by the provider to indicate the
licensee's attendance at the event or, if no form was supplied, a
signed statement by the licensee to that effect; and
if the licensee's records are audited pursuant to Section 21-14(e)(4) of the
School Code, the program, agenda, or other announcement of the event is
found to demonstrate that there is an apparent correlation between the
content of the training received and one or more of the purposes the
recipient must address in his or her continuing professional development.
When a national or regional activity (e.g., the annual conference of the National
Council of Teachers of Mathematics) happens to be held in Illinois, that activity
shall not be treated as one for which the target audience is groups of Illinois
teachers. That is, provider approval shall not be required and credit shall be
available as described in subsections (b) and (c) of this Section.
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(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.865 Awarding of Credit for Activities with Providers
The SEPLB and the State Board of Education shall develop the requirements for a standard
formsform that shall be used by approved providers. These forms shall serve two purposes:
evaluation of the activity by the licensee and evidence of completion for the licensee with respect
to the activity. The State Board of Education shall make available information about the
required format and contents of these formsthis form so that providers may generate them for
their own use, other than providers who are subject to the requirements of Section 25.872 of this
Part.
a)
This form shall be provided to each participant who completes the activity, who
shall maintain it as evidence of completion of the professional development
activity(see Section 25.875(k) of this Part). In the case of a conference,
workshop-, or other event having more than one session, each session shall be
considered an "activity" for purposes of this SectionSubpart J.
b)
The provider shall complete the standard form to indicate the title, time, date,
location, and nature of the event and clock hours of credit earned (i.e., in
increments of a quarter hour).
c)
The number of CPDUs to be credited shall be in keeping with the provisions of
Section 25.875(k) of this Part. Time spent on multiple topics at the same event
may be combined to generate CPDUs.
c)d)
If the licensee's records are audited pursuant to Section 21B-45(j)21-14(e)(4) of
the School Code and Section 25.860 of this Part, credit for professional
development activities, CPDUs claimed shall be affirmed only when the standard
form is presented.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.872 Special Provisions for Interactive, Electronically Delivered Continuing
Professional Development (Repealed)
The requirements of this Section shall apply to the approval of providers and the awarding of
credit for activities that are electronically delivered, such as electronically mediated study
groups, seminars, and conferences, interactive CD-ROMs, and on-line professional development
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curricula. The provisions of Sections 25.855, 25.860, and 25.865 of this Part shall apply to these
activities only to the extent set forth in this Section.
a)
A licensee may accrue professional development credit for an activity under this
Section if the provider of the activity is approved for the applicable subject area
pursuant to subsections (b) through (f) of this Section. Alternatively, a licensee
may accrue credit for an activity without an approved provider by meeting the
requirements of subsection (h) of this Section.
b)
Each provider wishing to receive approval under this Section shall submit an
application using a format prescribed by the State Board of Education. For each
area of professional knowledge or skill in which the provider wishes to secure
approval, the application shall describe:
c)
1)
the intended offerings in terms of relevant standards to be addressed;
2)
the qualifications and experience the provider will require of the
presenters, moderators, and facilitators to be assigned in each area;
3)
the means by which individuals' participation and participants' identities
will be verified, consistent with subsection (e)(4) of this Section;
4)
the assistance that the provider will furnish to participants to foster their
understanding of the material covered in the activity and their ability to
complete the activity's requirements successfully; and
5)
the documentation that the provider will furnish to each individual who
completes a continuing professional development activity.
Each application shall provide assurances that the following requirements will be
met.
1)
The provider shall verify individuals' participation in its training activities,
provide documentation indicating whether those who participated in a
particular activity have completed it, and require participants to complete
evaluations of the activities that will gather at least the information
specified by the State Board of Education. The evidence of completion
provided to participants shall indicate the average or expected time
required so that one CPDU per hour of participation may be documented.
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2)
The provider shall maintain participants' evaluations for a period of not
less than three years and make them available for review upon request by
staff of the State Board of Education.
3)
The provider shall maintain records of participation and completion for
each activity it conducts or sponsors for a period of not less than five
years.
d)
Applicants may be asked to clarify particular aspects of their materials.
e)
A provider shall be approved under this Section only if all of the following
conditions are met.
1)
There is an apparent correlation between the content of the training
activities, the standards applicable to their intended participants, and one
or more of the purposes the participants are required to address in their
continuing professional development pursuant to Section 21-14(e)(2) of
the School Code.
2)
The activities will be developed and presented by persons with education
and experience in the applicable subject areas.
3)
The provider makes available to participants a mentor or facilitator who is
qualified by education and experience to serve as a presenter of the
activity.
4)
Participation in or completion of any portion of the activity that is not
designed to be attended in person is verified by some other means. That
is, each individual's participation yields either a product (e.g., a lesson
plan, a tape of teaching performance, a completed test) or a record of
interaction with a representative of the provider or with other participants
(e.g., a discussion board). These products and records are available for
evaluation by the provider, and each participant's receipt of the evidence
of completion for the activity is contingent upon their presentation to the
provider along with a brief written statement in which the licensee
discusses the skills and/or knowledge acquired and indicates, where
applicable, how the skills or knowledge will be applied in the context of
his or her teaching. Alternatively, if the licensee determines that the
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experience has not yielded knowledge or skills that can be used in his or
her teaching, he or she shall indicate that fact and briefly explain why this
is the case.
5)
Each participant who completes the activity receives verification from the
provider to that effect.
f)
The State Superintendent of Education, on behalf of the State Board of Education
and the SEPLB, shall respond to each application for approval no later than 30
days after receiving it.
g)
A licensee may receive continuing professional development credit for an activity
conducted by a provider approved under this Section to the extent that the activity
is relevant to one of the purposes applicable to the licensee.
h)
A licensee may receive continuing professional development credit for an activity
not conducted by a provider approved under this Section (to the extent that the
activity is relevant to one of the purposes applicable to the licensee) by meeting
the requirements of this subsection (h).
1)
The licensee shall maintain a syllabus, program, or summary prepared by
the provider or a summary written by the licensee.
2)
The licensee shall maintain any documents or other products developed
during the activity and any verification of completion supplied by the
provider.
3)
The licensee shall maintain a brief written statement meeting the
requirements of subsection (e)(4) of this Section.
4)
The licensee shall maintain a statement issued by the provider indicating
the average or expected amount of time required for completion of the
activity, which shall serve as the basis for credit in the form of CPDUs at a
rate of one per hour of direct participation.
(Source: Repealed at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.875 Continuing Professional Development Units (CPDUs) (Through June 30,
2014)
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This Section applies to CPDUs earned on or before June 30, 2014. A licensee shall record in
ELIS the number of CPDUs earned at a rate of one clock hour for one CPDU. The number of
CPDUs that were to be awarded for completion of specific activities and the required evidence of
completion for each shall be as set forth in this Section.
a)
b)
Participation on collaborative planning and professional improvement teams and
committees [105 ILCS 5/21-14(e)(3)(F)(i)]
1)
Definition: Attendance at and participation in no fewer than two-thirds of
the meetings of a group whose function is planning for professional
development activities that will benefit groups of teachers and/or the
school.
2)
Credit: Five CPDUs shall be credited per semester in which the individual
attends three to five meetings; eight CPDUs shall be credited per semester
in which the individual attends six or more meetings.
3)
Evidence of Completion: Written description of the purpose and intended
product of the team or committee; a record of the team's meetings
demonstrating the member's attendance; and the plan, activity description,
or other product that results from the group's work.
Peer review and coaching [105 ILCS 5/21-14(e)(3)(F)(ii)]
1)
Definitions
A)
Peer review: A process of one-on-one assistance between pairs of
teachers that is formally established by agreement between a
school district and its teachers or their exclusive representative, in
which the participants establish specific goals for the teacher being
reviewed and conduct a program of intervention to assist that
teacher with particular aspects of his or her teaching that includes
observation and assessment of the teacher's performance in
sessions lasting at least 20 minutes each, discussion of the
observations made by the reviewing teacher, and preparation of a
written summary by the reviewing teacher.
B)
Peer coaching: A process of one-on-one assistance between pairs
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of teachers, whether by formal arrangement under the auspices of
the employing district or by mutual agreement, in which the
participants observe each other's teaching and discuss the
observations made.
c)
2)
Credit: For peer review, nine CPDUs shall be credited per semester in
which there are three to five observations; 11 CPDUs shall be credited per
semester in which there are six or more observations. For peer coaching,
five CPDUs shall be credited per semester in which there are three to five
observations; eight CPDUs shall be credited per semester in which there
are six or more observations.
3)
Evidence of Completion
A)
For peer review: The school's, district's, or exclusive
representative's written program description or policy; a record of
the licensee's assignment and observation schedule; and a log of
the observation sessions and other meetings, indicating the time
spent, dates, and topics of discussion.
B)
For peer coaching: A log of the observation sessions and other
meetings, indicating the time spent, dates, and topics of discussion.
Mentoring in a formal program, including service as a consulting teacher
participating in a remediation process formulated under Section 24A-5 of the
School Code [105 ILCS 5/24A-5] [105 ILCS 5/21-14(e)(3)(F)(iii)]
1)
Definitions
A)
For a mentor: A formally established sequence of sessions lasting
no less than one quarter of a school year and involving preparation
with the recipient teacher prior to observing that teacher in the
classroom; observations; and provision of feedback, suggestions,
and techniques to the recipient teacher in response to each period
of observation.
B)
For a consulting teacher: Participation in the remediation process,
involving assistance in the development of a remediation plan,
provision of advice to the teacher under remediation; and
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C)
2)
i)
meetings lasting at least 20 minutes each with the
remediating teacher to discuss how to improve teaching
skills and successfully complete the remediation plan, to
review lesson plans, to conduct demonstrations, or to
provide feedback on observations conducted by an
administrator; or
ii)
meetings of the same length with an administrator or other
personnel to discuss the remediating teacher's progress or
classroom observation; or
iii)
classroom observation of the remediating teacher, including
preparation with the remediating teacher prior to the
observation and provision of feedback, suggestions, and
techniques to the remediating teacher in response to each
period of observation.
For a recipient or remediating teacher: A formally established
sequence of sessions lasting no less than one quarter of a school
year and involving consultation with the mentor or consulting
teacher in preparation for the lessons to be observed; teaching
under observation of the mentor or consulting teacher; and
interaction with the mentor or consulting teacher after each
teaching session to reflect upon the teaching and learning, receive
feedback, discuss alternatives and suggestions, and determine how
this information will be integrated into the teacher's future work.
Credit
A)
For a mentor or for a recipient or remediating teacher: Nine
CPDUs shall be credited for a semester in which there are three to
five observations; 11 CPDUs shall be credited for a semester in
which there are six or more observations.
B)
For a consulting teacher: Six CPDUs shall be credited for a
semester in which there are three to five meetings; eight CPDUs
shall be credited for a semester in which there are six or more
meetings; nine CPDUs shall be credited for a semester in which
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there are three to five meetings and one or more observations; 11
CPDUs shall be credited for a semester in which there are six or
more meetings and one or more observations.
3)
d)
e)
Evidence of Completion
A)
For a mentor or for a recipient or remediating teacher: The
school's, district's, or institution's written description of its
mentoring program or remediation process, including the required
number and length of cycles of interaction; and a log of the
observation sessions and other meetings, indicating the time spent,
dates, and topics of discussion.
B)
For a consulting teacher: The district's written description of its
remediation process; a record of assignment as a consulting
teacher; and a log of the observation sessions and other meetings,
indicating the time spent, dates, and topics of discussion.
Participating in site-based management or decision-making teams, relevant
committees, boards, or task forces related to school improvement plans [105
ILCS 5/21-14(e)(3)(F)(iv)]
1)
Definition: Attendance at and participation in no fewer than two-thirds of
the meetings of a group whose function is formulating recommendations
or plans related to budgeting or resource allocation, textbook choice,
curriculum modification, scheduling, or other aspects of school operations
related to issues noted in the school improvement plan.
2)
Credit: Eight CPDUs shall be credited per semester in which the
individual attends three to five meetings; 11 CPDUs shall be credited per
semester in which the individual attends six or more meetings.
3)
Evidence of Completion: A written description of the purpose and
intended product of the team or committee; a record of the team's
meetings; and a copy of the product or recommendation developed by the
team or committee.
Coordinating community resources in schools, if the project is a specific goal of
the school improvement plan [105 ILCS 5/21-14(e)(3)(F)(v)]
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f)
1)
Definition: Working with representatives of community agencies to
structure or facilitate their interaction with the school's or district's staff or
students for the purpose of meeting one or more needs identified in the
school improvement plan; must include more than the classes directly
taught by the licensee.
2)
Credit: Four CPDUs shall be credited per semester of service, or two
CPDUs per quarter.
3)
Evidence of Completion: The excerpt from the school improvement plan
highlighting the needs being met; a written statement prepared by the
licensee indicating the purpose or desired outcome of the external entities'
involvement; and a statement signed by the district administrator or
designee responsible for corroborating the individual's assignment to or
performance of this function.
Facilitating parent education programs for a school, school district, or regional
office of education directly related to student achievement or the school
improvement plan [105 ILCS 5/21-14(e)(3)(F)(vi)]
1)
Definitions
A)
Arranging for or coordinating presentations in the context of a
formally established program consisting of two or more sessions
and designed to serve parents of the students in a particular school
or district by informing or training them in one or more areas
related either to their children's achievement or to another need
identified in a school improvement plan.
B)
Delivering presentations in the context of a formally established
program consisting of two or more sessions and designed to serve
parents of the students in a particular school or district by
informing or training them in one or more areas related either to
their children's achievement or to another need identified in a
school improvement plan (to the extent that such presentations are
not part of the instruction routinely delivered as a function of the
licensee's assignment).
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g)
h)
2)
Credit: For facilitating a program, four CPDUs shall be credited per
semester, or two per quarter. For making presentations, eight CPDUs
shall be credited per semester, or four per quarter.
3)
Evidence of Completion
A)
For coordinating: The sponsoring entity's written description of
the parent education program and a statement signed by the
administrator or designee responsible for corroborating the
individual's assignment as facilitator or coordinator or indicating
that he or she performed these duties.
B)
For making presentations: The written program description
indicating that the licensee served as a presenter in the program.
Participating in business, school, or community partnerships directly related to
student achievement or school improvement plans [105 ILCS 5/2114(e)(3)(F)(vii)]
1)
Definition: Formal or informal exchange of information and resources
between a teacher and a business, educational institution, or other entity
for the purpose of improving student achievement or responding to a need
identified in the school improvement plan.
2)
Credit: Five CPDUs shall be credited per semester in which the individual
attends three to five meetings; eight CPDUs shall be credited per semester
in which the individual attends six or more meetings.
3)
Evidence of Completion: A written description of the partnership that
states its goals, identifies the needs it is designed to meet, and describes
the activities conducted by the licensee; and a copy of the relevant portion
of the school improvement plan that includes the specific needs identified.
Supervising a student teacher or teacher education candidate in clinical
supervision, provided that the supervision may only be counted once during the
course of 5 years [105 ILCS 5/21-14(e)(3)(F)(viii)]
1)
Definitions
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i)
A)
Service (as determined by the educator preparation institution in
conformance with Section 25.620 of this Part) as a supervising
teacher for a student teacher or a teaching candidate in clinical
supervision who is enrolled in an approved teacher preparation
program.
B)
Provision of at least 40 hours of supervisory service connected
with the pre-student-teaching practicum to one or more candidates
who are enrolled in an approved educator preparation program.
2)
Credit: Thirty CPDUs shall be credited for supervising a student teacher
or a teaching candidate in clinical supervision; 12 CPDUs shall be credited
for supervising one or more candidates in pre-student-teaching clinical
experience. Each of these types of supervision may be counted once
during the course of five years.
3)
Evidence of Completion: The written agreement between the school
district and educator preparation institution naming the licensee as a
supervising teacher for candidates of that institution; and, for supervision
of candidates in pre-student-teaching clinical experience, a log showing
the dates and times of service and the names of the candidates involved.
Completing undergraduate or graduate credit earned from a regionally
accredited institution in coursework relevant to the endorsement area being
renewed, including coursework that incorporates induction activities and
development of a portfolio of both student and teacher work that provides
experience in reflective practices, provided the coursework meets Illinois
professional teaching standards or Illinois content-area standards and supports
the essential characteristics of quality professional development [105 ILCS 5/2114(e)(3)(G)(i)]
1)
Fifteen CPDUs shall be credited for each semester hour of successfully
completed college or university coursework that is related to an
individual's license and relevant endorsements and addresses the standards
set forth in Subpart B of this Part relative to the licensee's fields of
teaching or assignment.
2)
Evidence of Completion: A grade report or official transcript issued by
the institution indicating that the licensee has passed the course.
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j)
k)
Teaching college or university courses in areas relevant to the endorsement area
being renewed, provided that the teaching may only be counted once during the
course of 5 years [105 ILCS 5/21-14(e)(3)(G)(ii)]
1)
Definition: Teaching a college-level course in a field that is related to an
individual's endorsements and results in the granting of college credit to
those enrolled.
2)
Credit: Twenty CPDUs shall be awarded for teaching a college course. A
course shall be considered "the same" if its description is the same in
different course catalogues issued by the same institution or, for a course
offered at more than one institution, if the syllabus for the course is
substantially the same. A course shall not be considered the same as
another course if a student may receive credit for successfully completing
both. In cases where two courses appear similar, the licensee wishing to
claim CPDUs for both shall be required to demonstrate how the two differ.
3)
Evidence of Completion: A course syllabus, signed contract or agreement,
or other documentation prepared by the college or university that identifies
the licensee as the teacher of a particular course.
Completing non-university credit directly related to student achievement, school
improvement plans, or State priorities [105 ILCS 5/21-14(e)(3)(H)(i)];
participating in or presenting at workshops, seminars, conferences, institutes, and
symposiums [105 ILCS 5/21-14(e)(3)(H)(ii)]; participating in or presenting at inservice training programs on suicide prevention [105 ILCS 5/21-14(e)(3)(H)(v)]
1)
Definitions
A)
Attendance at and participation in a conference, workshop,
institute, seminar, symposium, or other similar training event that
is organized by an entity approved pursuant to Section 25.855 or
Section 25.860 of this Part and addresses educational concerns.
B)
Making a presentation at a conference, workshop, institute,
seminar, symposium, or other similar event whose goal is the
improvement of teaching skills and knowledge.
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l)
m)
2)
Credit: One CPDU shall be credited for each hour of a licensee's
attendance or participation. Eight CPDUs shall be credited for an
individual's first presentation of a given topic; three CPDUs shall be
credited for a subsequent presentation of the same topic.
3)
Evidence of Completion
A)
For attendance: The standard form issued by the provider at the
conclusion of the session or event pursuant to Section 25.865 of
this Part.
B)
For presentation: The program prepared by the entity sponsoring
or conducting the event, identifying the licensee as presenter in a
topic area relevant to his or her licensure or teaching assignment.
Training as reviewers of university teacher preparation programs [105 ILCS
5/21-14(e)(3)(H)(iv)]
1)
Definition: Participation in a complete training sequence regarding the
process used by the State Board of Education in approving educator
preparation programs or recognizing educator preparation institutions
pursuant to Subpart C of this Part.
2)
Credit: Ten CPDUs shall be credited for the first instance of an
individual's participation. Five CPDUs shall be awarded for completion of
one additional training sequence within any one period of a license's
validity.
3)
Evidence of Completion: A certificate issued by the State Board.
Participating in action research and inquiry projects [105 ILCS 5/2114(e)(3)(I)(i)]
1)
Definition: Conducting a teacher-developed study at least one quarter of
the school year in length that is based upon a written protocol identifying
the aspect of education that will be investigated, the approach to be used,
and the desired or expected outcome of the project.
2)
Credit: Eight CPDUs per semester shall be credited for a project
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involving the licensee's own classes; 11 CPDUs per semester shall be
credited for a project involving or affecting classes other than or in
addition to the licensee's own classes.
3)
n)
o)
Evidence of Completion: The written protocol and a written summary of
the inquiry and its results that describes what the licensee has learned and
identifies the implications of the experience for the individual's future
teaching.
Observing programs or teaching in schools, related businesses, or industry that is
systematic, purposeful, and relevant to license renewal [105 ILCS 5/2114(e)(3)(I)(ii)]
1)
Definition: Engaging in a series of observations, either of teaching
performed by others or of work activity directly related to the licensee's
areas of licensure.
2)
Credit: Five CPDUs shall be credited per semester, or 2.5 CPDUs per
quarter.
3)
Evidence of Completion: A description of the observations prepared by
the licensee, including work to be observed, the purpose for which the
observations were to be conducted, the frequency and length of the periods
of observation, what was learned, and how the information will be used in
the individual's future teaching.
Traveling related to one's teaching assignment, directly related to student
achievement or school improvement plans and approved by the responsible
LPDC, if any, or, if no LPDC is responsible, by the regional superintendent or his
or her designee at least 30 days prior to the travel experience, provided that the
traveling shall not include time spent commuting to destinations where the
learning experience will occur [105 ILCS 5/21-14(e)(3)(I)(iii)]
1)
Definition: Travel lasting no less than three consecutive, full days, that
has been approved based on a plan submitted by the licensee. The plan
shall identify the activities or aspects of the travel that will contribute to
his or her professional development and describe what is to be
accomplished through the travel experience. (Approval by the LPDC or
the regional superintendent, as applicable, shall be understood to mean
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that CPDUs will be awarded if the planned travel is completed.)
p)
q)
2)
Credit: Twelve CPDUs shall be awarded per year in which the licensee
engages in an episode of qualifying travel, except that 15 CPDUs shall be
awarded per year in which a licensee who is a teacher of a foreign
language engages in an episode of qualifying travel to a destination where
the foreign language he or she teaches is commonly spoken in public. If a
licensee engages in additional episodes of qualifying travel in a year in
which he or she has been awarded the maximum number of CPDUs per
year for qualifying travel, he or she may carry over and claim this travel in
a subsequent year, provided that the licensee may not exceed the
maximum number of CPDUs allowable per year for qualifying travel.
3)
Evidence of Completion: The travel itinerary and a written journal
prepared by the licensee that summarizes the experience and reflects on
how he or she plans to use what was learned in the context of his or her
teaching.
Participating in study groups related to student achievement or school
improvement plans [105 ILCS 5/21-14(e)(3)(I)(iv)]
1)
Definition: Attendance at and participation in no fewer than two-thirds of
the meetings of a group that investigates one or more aspects of education
in a series of regular, structured, collaborative interactions with a view to
improving the members' practice or related outcomes among their
students.
2)
Credit: Six CPDUs shall be credited per semester in which the individual
attends three to five meetings; eight CPDUs shall be credited per semester
in which the individual attends six or more meetings.
3)
Evidence of Completion: A written statement of purpose for the group; a
list of the group's members; and summaries of the meetings showing
attendance by the licensee.
Serving on a statewide education-related committee, including but not limited to
the SEPLB, State Board of Education Strategic Agenda Teams, or the State
Advisory Council on Education of Children with Disabilities [105 ILCS 5/2114(e)(3)(I)(v)]
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r)
s)
1)
Definition: Attendance at and participation in no fewer than two-thirds of
the meetings of any of these bodies.
2)
Credit: Fifteen CPDUs shall be credited per year of qualifying service, or
7.5 CPDUs per semester.
3)
Evidence of Completion: Minutes of the group demonstrating the
individual's attendance during the period for which CPDUs are claimed.
If submission of minutes would breach confidentiality, a record of
attendance shall be sufficient.
Participating in work/learn programs or internships [105 ILCS 5/2114(e)(3)(I)(vi)]
1)
Definition: Participation in a structured program that pairs the licensee
with an employer or other entity under whose auspices the licensee can
acquire knowledge or skills for use in his or her future teaching or
position.
2)
Credit: Five CPDUs per semester shall be credited for one through ten
contact hours (or 2.5 CPDUs per quarter for five or fewer contact hours);
eight CPDUs per semester shall be credited for 11 through 20 contact
hours (or four CPDUs per quarter for 5.5 through ten contact hours); and
11 CPDUs per semester shall be credited for 21 or more contact hours (or
5.5 CPDUs per quarter for more than ten contact hours).
3)
Evidence of Completion: A signed letter from the employer or other
entity verifying the nature of the program or internship and stating the
length and frequency of the licensee's direct contact with other individuals
from whose knowledge or experience he or she was to benefit.
Developing a portfolio of student and teacher work [105 ILCS 5/2114(e)(3)(I)(vii)]
1)
Definition: Preparation of at least five portfolio "artifacts" or "entries",
each of which relates to a different assignment and consists of:
A)
samples of at least three students' work that responds to the
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specified assignment; and
B)
t)
a written analysis prepared by the licensee that describes:
i)
the assignment to which the work responds and the
teacher's goals for that assignment;
ii)
the instructional strategies and materials used and the
reasons for their selection;
iii)
what the students' work reveals about whether the teacher's
goals for the assignment were met; and
iv)
the successful and less-than-successful elements of the
assignment and changes the teacher might make in the
assignment or in his or her teaching in order to reach the
specified instructional goals.
2)
Credit: 15 CPDUs.
3)
Evidence of Completion: The materials referred to in subsection (s)(1) of
this Section.
Participating in curriculum development or assessment activities at the school,
school district, regional office of education, State, or national level [105 ILCS
5/21-14(e)(3)(J)(i)]
1)
Definition: Assisting in the planning, development, or refinement of
curriculum or assessments, or in their alignment with applicable standards.
The activity must be one sanctioned or structured either by the employing
school or district or by a statewide, national, or international educational
agency or organization. Requires participation in no fewer than two-thirds
of the group's working sessions.
2)
Credit: Eight CPDUs shall be credited per semester in which the
individual attends five or fewer meetings (or four CPDUs per quarter for
three meetings); 11 CPDUs shall be credited per semester in which the
individual attends six or more meetings (or 5.5 CPDUs per quarter for
more than three meetings).
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3)
u)
v)
Participating in team or department leadership in a school or school district [105
ILCS 5/21-14(e)(3)(J)(ii)]
1)
Definition: Service in a position of leadership established by a school or
district as part of its formal structure and lasting no less than one semester;
limited to those activities that relate to instruction in the area of
assignment; shall not include tasks unrelated to teaching knowledge,
skills, performance, or competence.
2)
Credit: Five CPDUs shall be awarded per semester of service.
3)
Evidence of Completion: A job description or other document created by
the district or the administrator responsible for assigning a leadership role
to the incumbent that is specific in terms of the responsibilities to be
carried out within particular periods of time relative to the instructional
goals of the department, school, or district.
Participating on institution of higher education approval review teams [105 ILCS
5/21-14(e)(3)(J)(iii)]
1)
Definitions
Participating on a review team convened pursuant to Section 25.155(i) of
this Part with respect to the initial recognition of an institution of higher
education and its approval to provide educator preparation programs.
2)
Credit: Fifteen CPDUs shall be credited for service on a program review
panel or for service on an institutional review team, provided that each of
these types of activities shall be credited no more than once per semester.
Evidence of Completion: Documentation of the individual's assignment
by State Board staff (program review panel, or institutional review team);
and a statement signed by the team's chair or convenor verifying the
licensee's participation for the duration of the process.
3)
w)
Evidence of Completion: Membership list and meeting summaries
showing the licensee's presence and participation; and the product of the
group's work, such as a curriculum guide or new assessment.
Publishing educational articles, columns, or books relevant to the endorsement
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area being renewed [105 ILCS 5/21-14(e)(3)(J)(iv)]
x)
1)
Definition: Writing about educational research, experiences, issues,
approaches, systems, or another topic that is related to the effective
practice of teaching.
2)
Credit: Forty CPDUs shall be credited for writing a book that is technical
or research-based; 20 CPDUs shall be credited for writing a book of any
other type. Fifteen CPDUs shall be credited for writing one or more
chapters of a book or for writing an article published in a refereed journal.
Eight CPDUs shall be credited for writing a column published at the
statewide level. Five CPDUs shall be credited for writing a column
published at the local level. In cases of multiple authorship, the CPDUs
earned shall be divided among the authors as they agree, provided that no
more than 100 percent of the available CPDUs shall be credited for any
item published.
3)
Evidence of Completion: A copy of each item published, showing the
date, publication, and publisher. In the case of an artistic work or other
creative endeavor such as development of a curriculum unit or software
package, the copyright shall serve as the evidence of "publication".
Participating in non-strike-related professional association or labor organization
service or activities related to professional development [105 ILCS 5/2114(e)(3)(J)(v)]
1)
Definition: Service on local professional development committees,
regional professional development review committees (including service
by licensees in districts without exclusive representatives), or other bodies
constituted by professional associations or labor organizations for
specified purposes related to the profession of teaching. Requires formal
selection by the organization. Examples include positions on committees
planning for or formulating educational or professional policies, standards
and structures. Activities related to the operations or functioning of the
professional association or labor organization shall not be eligible.
2)
Credit: Eight CPDUs shall be credited per semester in which the
individual attends three to five meetings; 11 CPDUs shall be credited per
semester in which the individual attends six or more meetings.
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3)
y)
Evidence of Completion: A written description of the position or activity;
if the purpose of the activity includes the preparation of a tangible product,
a copy of that product.
Other
Continuing professional development units shall be available for activities not
enumerated in subsections (a) through (x) of this Section based upon written
evidence maintained by the licensee that:
1)
describes the activity and its purpose, intensity, duration, and outcomes;
2)
discusses how the activity related to the improvement of the licensee's
knowledge and skills;
3)
identifies which of the activities enumerated in subsections (a) through (x)
of this Section the claimed activity most closely resembles (e.g., auditing a
college course is most similar to attendance at a workshop or seminar
under subsection (k) of this Section); and
4)
proposes a number of CPDUs that is commensurate with the value
assigned to the activity identified pursuant to subsection (y)(3) of this
Section.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
Section 25.880 "Valid and Exempt" Licenses; Proportionate Reduction; Part-Time
Teaching
a)
The requirements of this Subpart J regarding continuing professional development
are subject to proportionate reduction with respect to periods of time during which
a license is maintained as valid and exempt. The requirements of this Section
apply to licensees who are working in a position that does not require educator
licensure or working in a position for less than 50 percent of full-time
equivalency for any particular year. These licensees are considered to be exempt
and shall be required to pay only the registration fee in order to renew and
maintain the validity of the license. (Section 21B-45(e)(5) of the School Code)
1)
Each licensee shall, for notify the regional superintendent of schools of
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any yearsemester that he or she believes qualifies as a period of
exemption, enter the period of exemption into ELIS. The State Board of
Education shall make a form available for this purpose that will allow the
regional superintendent to determine whether an individual's license will
be considered valid and active or valid and exempt for any given semester.
The regional superintendent shall verify Upon verification of the licensee's
employment status, the license for that period of time will be determined
to be valid and active or valid and exempt. and shall, as applicable:
A)
enter the period of exemption into the centralized registry; or
B)
return the notification form to the licensee with an indication as to
why the period in question does not qualify as a period of
exemption.
2)
Periods of exemption shall be established in one-yearone-semester
increments. A one-year period of exemption shall be available only for a
school yearsemester during which a licensee is employed and performing
services for fewer than 50 percent of full-time equivalency45 school days.
Each one-semester period of exemption shall result in a ten-percent
reduction in the requirement for continuing professional development.
3)
When applying for renewal of his or her licenses, each licensee shall
identify the one-year periods of exemption that occurred during the 5-year
renewal cycleperiod of validity and the proportionate reduction (i.e., 20
percent reduction for each year of exemption) that applies to the
requirements for continuing professional development activities.
4)
Completion of professional development activities during a period of
exemption shall not affect the proportionate reduction in the total number
of clock hoursunits required for a licensee, but may be credited toward the
total amount of professional development needed in the 5-year renewal
cycleother than an individual who is a special education teacher (see
subsection (a)(5) of this Section).
5)
In the case of a special education teacher, if proportionate reduction in the
requirements for continuing professional development results in a conflict
between the total number of units of credit earned and the distribution of
those units, the individual shall be required to accumulate 50 percent of
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the reduced number of credits required in activities attributable to the
purposes set forth in Section 25.807(b) of this Part.
b)
A valid and exempt license may be immediately (i.e., within six months)
reactivated upon the licensee becoming employed in a position that requires an
educator license and performing services in an Illinois public or State-operated
school or cooperative or charter school. The licensee shall record the "active"
status in ELIS before the end of the 5-year renewal cycle.
c)
Holders of valid and exempt professional educator licenses endorsed in an
administrative field who are not employed in an Illinois public or State-operated
school or cooperative or charter school are not subject to the requirements of
Section 21B-45 of the School Code or this Subpart J.
b)
The requirement for continuing professional development shall be reduced by 50
percent with respect to a period of time during which the licensee has been
employed on a part-time basis, i.e., has been teaching for less than 50 percent of
the school day or school term. (Section 21-14(e)(1) of the School Code [105 ILCS
5/21-14(e)(1)])
c)
The reduced requirements for continuing professional development that apply
under Section 21-2(c)(8) of the School Code to licensees who have acquired
master's degrees, education specialists, doctorates, or NBPTS master designations
and whose applications for license renewal are received or processed on or after
July 1, 2004, shall also be subject to proportionate reduction if applicable under
this Section.
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
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Section 25.APPENDIX E Endorsement Structure Beginning July 1, 2013
Section 25.100 explains the endorsements issued on the professional educator license and the
availability of any content-specific endorsements (previously called "designations"). The
relevant provisions of Section 25.100(d) shall apply in cases in which no test is available (see
Section 25.710). Any individual holding only an endorsement available prior to July 1, 2004 that
was not exchanged for an endorsement available after that date, and, as applicable, content-area
endorsement, is limited to teaching only the content encompassed by the endorsement issued
prior to July 1, 2004.
Endorsements
Currently Available
Content-specific
Endorsements
Currently Available
Endorsements, with
Designations, as
applicable, Issued
July 1, 2004 until
July 1, 2013
Endorsements Issued
Prior to July 1, 2004
English Language
Arts
None
English Language
Arts
Reading Teacher
Reading Specialist
Mathematics
Science – Contentspecific Endorsement
Required
None
None
None
Science − Biology
Science − Chemistry
Science − Earth and
Space Science
Science −
Environmental
Science
Sciences − Physics
Reading Teacher
Reading Specialist
Mathematics
Science endorsement
with designations for:
English
Journalism
Language Arts
Speech
Reading
Reading
Mathematics
Biological
Science/Biology
Botany
Physiology
Zoology
Chemistry
Aerospace
Astronomy
Earth Science
Geology
Physical
Geography/
Fundamental
Learning Areas
Biology
Chemistry
Earth and Space
Science
Environmental
Science
Physics
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Endorsements
Currently Available
Social Sciences –
Content-specific
Endorsement
Required
Physical Education
Health Education
Dance
Drama/Theatre Arts
Music
Visual Arts
Foreign Languages –
Content-specific
Endorsement
Required
Content-specific
Endorsements
Currently Available
Endorsements, with
Designations, as
applicable, Issued
July 1, 2004 until
July 1, 2013
Social Sciences –
Economics
Social Sciences –
Geography
Social Sciences –
History
Social Sciences–
Political
Science
Social Sciences –
Psychology
Social Sciences –
Sociology and
Anthropology
None
None
None
None
None
Social Sciences
endorsement with
designations for:
None
Foreign Languages –
Arabic
Foreign Languages –
Chinese (Cantonese
or Mandarin)
Foreign Languages –
Visual Arts
Foreign Languages
endorsement with
designations for:
Economics
Geography
History
Political Science
Psychology
Sociology and
Anthropology
Physical Education
Health Education
Dance
Drama/Theatre Arts
Music
Arabic (2008)
Endorsements Issued
Prior to July 1, 2004
Physiography
Biological Science
Physical Science
General Science
Physics
Economics
Geography
U.S. History
World History
Political Science
Psychology
Anthropology
Sociology
Physical Education
Health Education
Dance
Theatre and Drama
Music
Instrumental Music
Vocal Music
Art
Arabic
Cantonese, Mandarin
French
German
Hebrew
Italian
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Endorsements
Currently Available
Content-specific
Endorsements
Currently Available
Endorsements, with
Designations, as
applicable, Issued
July 1, 2004 until
July 1, 2013
Endorsements Issued
Prior to July 1, 2004
French
Foreign Languages –
German
Foreign Languages –
Hebrew
Foreign Languages –
Italian
Foreign Languages –
Japanese
Foreign Languages –
Korean
Foreign Languages –
Latin
Foreign Languages –
Russian
Foreign Languages –
Spanish
Chinese (Cantonese
or
Mandarin)
French
German
Hebrew
Italian
Japanese
Korean
Latin
Russian
Spanish
Japanese
Korean
Latin
Russian
Spanish
Other foreign
languages, provided
the candidate meets
the requirements of
Section 25.100(i).
Other foreign
languages, as
applicable
Other foreign
languages, provided
the candidate
completed a major in
the foreign language
designated.
Additional
Teaching Fields
Agricultural
Education
None
Agricultural
Education
Agricultural Business
and Management
Agriculture
Agricultural Power
and Machinery
Horticulture
Agricultural
Resources
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Endorsements
Currently Available
Content-specific
Endorsements
Currently Available
Endorsements, with
Designations, as
applicable, Issued
July 1, 2004 until
July 1, 2013
Endorsements Issued
Prior to July 1, 2004
Business, Marketing,
and Computer
Education – Contentspecific Endorsement
Optional
Business Computer
Programming
Business, Marketing,
and Computer
Education
endorsement with a
designation for:
Accounting
Basic Business
Business Computer
Programming
Business/Marketing/
Management
Information
Processing
Information
Processing/Secretaria
l
Marketing
Computer
Applications
Computer Science
Child and Day Care
Services
Consumer Education
and Resource
Management
Fashion and Clothing
Services
Food and Nutrition
Services
Home Economics
Institutional and
Home Management
Services
Interior Furnishings
Services/Living
Environments
Interpersonal, Family
Business Computer
Programming
Computer
Applications
Computer Science
Family and
Consumer Sciences –
Content-specific
Endorsement
Required
None
None
Family and
Consumer Sciences –
Apparel and Textiles
Family and
Consumer Sciences –
Living Environments
Family and
Consumer Sciences –
Nutrition, Wellness,
and Hospitality
Computer
Applications
Computer Science
Family and
Consumer Sciences
endorsement with
designations for:
Apparel and Textiles
Living Environments
Nutrition, Wellness,
and Hospitality
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Endorsements
Currently Available
Content-specific
Endorsements
Currently Available
Endorsements, with
Designations, as
applicable, Issued
July 1, 2004 until
July 1, 2013
Endorsements Issued
Prior to July 1, 2004
Health Careers
Gifted Education
Teacher
Gifted Education
Specialist
Teacher Leader
Technology
Education
None
None
Health Careers
None
Relationships,
Parenting
Health Occupations
None
None
None
None
None
None
Teacher Leader
Technology
Education
Technology
Specialist
None
Technology
Specialist
Library Information
Specialist
Safety and Driver
Education
None
Library Information
Specialist
Safety and Driver
Education
None
Industrial
Technology
Education
Construction
Electronics
Graphic
Communications
Transportation
Manufacturing
Industrial
Technology
Public Service
Drafting/Design
Autobody Repair
Heating, Ventilation,
and Air Conditioning
Computer
Technology
Instructional
Technology
Media
None
Safety and Driver
Education
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Endorsements
Currently Available
Content-specific
Endorsements
Currently Available
Bilingual Education
Bilingual Education – Bilingual Education
Target Language
endorsement with a
designation for:
English as a New
Language (ENL) –
Content-specific
Endorsement
Optional (secondary
or K-12)
English as a Second
Language (ESL)
Middle School
(departmentalized)
ENL – Bilingual
Education (languagespecific)
Target Language
ENL endorsement
with a designation
for:
Bilingual Education
English as a Second
Language
None
Bilingual Education
(language-specific)
ESL
ESL
Middle Grades
(grades 5-8)
(February 2018)
Subject-specific
Elementary
Self-Contained
General Education
(grades K-9)
Self-Contained
General Education
(grades 1-6)
Early Childhood
Early Childhood
Special Education
Subject-specific
Endorsements, with
Designations, as
applicable, Issued
July 1, 2004 until
July 1, 2013
Endorsements Issued
Prior to July 1, 2004
Bilingual Education
with a Target
Language
Designation
Middle School
endorsement with
subject specific
designations
Middle School
(departmentalized)
Middle-Grades
Junior High School
None
Self-Contained
General Education
Self-Contained
General Education
None
None
None
None
Early Childhood
Special Education
Middle Grades
Junior High School
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Endorsements
Currently Available
Content-specific
Endorsements
Currently Available
Endorsements, with
Designations, as
applicable, Issued
July 1, 2004 until
July 1, 2013
Endorsements Issued
Prior to July 1, 2004
Early Childhood
Prekindergarten and
Self-Contained
General Education
(kindergarten-grade
3)
Special Education
Learning Behavior
Specialist I (LBS I)
Learning Behavior
Specialist II –
Content-specific
Endorsement
Required
None
Early Childhood
Self-Contained
General Education
Early Childhood
None
LBS I
LBS I
LBS II/Transition
Specialist
LBS II/Technology
Specialist
LBS II/Bilingual
Special Education
Specialist
LBS II/Deaf-Blind
Specialist
LBS II/Behavior
Intervention
Specialist
LBS II/Curriculum
Adaptation Specialist
LBS II/Multiple
Disabilities Specialist
An LBS II
endorsement with
designations for:
LBS II/Transition
Specialist
LBS II/Technology
Specialist
LBS II/Bilingual
Special Education
Specialist
LBS II/Deaf-Blind
Specialist
LBS II/Behavior
Intervention
Specialist
LBS II/Curriculum
Adaptation Specialist
LBS II/Multiple
Disabilities Specialist
Speech-Language
None
Pathologist (teaching)
Teacher of Blind or
None
Visually Impaired
LBS II/Transition
Specialist
LBS II/Technology
Specialist
LBS II/Bilingual
Special Education
Specialist
LBS II/Deaf-Blind
Specialist
LBS II/Behavior
Intervention
Specialist
LBS II/Curriculum
Adaptation Specialist
LBS II/Multiple
Disabilities Specialist
Speech-Language
Pathologist
Blind or Visually
Impaired
Speech-language
impaired
Blind or partially
sighted
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Endorsements
Currently Available
Content-specific
Endorsements
Currently Available
Endorsements, with
Designations, as
applicable, Issued
July 1, 2004 until
July 1, 2013
Endorsements Issued
Prior to July 1, 2004
Teacher of Deaf or
Hard of Hearing
None
Deaf or Hard of
Hearing
Hearing Impaired
None
Chief School
Business Official
Director of Special
Education
General
Administrative
Chief School
Business Official
Director of Special
Education
General
Administrative
General
Administrative
Superintendent
Teacher Leader
General
Administrative
Superintendent
None
School Counselor
School Nurse
School Psychologist
School Social
Worker
Non-Teaching
Speech-Language
Pathologist
Supervisory −
endorsement area
Guidance
School Nurse
School Psychologist
School Social
Worker
Non-Teaching
Speech-Language
Pathologist
Supervisory
Administrative
Chief School
Business Official
Director of Special
Education
General
Administrative
(through June 30,
2014)
Principal (2013)
Superintendent
Teacher
Leader
School Support
Personnel
School Counselor
School Nurse
School Psychologist
School Social
Worker
Speech-Language
Pathologist (nonteaching)
Supervisory −
endorsement area
(special education
only and school
support personnel)
None
None
None
None
None
None
None
None
None
None
None; see Sections
21-4 and 21-25 of the
School Code and
Section 25.497 of this
Part.
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NOTICE OF ADOPTED AMENDMENTS
(Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014)
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1)
Heading of the Part: Dismissal of Tenured Teachers under Article 24 and Dismissal of
Tenured Teachers and Principals under Article 34 of the School Code
2)
Code Citation: 23 Ill. Adm. Code 51
3)
Section Numbers:
51.10
51.235
51.290
4)
Statutory Authority: 105 ILCS 5/Art. 24 and Art. 34
5)
Effective Date of Rule: November 3, 2014
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? No
8)
A copy of the adopted rules, including any material incorporated by reference, is on file
in the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: July 11, 2014; 38 Ill. Reg. 14217
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposal and Final Version: In Sec. 51.235(a), "Entities that offer
professional development activities, such as training" was changed to "Training". The list
of eligible providers was expanded to include individuals.
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? No changes were requested by JCAR, and no agreement
letter was issued.
13)
Will this rulemaking replace any emergency rule currently in effect? No
14)
Are there any other proposed rulemakings pending on this Part? No
15)
Summary and Purpose of the Rulemaking: Section 24-16.5 of the School Code [105
ILCS 5/24-16.5] provides for the dismissal of teachers by a school board under an
Adopted Action:
Amendment
New Section
Amendment
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optional alternative evaluative dismissal (OAED) process. The OAED process may be
used when a tenured teacher has failed to complete a remediation plan with a
performance evaluation rating of "proficient" or higher and the teacher received the
"unsatisfactory" rating that necessitated the remediation plan through a performance
evaluation that incorporated data and indicators of student growth (referred to as "PERA
evaluations"), as authorized under Article 24A of the School Code [105 ILCS 5/Art.
24A]. Section 24-16.5 further provides that before a school board member can vote to
dismiss a teacher using the OAED process, he or she first must have "completed a
training program on PERA evaluations either administered or approved by the State
Board of Education".
When Part 51 was amended in 2012 to address changes in dismissal procedures, agency
staff relied on the application process for leadership training for school board members
set forth in 23 Ill. Adm. Code 1.210 (Public Schools Evaluation, Recognition and
Supervision) as the procedures to be used for approval of providers of PERA evaluation
training. School board leadership training is required under Section 10-16a of the School
Code [105 ILCS 5/10-16a] and that statute addresses particular areas of training that are
specific to the general duties of school board members. Additionally, Section 10-16a of
the School Code also authorizes the Illinois Association of School Boards (IASB) as an
approved provider. Since 23 Ill. Adm. Code 1.210 reiterates both the content of the
leadership training and the need for the State Board to consult with IASB when
approving providers, its provisions, when applied to approval of PERA trainers, were
confusing for both agency staff implementing the application process and entities
applying for approval.
51.290 of the dismissal rules has been removed, and new Section 51.235 (Approval of
Providers of PERA Training) articulates the process entities would use to seek approval
to become PERA trainers for school board members. While proposed Section 51.235
relies heavily on the application process set forth in Section 1.210, it differs in several
respects. Namely, it ties the course content to PERA evaluations and removes any
references to IASB since that organization is not statutorily authorized to provide PERA
training or participate in the approval of other PERA trainers.
16)
Information and questions regarding this adopted rule should be directed to:
Jeff Aranowski, Division Administrator
Public School Recognition Division
Illinois State Board of Education
100 West Randolph Street
ILLINOIS REGISTER
STATE BOARD OF EDUCATION
NOTICE OF ADOPTED AMENDMENTS
Suite 14-300
Chicago IL 60601
312/814-2223
The full text of the Adopted Amendments begins on the next page:
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TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER b: PERSONNEL
PART 51
DISMISSAL OF TENURED TEACHERS UNDER ARTICLE 24 AND
DISMISSAL OF TENURED TEACHERS AND PRINCIPALS
UNDER ARTICLE 34 OF THE SCHOOL CODE
SUBPART A: GENERAL PROVISIONS
Section
51.10
Definitions
SUBPART B: STANDARD DISMISSAL PROCEDURES
UNDER ARTICLES 24 AND 34 OF THE SCHOOL CODE
51.20
51.30
51.35
51.40
51.50
51.55
51.60
51.70
51.75
51.80
Applicability of this Subpart B
Notice of Charges to Tenured Teachers
Suspension without Pay
Qualifications and Selection of Hearing Officers; Conditions of Service
Suspension Pending the Hearing (Repealed)
Pre-Hearing Procedures
The Hearing
The Decision: School Districts Not Organized under Article 34 of the School
Code
The Decision: School Districts Organized under Article 34 of the School Code
Waiver, Interpretation and Application of this Part (Repealed)
SUBPART C: OPTIONAL ALTERNATIVE EVALUATIVE DISMISSAL
UNDER SECTION 24-16.5 OF THE SCHOOL CODE
Section
51.200
51.210
51.220
51.230
51.235
Purpose and Applicability of this Subpart C
Establishment of the List of Second Evaluators; Qualifications
Selection of Second Evaluators
Use of a Second Evaluator in Specific Remediations
Approval of Providers of PERA Training
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51.240
51.250
51.260
51.270
51.280
51.290
Hearing Procedures
Notice of Dismissal to the Affected Tenured Teacher
Qualifications and Selection of Hearing Officers
Scope of the Hearing
Findings of Fact and Recommendation of the Hearing Officer
Decision of Board
AUTHORITY: Implementing and authorized by Sections 24-12 and 34-85 of the School Code
[105 ILCS 5/24-12 and 34-85].
SOURCE: Rules Prescribed by the State Board of Education Governing the Procedure for the
Dismissal of Tenured Teachers in Illinois, adopted February 19, 1976; codified at 8 Ill. Reg.
13739; emergency amendment at 9 Ill. Reg. 13116, effective August 9, 1985, for a maximum of
150 days; amended at 10 Ill. Reg. 5807, effective April 2, 1986; emergency amendment at 10 Ill.
Reg. 19572, effective October 30, 1986, for a maximum of 150 days; amended at 11 Ill. Reg.
5950, effective March 23, 1987; amended at 29 Ill. Reg. 10108, effective June 30, 2005;
amended at 32 Ill. Reg. 4824, effective March 21, 2008; amended at 36 Ill. Reg. 12829, effective
July 25, 2012; amended at 38 Ill. Reg. 21906, effective November 3, 2014.
SUBPART A: GENERAL PROVISIONS
Section 51.10 Definitions
As used in this Part:
"Board" means the local school board and not the State Board of Education.
"Day" means calendar day unless otherwise specified in this Part, and the time
within which any action required under this Part must occur shall be determined
in accordance with the provisions of Section 1.11 of the Statute on Statutes [5
ILCS 70/1.11].
"General Superintendent" means the chief executive officer of City of Chicago
School District 299. (See 105 ILCS 5/34-6.)
"Parties" means the tenured teacher against whom charges are brought and the
school board bringing the charges.
"PERA" means the Performance Evaluation Reform Act of 2010 (P.A. 96-861,
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effective January 15, 2010).
"State Board" means the Illinois State Board of Education.
"Tenured Teacher" means any teacher who has entered upon contractual
continued service pursuant to Section 24-11 of the School Code [105 ILCS 5/2411] and, in school districts organized under Article 34 of the School Code [105
ILCS 5/Art. 34], a teacher or principal (see Sections 34-84 and 34-85 of the
School Code [105 ILCS 5/34-84 and 34-85]).
(Source: Amended at 38 Ill. Reg. 21906, effective November 3, 2014)
SUBPART C: OPTIONAL ALTERNATIVE EVALUATIVE DISMISSAL
UNDER SECTION 24-16.5 OF THE SCHOOL CODE
Section 51.235 Approval of Providers of PERA Training
In accordance with Section 24-16.5(f) of the School Code, only members of the Board who have
successfully completed a training program regarding performance evaluations administered or
approved by the State Board shall consider the findings of fact and recommendation and make a
determination as to whether the affected tenured teacher should be retained or dismissed using
procedures set forth in this Subpart C.
a)
Training organizations, institutions, regional offices of education, firms,
professional associations, universities and colleges, or individuals may apply to
the State Board of Education for approval to conduct PERA training.
b)
Each entity wishing to receive approval to offer PERA training shall submit an
application on a form supplied by the State Board of Education. An entity shall
submit the application to the State Board of Education any time between March 1
and May 1 of each even-numbered year. Any application received after May 1
shall not be considered for that approval cycle. The application shall include, but
is not limited to:
1)
evidence that the entity is knowledgeable about PERA and the optional
alternative evaluation process;
2)
a description of the training to be provided, to address how the training
activities will present participants with:
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c)
A)
a basic foundation of PERA;
B)
information specific to the components of a performance
evaluation plan required under Article 24A of the School Code
[105 ILCS 5/Art. 24A]; and
C)
information about the processes and procedures (i.e., professional
development plans, remediation plans, dismissal procedures) to
take place in the event of a "needs improvement" or
"unsatisfactory" performance evaluation rating, as defined in 23 Ill.
Adm. Code 50.30 (Evaluation of Educator Licensed Employees
under Articles 24A and 34 of the School Code);
3)
the qualifications and experience of the entity and of each presenter to be
assigned to provide the PERA training, which shall include evidence of a
presenter's specific skills and knowledge in this area; and
4)
assurances that the requirements of subsection (c) of this Section will be
met.
Each entity approved to provide training under this Section shall:
1)
verify attendance at its training activities, provide to participants a written
confirmation of their completion of the training, and require participants to
complete an evaluation of the training; and
2)
maintain attendance and evaluation records for a period of not less than
five years for each event or activity it conducts or sponsors.
d)
Applicants may be asked to clarify particular aspects of their materials.
e)
The State Superintendent of Education shall respond to each application for
approval no later than 30 days after receiving it.
f)
An entity shall be approved to offer PERA training if the entity's application
presents evidence that the training that it conducts will be developed and
presented by persons knowledgeable about PERA.
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g)
The State Board of Education will post on its website at www.isbe.net the list of
all approved providers.
h)
Approval as a provider shall be valid for two calendar years (i.e., January 1
through December 31). To request renewal of approval, a provider shall submit a
renewal application on a form supplied by the State Board of Education, within
the timeframe specified in subsection (b) of this Section, and containing:
1)
a description of any significant changes in the material submitted as part
of its approved application or a certification that no such changes have
occurred;
2)
assurances that the PERA trainings will be provided in a manner
consistent with the content of the approved application and any changes
proposed for the renewal period.
i)
A provider's approval shall be renewed if the application conforms to the
requirements of subsection (h), provided that the State Superintendent has
received no evidence of noncompliance with the requirements of this Section.
j)
The State Board of Education may evaluate an approved provider at any time to
ensure compliance with the requirements of this Section. Upon request by the
State Board, a provider shall supply information regarding its schedule of
training, which the State Board may, at its discretion, monitor at any time. In the
event an evaluation indicates that the requirements have not been met, the State
Board of Education may withdraw approval of the provider.
(Source: Added at 38 Ill. Reg. 21906, effective November 3, 2014)
Section 51.290 Decision of Board
a)
Within 45 days after receiving the hearing officer's findings of fact and
recommendation, the Board shall render a written order as to whether the affected
tenured teacher be retained or dismissed.
1)
A copy of the Board's decision shall be provided to the tenured teacher
either by certified mail, return receipt requested, or personal delivery with
receipt within five days after the date on which the Board rendered a
decision to retain or dismiss the affected tenured teacher. A copy of the
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Board's decision also shall be given by certified mail to the State Board of
Education addressed to the General Counsel, 100 W. Randolph Street,
Chicago, Illinois 60601.
b)
2)
Only Board members who have successfully completed a training program
regarding performance evaluations administered or approved by the State
Board shall consider the findings of fact and recommendation and make a
determination as to whether the affected tenured teacher should be
retained or dismissed. Approval of an entity to offer the training required
under this subsection (a)(2) shall be as set forth in 23 Ill. Adm. Code 1.210
(Approval of Providers of Training for Board Members).
2)3)
If the Board determines that the affected tenured teacher should be
dismissed, contrary to the hearing officer's findings of fact and
recommendation, then the Board shall provide in its written order its
conclusion and the reasons for making that determination.
3)4)
The failure of the Board to strictly adhere to the timeline set forth in this
subsection (a) does not render it without jurisdiction to dismiss the teacher
(Section 24-16.5(f) of the School Code).
The decision of the Board is final unless reviewed under the Administrative
Review Law, as provided in Section 24-16.5(g) of the School Code.
1)
The affected tenured teacher shall file the appeal within 35 days from the
date that he or she received the Board's decision pursuant to subsection
(a)(1) of this Section.
A)
For a teacher dismissed by a school district having fewer than
500,000 inhabitants, the judicial review must be taken directly to
the appellate court of the judicial district in which the school
district's Board maintains its primary administrative offices
(Section 24-16.5(g)(2) of the School Code).
B)
For a teacher dismissed by a school district organized under
Article 34 of the School Code, the judicial review must be taken
directly to the Illinois Appellate Court for the First District
(Section 24-16.5(g)(1) of the School Code).
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c)
2)
If the hearing officer recommended dismissal, the decision of the Board
may be reversed only if it is found to be arbitrary, capricious, an abuse of
discretion, or not in accordance with law (Section 24-16.5(g) of the
School Code).
3)
In the event judicial review is instituted by a teacher, any costs of
preparing and filing the record of proceedings must be paid by the teacher
(Section 24-16.5(g) of the School Code).
4)
The record of the proceedings shall contain each of the items enumerated
in Section 51.70(a)(2)(B) of this Part.
Pursuant to Section 24-16.5(f) of the School Code, the Board shall not lose
jurisdiction to discharge a teacher if the hearing officer fails to render a decision
within the applicable time specified in this Section.
(Source: Amended at 38 Ill. Reg. 21906, effective November 3, 2014)
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1)
Heading of the Part: Charter Schools
2)
Code Citation: 23 Ill. Adm. Code 650
3)
Section Numbers:
650.10
650.20
650.30
650.55
650.65
650.Appendix A
4)
Statutory Authority: 105 ILCS 5/Art. 27A
5)
Effective Date of Rule: November 3, 2014
6)
Does this rulemaking contain an automatic repeal date? No
7)
Does this rulemaking contain incorporations by reference? Yes, in Sec. 650.Appendix A.
8)
A copy of the adopted rule, including any material incorporated by reference, is on file in
the Agency's principal office and is available for public inspection.
9)
Notice of Proposal published in the Illinois Register: May 30, 2014; 38 Ill. Reg. 11482
10)
Has JCAR issued a Statement of Objection to this rulemaking? No
11)
Differences between Proposal and Final Version: Section 650.30 was modified,
pertaining to the collection of information relative to students with disabilities and
English learners.
Adopted Action:
Amendment
Amendment
Amendment
New Section
New Section
New Section
The date for submission of the report required under Section 650.55 was changed from
July 1 to January 30 of each odd-numbered year.
Two statutory reasons for consideration of corrective action were added in Section
650.55(a)(3) and emphasized in Section 650.65(k)(1)(D).
The definition of "low student performance" was more precisely stated in subsection
(a)(4) and cross-referenced in Section 650.65(k)(1)(A).
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A one-year limit was added to Section 650.65(b) for when a complaint must be submitted
from the time the alleged violations occurred.
A process to inform complainants of the results of any investigation was added as new
Section 650.65(b)(3).
Section 650.65(c) was modified to restrict redaction of complaints to only that
information exempted under the Illinois Freedom of Information Act.
Section 650.65(c)(4) articulates the requirement for the authorizer to submit to the
complainant a written response to the State Board of Education's notification of
deficiencies.
Sections 650.65(d)(2) and 650.65(e) were modified to require notification be provided to
the authorizer when the State Board of Education conducts a reasonable inquiry of one of
the authorizer's charter schools.
Other nonsubstantive wording modifications were made in response to JCAR in 650.65
and Appendix A.
12)
Have all the changes agreed upon by the Agency and JCAR been made as indicated in the
agreements issued by JCAR? Yes
13)
Will this rulemaking replace any emergency rule currently in effect? No
14)
Are there any other proposed rulemakings pending on this Part? No
15)
Summary and Purpose of the Rulemaking: New Sections 650.55 and 650.65 address two
provisions contained in Section 27A-12 of the School Code: biennial reporting to the
State Board by authorizers of charter schools and ongoing monitoring of charter school
authorizers by the agency to ensure compliance with laws and rules governing charter
schools. The rules also set forth the procedures that the State Board will use to sanction
charter school authorizers or charter schools that are chronically underperforming.
Section 27A-12 of the School Code requires the State Board to publish a report about
charter schools in January of every even-numbered year. To compile this report, the
State Board must collect certain data from charter school authorizers by no later than
September 30 of every odd-numbered year. New Section 650.55 lists the information
and data that all charter school authorizers must include in their reports. Agency staff
will use this information and data to produce its biennial report.
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As further set forth in Section 27A-12 of the School Code, the State Board is authorized
to remove a charter school authorizer's power to establish charter schools or oversee
existing charter schools in those situations when the authorizer "does not demonstrate a
commitment to high-quality authorization practices". The State Board also may, "if
necessary, revoke the chronically low-performing charters authorized by the authorizer at
the time of the removal". New Section 650.65 specifies the grounds upon which the State
Board may remove an authorizer's authorizing power, based on information the agency
receives from an authorizer's biennial reports, as well as complaints submitted to the
agency and other ongoing monitoring efforts. The proposed amendments also establish a
process for the State Board to follow if it chooses to remove an authorizer’s power to
authorize charter schools and address the process to be taken to determine the status of
any charter schools established by an authorizer whose authorizing powers have been
removed.
Modifications in Section 650.30 place into rule specific mention of the format that
authorizers must use when submitting to the State Board reports of approved charter
school applications and reports related to renewal of approved charters or revisions to
those charters made after approval is granted. The majority of the changes in Section
650.30 will correct the rule’s oversight in not listing the complete requirements that apply
to these reports.
Additionally, in response to public comment received, staff modified Section 650.30 to
require submission of additional information relative to English learners enrolled in the
charter schools at the time reports of approved charter schools or renewals are submitted.
16)
Information and questions regarding this adopted rule should be directed to:
Jen Saba, Assistant General Counsel
Office of the General Counsel
Illinois State Board of Education
100 West Randolph Street
Suite 14-300
Chicago IL 60601
312/814-2223
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER
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NOTICE OF ADOPTED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER o: MISCELLANEOUS
PART 650
CHARTER SCHOOLS
SUBPART A: GENERAL PROVISIONS
Section
650.10
650.20
Definitions
Purpose
SUBPART B: ACTIONS OF THE STATE BOARD OF EDUCATION
Section
650.30
650.40
650.50
650.55
650.60
650.65
650.70
Submission to the State Board of Education
Review by the State Superintendent of Education of Local or Commission
Approvals
Revision and Renewal of Charters
Biennial Reporting Requirements
Appeal of Local School Board Decisions (Repealed)
Monitoring of Charter Authorizers by the State Board of Education; Corrective
Action
Procedures for Closing a Charter School
SUBPART C: ACTIONS OF THE STATE CHARTER SCHOOL COMMISSION
Section
650.100
650.110
Appeals to, and Requests for Consideration by, the Commission
Review of Appeals and Requests for Consideration; Decision
650.APPENDIX A
Principles and Standards for Authorizing Charter Schools
AUTHORITY: Implementing and authorized by Article 27A of the School Code [105 ILCS
5/Art. 27A].
SOURCE: Emergency rules adopted at 20 Ill. Reg. 6329, effective April 23, 1996, for a
maximum of 150 days; emergency expired; emergency amendment at 20 Ill. Reg. 8677, effective
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June 25, 1996, for a maximum of 150 days; new Part adopted at 20 Ill. Reg. 15284, effective
November 15, 1996; emergency amendments at 22 Ill. Reg. 1479, effective January 1, 1998, for
a maximum of 150 days; emergency expired; emergency amendment at 22 Ill. Reg. 5104,
effective February 27, 1998, for a maximum of 150 days; emergency expired; amended at 22 Ill.
Reg. 16455, effective September 3, 1998; amended at 36 Ill. Reg. 14801, effective September
20, 2012; amended at 38 Ill. Reg. 21916, effective November 3, 2014.
SUBPART A: GENERAL PROVISIONS
Section 650.10 Definitions
"Article 27A of the School Code" or the "Charter Schools Law" means 105 ILCS
5/Art. 27A.
"Authorizer" has the meaning set forth in Section 27A-3 of the School Code and
includes the Commission.
"Commission" means the State Charter School Commission (see Section 27A7.5has the meaning set forth in Section 27A-3 of the School Code).
"Day" means calendar day, unless otherwise specified in this Part. The time
within which any action required under this Part must occur shall be determined
in accordance with the provisions of Section 1.11 of the Statute on Statutes [5
ILCS 70/1.11].
"School Code" means 105 ILCS 5.
(Source: Amended at 38 Ill. Reg. 21916, effective November 3, 2014)
Section 650.20 Purpose
Article 27A of the School Code sets forth the requirements for a charter school and the procedure
for consideration of a charter school proposal by a local boardboards of education, by two or
more local boards of education pursuant to Section 27A-4(e) of the School Code, or by the
Commission.
a)
This Part sets forth the procedures applicable to reporting to the State Board of
Education by local school boards and the Commission of the submission of
charter school proposals, as required by Sections 27A-8(f) and 27A-9(e) and 27A9(f) of the School Code, and of reporting of data regarding the charter schools
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under the authorizer, as required by Section 27A-12 of the School Code.
b)
ThisFurther, this Part further sets forth procedures for appeals to the Commission
of local board of education decisions under Section 27A-9 of the School Code and
for the orderly closing of charter schools.
c)
This Part also sets forth the procedures for the State Board of Education to
remove the power of authorizers to authorize charter schools as provided under
Section 27A-12 of the School Code.
(Source: Amended at 38 Ill. Reg. 21916, effective November 3, 2014)
SUBPART B: ACTIONS OF THE STATE BOARD OF EDUCATION
Section 650.30 Submission to the State Board of Education
Local boards of education shall submit a final report to the State Board of Education as to the
action by the local boards of education with regard to an application for, revision of, renewal of,
or revocation of a charter. A copy of the report shall be provided to the applicant or charter
holder at the same time that the report is submitted to the State Board of Education. Reports
shall be submitted as follows.
a)
b)
The local board of education shall submit the report to the State Board of
Education either by electronic mail or U.S. mail to the address in subsection (e) of
this Section not later than seven days after the date of the public meeting at which
the board acted on the charter request.
1)
For reports submitted by U.S. mail, the report must bear a postmark date
of not later than seven days following the meeting date.
2)
In case of separate public meetings by each school board involved, the
seven days shall begin when the last school board votes on the matter.
Section 27A-6 of the School Code provides that a proposed contract between the
governing body of a proposed charter school and the local school board must be
submitted to and certified by the State Board before it can take effect.
1b)
Reports of approved applications, revisions, or renewals shall consist of
the charter school proposal voted upon by each of the local boards of
education authorizing the charter school and the contractual agreement.
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The report also shall be accompanied by each of the forms,a form to be
supplied by the State Superintendent of Education, listed in this subsection
(b)(1). Reports lacking one or more of these documents shall be
considered incomplete and shall not be reviewed for certification until all
required items have been submitted.Board that
2)
A)
A form attestingattests to the local board of education's compliance
with all of the procedural requirements and application
components set forth in Article 27A of the School Code. The form
and the proposed contractual agreement shall be signed by the
president of each local school board that is a party to the
application and the appropriate officers of the charter school
governing body. Section 27A-6 of the School Code provides that a
proposed contract between the governing body of a proposed
charter school and the local school board must be submitted to
and certified by the State Board before it can have effect.
B)
A budget narrative and financial schedule for the term of the
charter.
C)
A plan for the provision of special education services to students
with disabilities enrolled in the charter school that aligns to the
requirements of Article 14 of the School Code [105 ILCS 5/Art.
14] and 23 Ill. Adm. Code 226 (Special Education), and which, for
approved applications, shall at least include, but not be limited to,
an explanation of how parents of students with disabilities will be
informed of their students' eligibility to participate in the charter
school lottery held pursuant to Section 27A-4(h) of the School
Code and how the charter school will identify students who may be
eligible to receive special education services at the charter school.
D)
A plan for the provision of educational services for English
learners that aligns to the requirements of Article 14C of the
School Code [105 ILCS 5/Art. 14C] and 23 Ill. Adm. Code 228
(Transitional Bilingual Education).
Reports of approved revisions shall consist of the revised contractual
agreement. The report also shall be accompanied by the form specified in
subsection (b)(1)(A) and may include the forms specified in subsection
(b)(1)(B) or (b)(1)(C), as applicable to the revisions being made.
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c)
Reports of denials, revocations or non-renewals shall consist of the charter
proposal or current charter contract voted upon by each of the local boards of
education; a copy of each board's resolution setting forth the board's action and its
reasons for the action; a notice to the applicant or charter holder to the effect that
a denial, revocation or non-renewal of a charter school application or revision
may be appealed to the Commission within 30 days from the date that the school
board voted to deny the application or revoke or not renew a contract; and any
other documents upon which the board relied in denying the current proposal or
revoking or not renewing the contract.
d)
Each submission under subsection (b) or (c) of this Section also shall include a
certification of publication and a copy of the printed notice of the public meeting
for each local board of education involved, as required by Section 27A-8(d) of the
School Code.
e)
Reports shall be submitted via electronic submission to [email protected] or by
certified mail, return receipt requested, addressed to:
Illinois State Board of Education
Charter Schools
100 West Randolph Street
Suite 14-300
Chicago, Illinois 60601
f)
Reports and other documentation pertaining to denials, revocations or nonrenewals also shall be submitted to the Commission within the timeframe set forth
in subsection (a) of this Section via electronic submission to
[email protected] or by certified mail, return receipt requested,
addressed to:
State Charter School Commission
Michael A. Bilandic Building
160 North LaSalle Street, 6th Floor
Chicago, Illinois 60601
(Source: Amended at 38 Ill. Reg. 21916, effective November 3, 2014)
Section 650.55 Biennial Reporting Requirements
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a)
No later than September 30 of every odd-numbered year, each authorizer shall
submit a report to the State Board of Education that shall respond at least to the
reporting elements set forth in Section 27A-12 of the School Code. The State
Superintendent of Education shall develop and post at
http://www.isbe.net/charter/Default.htm by January 30 of each odd-numbered
year a standard form that shall be used for this purpose.
b)
The report shall include, but not be limited to, the information specified in this
subsection (b), to be reported for each of the two school years immediately
preceding submission of the report.
1)
The name, job title and contact information for each person who has
principal responsibilities relative to the authorization of charter schools
and, if applicable, the name of each contractor so engaged and a
description of its authorizing responsibilities.
2)
Information relative to the authorizer's strategic vision for chartering,
strategies for accomplishing that vision and an assessment of progress
toward achieving that vision.
3)
Information relative to the chartering policies and practices developed and
maintained by the authorizer, including but not limited to:
4)
A)
Solicitation and evaluation of charter applications;
B)
Decision-making processes regarding new charter approvals;
C)
Negotiation processes to ensure execution of sound charter
contracts with clear performance standards established for each
approved charter school;
D)
Ongoing charter school oversight and evaluation;
E)
Charter renewal decision-making; and
F)
Charter school non-renewal or revocation decision-making.
The status of the authorizer's charter school portfolio in each of the
following categories:
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A)
B)
For any charter school that has been approved but is not opened by
the date the authorizer submits its report to the State Board of
Education:
i)
the targeted student population and the community the
school hopes to serve;
ii)
the location or geographic area proposed for the school;
iii)
the projected enrollment;
iv)
the grades to be operated during each year in the term of
the charter contract;
v)
the names and contact information for the governing board;
and
vi)
the planned date for opening.
The number of charter schools operating in each of the following
categories:
i)
Charter schools operating more than one campus under a
single charter agreement;
ii)
Virtual charter schools;
iii)
Charter schools devoted exclusively to students from lowperforming or overcrowded schools; and
iv)
Charter schools devoted exclusively to re-enrolled high
school dropouts and/or students at risk of dropping out.
C)
Information relative to each charter school whose charter was
renewed, to include at least the date of renewal.
D)
Information relative to each charter school whose charter was
transferred to another authorizer, to include at least the effective
date of the transfer.
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E)
Information relative to each charter school whose charter was not
renewed or was revoked, to include at least the effective date of
and reasons for the non-renewal or revocation.
F)
Information relative to each charter school that was voluntarily
closed, to include at least the effective date of the closure.
G)
Information relative to each charter school that was approved but
was never opened and has no planned date for opening.
5)
The total student enrollment by September 30 of the applicable school
year for all charter schools authorized by the authorizer.
6)
Information relative to the academic and financial performance of each of
the authorizer's operating charter schools, to include at least data related to
the performance expectations for charter schools set forth in Section 23.64 of the School Code or the charter contract.
7)
The authorizer's operating costs and expenses associated with the
performance of the powers and duties enumerated in Section 27A-7.10(a)
of the School Code and any additional duties set forth in the terms of each
charter contract.
8)
A description of the general categories of services provided by the
authorizer to the charter schools in its portfolio pursuant to Section 27A11(b) of the School Code, as set forth in the charter school contracts, and
an itemized accounting of the revenue the authorizer received from its
charter schools for a particular service and the authorizer's actual costs for
services provided, when applicable.
(Source: Added at 38 Ill. Reg. 21916, effective November 3, 2014)
Section 650.65 Monitoring of Charter Authorizers by the State Board of Education;
Corrective Action
In accordance with Section 27A-12 of the School Code, the State Board of Education shall rely
on information reported by authorizers pursuant to Section 650.55 and ongoing monitoring of
both charter schools and authorizers to determine whether to remove the power to authorize
from any authorizer in this State if the authorizer does not demonstrate a commitment to highquality authorization practices and, if necessary, revoke the charters of the chronically low-
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performing charters authorized by the authorizer at the time the power to authorize is removed.
[105 ILCS 5/27A-12]
a)
A charter school authorizer may be subject to corrective action, including but not
limited to removal of chartering authority, in the following circumstances:
1)
Failure to develop chartering policies and practices consistent with the
principles and standards set forth in Appendix A (see Section 27A-7.10(e)
of the School Code);
2)
Failure to comply with any State or federal statutory or regulatory
requirement for charter authorization;
3)
Failure to require a plan of remediation pursuant to Section 27A-9(c) of
the School Code for, and/or close, charter schools that:
4)
A)
committed a material violation of any of the conditions, standards
or procedures set forth in the charter; and/or
B)
violated any provision of law from which the charter school was
not exempted under Article 27A of the School Code;
Failure to require a plan of remediation pursuant to Section 27A-9(c) of
the School Code for, and/or close, charter schools that:
A)
have exhibited low student performance as evidenced by:
i)
a school's student achievement being among the lowest 5
percent of schools in the State, as determined by a threeyear average of State assessment results for all students in
reading and mathematics;
ii)
if the charter school is a high school, an average graduation
rate of less than 60 percent over the three school years
immediately preceding the year in which corrective action
is being considered; or
iii)
receipt of a school improvement grant under Section
1003(g) of Title I of the Elementary and Secondary
Education Act of 1965 (20 USC 6301 et seq.); and/or
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B)
b)
fail to meet performance targets and standards established by the
authorizer in a charter school performance plan by the timelines
specified in the plan;
5)
Failure to require a plan of remediation pursuant to Section 27A-9(c) for,
and/or close, charter schools for financial mismanagement or failure to
meet generally accepted standards of fiscal management; and/or
6)
A pattern of evidence-based complaints about the authorizer or any of its
public charter schools, filed with the State Superintendent of Education in
accordance with subsection (b).
A complaint alleging that an authorizer has violated a requirement of Article 27A
of the School Code or this Part may be submitted in writing to the State
Superintendent of Education no later than one calendar year from the date of the
alleged violations.
1)
2)
The written complaint shall include:
A)
A statement as to which provision of law or rules has been
violated;
B)
The date or dates upon which the violation occurred;
C)
The facts on which the statement is based; and
D)
The signature and contact information for the complainant.
A complaint submitted in accordance with subsection (b)(1) shall be
considered by the State Superintendent of Education unless:
A)
It clearly appears on its face to be frivolous, trivial or designed or
intended primarily to harass the authorizer;
B)
The State Superintendent of Education has documentation that the
authorizer already is satisfactorily addressing issues that are
substantially the same as those raised in the complaint;
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3)
c)
C)
Prior to any action by the State Superintendent of Education, the
complainant withdraws the complaint; or
D)
The alleged violation occurred more than one calendar year after
the complaint was submitted to the State Superintendent of
Education.
At the conclusion of any complaint investigation, the State Board shall
provide to the complainant a written decision that addresses each
allegation in the complaint and contains:
A)
Findings of fact and conclusions with respect to those allegations;
B)
The reasons for the State Board of Education's final decision; and
C)
Orders for any actions or sanctions, including, without limitation,
technical assistance activities and negotiation, imposed against the
authorizer and/or any charter schools under its jurisdiction.
When the State Superintendent of Education has information that the authorizer
may meet one or more of the conditions specified in subsection (a), or upon a
determination that a complaint submitted pursuant to subsection (b) is within the
State Board of Education's jurisdiction (i.e., alleges a violation of Article 27A of
the School Code or this Part) and merits consideration (e.g., subsection (b)(2)),
the State Superintendent shall provide written notification to the authorizer
enumerating the deficiencies found or the particulars of the complaint filed
against the authorizer and providing a copy of the complaint, redacting any
information that is protected from disclosure under one or more exemptions
enumerated in the Illinois Freedom of Information Act [5 ILCS 140].
1)
The written notification shall be sent by certified mail, return receipt
requested, to the authorizer, and a copy of the notification shall be
provided by regular U.S. mail to the complainant.
2)
Upon receipt of the notification, the authorizer shall have no more than 15
days to provide a written response to the State Board of Education. The
authorizer and the State Superintendent of Education may mutually agree
to a longer time for response, but in no case shall the response time exceed
45 days. The written response shall be addressed to the General Counsel,
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Illinois State Board of Education, 100 West Randolph Street, Suite 14300, Chicago, Illinois 60601.
d)
3)
The authorizer's written response shall include a statement addressing any
of the deficiencies cited by the State Superintendent of Education or the
issues raised in a complaint, as well as any documentation requested by
the State Superintendent.
4)
The authorizer shall provide a copy of the written response and any
supporting documentation to the complainant within the timelines
established pursuant to subsection (c)(2).
Reasonable Inquiry
1)
The State Superintendent of Education may conduct a reasonable inquiry
to determine if the authorizer has violated any of the provisions of Article
27A of the School Code or this Part if:
A)
The authorizer fails to respond to the complaint within the
timeframe specified in subsection (c);
B)
The authorizer denies the allegations in the complaint;
C)
It cannot otherwise be determined on the face of the complaint and
the authorizer's response as to whether the authorizer has violated
any Section of the Charter Schools Law or this Part; or
D)
In the authorizer's initial response, the authorizer concedes
noncompliance and agrees to take appropriate remedial action, but:
i)
The complainant submits additional documentation, either
orally or in writing, alleging that no remedial action has
occurred or that remediation was not completed within the
timeframe committed to by the authorizer; or
ii)
The State Superintendent of Education finds that no
remedial action has occurred or remediation was not
completed within the timeframe committed to by the
authorizer.
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2)
e)
The reasonable inquiry may include one or more of the following steps,
which may be conducted by State Board of Education personnel, or an
outside entity, at the State Superintendent of Education's discretion. The
State Superintendent shall notify the authorizer in advance of commencing
the reasonable inquiry of the identity of any outside entity to be used to
conduct the inquiry.
A)
Review of all or selected portions of the authorizer's policies,
practices, education records or curriculum;
B)
Contact with individuals from the authorizer or any charter school
under the authorizer's jurisdiction who might reasonably be
expected to have information relevant to identified deficiencies or
the allegations of the complaint;
C)
Desk audit, whereby the State Superintendent of Education would
require submission or complete access to materials or data from the
authorizer or any charter school under the authorizer's jurisdiction
that the State Superintendent of Education determines will assist
him or her in responding to the identified deficiencies or the
allegations in the complaint; and/or
D)
Technical assistance as needed to attempt to bring the authorizer
into compliance.
If the reasonable inquiry results in a determination of noncompliance, the State
Superintendent shall provide a written notification of noncompliance to the
authorizer by certified mail, return receipt requested. The notification of
noncompliance shall specify the following:
1)
All formal findings of noncompliance specific to the statutory or
regulatory violations that led to the finding of noncompliance, to include
any new allegations raised during the reasonable inquiry conducted
pursuant to subsection (d);
2)
The timeframe within which the areas of noncompliance must be cured;
3)
The technical assistance available to the authorizer, if applicable;
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f)
g)
4)
The consequences that may be imposed by the State Board of Education
should the authorizer fail to address the areas of noncompliance (see
subsection (i)); and
5)
A statement informing the authorizer that it may seek a conference with
representatives of the State Board of Education to dispute the findings of
noncompliance, including those resulting from any new allegations raised
during the reasonable inquiry conducted pursuant to subsection (d), by
submitting a written request to the address specified in subsection (c)(2)
within 15 days after receiving the notification of noncompliance.
Within 60 days after the date of receipt of notification of noncompliance issued
under subsection (e), or within 60 days after the date of any conference scheduled
pursuant to subsection (e)(5), whichever is later, the authorizer shall submit to the
State Superintendent a corrective action plan that conforms to the requirements of
subsection (g). The authorizer and State Superintendent of Education may
mutually agree to a longer time for response, but in no case shall the response
time exceed 90 days.
1)
If the authorizer is a local school board, the plan shall be signed by the
president and secretary of the local board of education pursuant to Section
10-7 of the School Code, as evidence that the board adopted a resolution
authorizing its submission.
2)
If the authorizer is the Commission, the plan shall be signed by the
chairman of the Commission as evidence that the Commission adopted a
resolution authorizing its submission.
The State Superintendent of Education shall approve or disapprove a corrective
action plan no later than 30 days after its receipt from the authorizer and shall
notify the authorizer in writing of that decision.
1)
The State Superintendent shall approve a plan if it:
A)
Specifies the steps to be taken by the authorizer that are directly
related to the area or areas of noncompliance cited;
B)
Provides evidence that the authorizer has the resources and ability
to take the steps described without giving rise to other issues of
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compliance that would subject the authorizer to corrective action;
and
C)
2)
Specifies a timeline for correction of the cited deficiencies that is
demonstrably linked to the factors leading to noncompliance and is
no longer than needed to correct the identified problems.
If no plan is submitted, or if no approvable plan is received within the
timeframe required under subsection (f), the State Board of Education may
impose sanctions against the authorizer in accordance with subsection (i).
h)
If, at any time while a plan for corrective action is in effect, the State Board of
Education determines that the agreed-upon actions are not being implemented in
accordance with the plan or the underlying areas of noncompliance are not being
remedied, the State Board of Education may impose sanctions in accordance with
subsection (i).
i)
Sanctions Against an Authorizer
In accordance with Section 27A-12 of the School Code, the State Board of
Education may remove an authorizer's power to authorize charter schools. For the
purposes of this Section, "removal of the power to authorize" shall mean removal
of an authorizer's power to approve and oversee any new charter schools, and/or
removal of an authorizer's power to oversee charter schools already operating that
are under the jurisdiction of the authorizer.
1)
An authorizer that is subject to sanctions pursuant to this Section may
make an oral presentation to the State Board. A request to make an oral
presentation must be submitted in writing and postmarked no later than 30
days from the date of receipt of notice that sanctions may be imposed, and
must identify the specific agency findings with which the authorizer
disagrees. The State Board shall consider oral presentations and written
documents presented by staff and interested parties prior to rendering a
final decision.
2)
In the event that chartering authorization is removed, the State Board of
Education shall determine the status of each charter school within the
authorizer's portfolio. With respect to each charter school, the State Board
may:
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j)
A)
Allow the charter school to continue operating under the
jurisdiction of the authorizer;
B)
Terminate the existing charter agreement between the authorizer
and the governing board of the charter school and transfer the
charter school to another authorizer in accordance with subsection
(j); or
C)
Terminate the existing charter agreement between the authorizer
and the governing board of the charter school and close the charter
school in accordance with subsection (k).
Transfer of Charter Schools
1)
Based upon a recommendation of the State Superintendent of Education,
the State Board of Education may order a change in authorizer for charter
schools under the jurisdiction of an authorizer that has had its power to
authorize charter schools removed under this Section. Unless compelling
reasons justify a different recommendation:
A)
The State Superintendent shall recommend a transfer to the
Commission in the case of sanctions against a local school board
authorizer; or
B)
The State Superintendent shall recommend a transfer to the school
board for the district or districts of student residency in the case of
sanctions against the Commission.
2)
The State Superintendent of Education shall provide written notification of
the transfer recommendation by certified mail, return receipt requested, to
the governing bodies of any charter school subject to transfer and the
entity recommended to become the authorizer.
3)
The governing bodies of any charter school that is subject to the transfer
recommendation and the entity recommended to become the authorizer
shall follow the same process and be subject to the same timelines for
review as set forth in Section 27A-8 of the School Code to determine
whether to enter into a contractual agreement for authorization. Until the
process is complete, the charter school shall remain open under its current
authorizer.
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k)
A)
If the charter school does not consent to the transfer, the State
Board of Education shall order the charter school to close. Prior to
this direction, the State Board of Education shall permit members
of the governing board of the charter school subject to closure to
present written and oral comments to the State Board of Education.
Any closure of a charter school pursuant to this subsection
(j)(3)(A) shall follow the procedures set forth in Section 650.70
(Procedures for Closing a Charter School).
B)
If the entity recommended to become the authorizer does not
consent to the transfer, the State Board of Education shall direct
the State Superintendent of Education to either recommend an
alternative authorizer to which the charter school will be
transferred in accordance with the requirements of this Section or
to close the charter school by following the procedures set forth in
Section 650.70.
4)
Except in the case of an emergency that places the health, safety or
education of the charter school's students at risk, the transfer of the charter
school to its new authorizer shall occur at the end of the school year.
5)
The term of the contract with a new authorizer after a transfer of
authorizers may be for a period not to exceed five years following the
effective date of the certification of the new charter school in accordance
with Article 27A of the School Code and this Part.
Closure of Charter Schools
1)
The State Board of Education may order any charter school under the
jurisdiction of the authorizer that has had its power to authorize charter
schools removed under this Section to close if the State Board of
Education clearly demonstrates that the charter school did any of the
following or otherwise failed to comply with the requirements of Article
27A of the School Code:
A)
Exhibited low student performance, as defined in subsection
(a)(4)(A), and/or failed to meet performance targets and standards
established by the charter school's authorizer in a charter school
performance plan within the timelines specified in the plan;
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l)
B)
Mismanaged its finances or failed to meet generally accepted
standards of fiscal management;
C)
Violated any provision of law from which the charter school was
not exempted pursuant to Section 27A-5 of the School Code;
and/or
D)
Committed a material violation of any of the conditions, standards
or procedures set forth in the charter.
2)
Prior to the State Board of Education's ordering any charter school to close
under this subsection (k), the State Superintendent of Education shall
provide written notification by certified mail, return receipt requested, to
the governing board of the charter school subject to closure. The notice
shall summarize the reasons for the closure recommendation and provide,
as applicable, the formal opinion pertaining to the recommendation.
3)
The governing board of the charter school subject to closure shall have
seven days from the date of receipt of the State Superintendent's notice to
request the opportunity to present written and oral comments to the State
Board of Education about the closure recommendation.
4)
Any closure of a charter school pursuant to this subsection (k) shall follow
the procedures set forth in Section 650.70.
An authorizer that has had its power to authorize charter schools removed
pursuant to this Section may petition the State Board of Education for a return of
authorizing powers. The State Board of Education shall reinstate the power to
authorize to an authorizer if the authorizer clearly demonstrates that:
1)
Any noncompliance matters that resulted in the sanctions have been
resolved;
2)
The authorizer has developed systems and processes to ensure that the
noncompliance issues that resulted in the sanctions will not recur; and
3)
The authorizer has participated in a State- or national-level training
program designed to develop the capacity and effectiveness of charter
school authorizers, including but not limited to any training programs
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offered by the Commission, provided that the Commission is not the
sanctioned authorizer submitting the petition for reinstatement.
(Source: Added at 38 Ill. Reg. 21916, effective November 3, 2014)
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Section 650.APPENDIX A Principles and Standards for Authorizing Charter Schools
The following principles and standards for charter school authorizers align to Article 27A of the
School Code and are based on the "Principles and Standards of Quality Charter School
Authorizing" (2012), published by the National Association of Charter School Authorizers
(NACSA), 105 West Adams Street, Suite 3500, Chicago IL 60603-6253 and posted at
http://www.qualitycharters.org/publications-resources/principles-standards.html. No later
amendments to or editions of these standards are incorporated. A small number of standards are
identified as "advanced" (recommended); all others are considered "essential" (required).
PRINCIPLES
A high-quality authorizer engages in responsible oversight of charter schools by ensuring that
schools have both the autonomy to which they are entitled and the public accountability for
which they are responsible. The following three principles lie at the heart of the authorizing
endeavor, and authorizers should be guided by and fulfill these principles in all aspects of their
work.
Principle 1:
Maintain High Standards
Sets high standards for approving charter applicants.
Maintains high standards for the schools it oversees.
Effectively cultivates high-quality charter schools that meet identified educational needs.
Oversees charter schools that meet over time the performance standards and targets on a
range of measures and metrics set forth in the charter contracts.
Principle 2:
Uphold School Autonomy
Honors and preserves core autonomies crucial to school success, including:
Governing board independent from the authorizer;
Personnel;
School vision and culture;
Instructional programming, design and use of time; and
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Budgeting.
Minimizes administrative and compliance burdens on schools.
Focuses on holding schools accountable for outcomes rather than processes, while at all
times strictly enforcing all applicable statutory and regulatory requirements for charter
schools.
Principle 3:
Protect Student and Public Interests
Makes the well-being and interests of students the fundamental value informing all the
authorizer's actions and decisions.
Holds schools accountable for fulfilling fundamental public education obligations to all
students, which includes providing:
Nonselective, nondiscriminatory access to all eligible students;
Fair treatment in admissions and disciplinary actions for all students; and
Appropriate services for all students, including those with disabilities and who are
English learners, in accordance with applicable laws.
Holds schools accountable for fulfilling fundamental obligations to the public, which
includes providing:
Sound governance, management and stewardship of public funds;
Public information and operational transparency in accordance with applicable
State and federal laws; and
Compliance with all applicable laws and regulations.
Ensures in its own work:
Ethical conduct;
Focus on the mission of chartering high-quality schools;
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Clarity, consistency and public transparency in authorizing policies, practices and
decisions;
Effective and efficient public stewardship; and
Compliance with all applicable laws and regulations.
STANDARDS
Standard 1:
Agency Commitment and Capacity
A high-quality authorizer engages in chartering as a means to foster excellent schools that meet
identified needs; clearly prioritizes a commitment to excellence in education and in authorizing
practices; and creates organizational structures and commits human and financial resources
necessary to conduct its authorizing duties effectively and efficiently.
1.1
Standards for Planning and Commitment to Excellence
Supports and advances the purposes of Article 27A of the School Code.
Ensures that the authorizer's governing board, leadership and staff understand and
are committed to the principles articulated in this Appendix A.
Defines external relationships and lines of authority to protect the authorizing
functions from conflicts of interest and political influence.
Implements policies, processes and practices that streamline and organize its work
toward State goals, and executes its duties efficiently while minimizing
administrative burdens on schools.
Evaluates its work regularly against national standards for high-quality
authorizing and recognized effective practices and develops and implements
timely plans for improvement if these standards and practices are not achieved.
States a clear mission for high-quality authorizing (advanced).
Articulates and implements an intentional strategic vision and plan for chartering,
including clear priorities, goals and timeframes for achievement (advanced).
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Evaluates its work regularly against its chartering mission and strategic plan
goals, and implements plans for improvement when the mission and strategic plan
goals are not achieved (advanced).
Conforms to reporting requirements about its progress and performance in
meeting its strategic plan goals, as required by Section 27A-12 of the School
Code and Section 650.55 of this Part.
1.2
Standards for Human Resources
Enlists expertise and competent leadership for all areas essential to charter school
oversight, including, but not limited to, educational leadership; curriculum,
instruction and assessment; special education; English learners and other diverse
learning needs; performance management and accountability; law; finance;
facilities; and nonprofit governance and management through the use of staff,
contractual relationships, and/or intra- or inter-agency collaborations.
Employs competent personnel at a staffing level that is appropriate and sufficient,
commensurate with the size of the charter school portfolio, to carry out all
authorizing responsibilities in accordance with the principles and standards set
forth in this Appendix A.
Provides for regular professional development for the authorizer's leadership and
staff to achieve and maintain high standards of professional authorizing practice
and to enable continual improvement.
1.3
Standards for Financial Resources
Determines the financial needs of the authorizing office and devotes sufficient
financial resources to fulfill its authorizing responsibilities in accordance with the
principles and standards set forth in this Appendix A and commensurate with the
scale of the charter school portfolio.
Tracks operating costs and expenses associated with the performance of the
powers and duties enumerated in Section 27A-7.10(a) of the School Code and any
additional duties set forth in the terms of each charter contract.
When making decisions pertaining to approving or renewing a charter school,
considers whether the terms of the charter, as proposed, are economically sound
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for both the charter school and the school district. (See Section 27A-7(a) of the
School Code.)
Provides funding to all charter schools in compliance with the requirements of
Article 27A of the School Code and submits to the State Board of Education
information about the budget and financial schedule as may be required.
Structures funding in such a way as to avoid conflicts of interest, inducements,
incentives or disincentives that might compromise its judgment in charter
approval and accountability decision-making.
Deploys funds effectively and efficiently and maintains the public's interests
when doing so.
Standard 2:
Application Process and Decision-Making
A high-quality authorizer implements a comprehensive application process that includes clear
application questions and guidance; follows fair, transparent procedures and rigorous criteria;
and grants charters only to applicants who demonstrate a strong capacity to establish and operate
a high-quality charter school.
2.1
Standards for Proposal Information, Questions and Guidance
Maintains a charter application information packet or, if actively soliciting
proposals, issues a request for proposals (RFP) that:
States any chartering priorities the authorizer may have established;
Articulates comprehensive application questions to elicit the information needed
for a rigorous evaluation of the applicant's plans and capacities; and
Provides clear guidance and requirements for the content and format of the
application and the evaluation criteria that will be used when considering the
application.
Welcomes proposals from first-time charter applicants, as well as existing school
operators or replicators, and appropriately distinguishes between the two types of
developers in proposal requirements and evaluation criteria.
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To the extent it is determined to be economically sound for the district and the
charter school, encourages expansion and replication of charter schools that
demonstrate success and capacity for growth.
Is open to considering diverse educational philosophies and approaches, and
expresses a commitment to serve students with diverse needs.
To the extent it is determined to be economically sound for the district and the
charter school, broadly invites and solicits charter applications, while publicizing
the authorizer's strategic vision and chartering priorities without restricting or
refusing to review applications that propose to fulfill other goals (advanced).
2.2
Standards for Fair, Transparent, Quality-Focused Procedures
Implements a charter application process that is open, well-publicized and
transparent, and is organized around timelines that are clear, realistic and
compliant with the timelines for review of charter proposals set forth in Section
27A-8 of the School Code.
Allows sufficient time in the application process so that each stage of the
application review and school pre-opening processes are carried out with integrity
and attention to high quality.
Explains how each stage of the application process is conducted and evaluated.
Informs applicants of their rights and responsibilities and promptly notifies
applicants in writing of approval or denial, while explaining the factors that
determined the decision.
In compliance with Sections 27A-8(f) and 27A-9(e) of the School Code and
Section 650.30 of this Part (Submission to the State Board of Education), submits
all required documentation pertaining to charter school approvals to the State
Board of Education, and all required documentation pertaining to denials,
revocations or non-renewals to the State Board of Education and the Commission.
2.3
Standards for Rigorous Approval Criteria
Requires all applicants to submit a charter school proposal that is complete and
fully addresses all required elements under Section 27A-7(a) of the School Code,
including, but not limited to, a clear and compelling mission; a high-quality
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educational program; a solid business plan; a transportation plan to meet the needs
of low-income and at-risk students; effective governance and management
structures and systems; founding team members who demonstrate diverse and
necessary capabilities; and clear evidence of the applicant's capacity to execute its
plan successfully.
Establishes distinct requirements and criteria for applicants that are existing
school operators and those that are replicators.
Establishes distinct requirements and criteria for applicants proposing to contract
with education service or management providers.
To the extent that these schools are permitted under Article 27A of the School
Code, establishes distinct requirements for applicants proposing to operate
schools devoted exclusively to students from low-performing or overcrowded
schools.
To the extent that these schools are permitted under Article 27A of the School
Code, establishes distinct requirements for applicants proposing to operate
schools devoted exclusively to re-enrolled high school dropouts and/or students
16 or 15 years old who are at risk of dropping out.
To the extent that these schools are permitted under Article 27A of the School
Code, establishes distinct requirements and criteria for applicants proposing to
operate virtual or online charter schools.
2.4
Standards for Rigorous Decision-Making
Grants charters only to applicants that have demonstrated competence and
capacity to succeed in all aspects of the school, consistent with the stated approval
criteria.
Rigorously evaluates each application through the use of knowledgeable and
competent evaluators who employ some combination of a thorough review of the
written proposal, a substantive in-person interview with the applicant group, the
public meeting required under Section 27A-8(c) of the School Code for gathering
more information to assist in determining whether to grant or deny the charter
school proposal, and other due diligence to examine the applicant's experience
and capacity.
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Engages, for both written application reviews and any applicant interviews, highly
competent teams of internal and external evaluators with relevant educational,
organizational (governance and management), financial and legal expertise, as
well as thorough understanding of the provisions of Article 27A of the School
Code and the essential principles of charter school autonomy and accountability.
Provides orientation or training to application evaluators (including interviewers)
to ensure the use of consistent evaluation standards and practices, observance of
essential protocols and fair treatment of applicants.
Ensures that the application review process and decision-making are free of
conflicts of interest, and requires full disclosure of any potential or perceived
conflicts of interest between reviewers or decision-makers and applicants.
Standard 3:
Performance Contracting
A high-quality authorizer executes contracts with charter schools that articulate the rights and
responsibilities of each party regarding school autonomy, funding, administration and oversight,
outcomes, measures for evaluating success or failure, performance consequences and other
material terms. The contract is an essential document, separate from the charter application, that
establishes the legally binding agreement and terms under which the school will operate and be
held accountable.
3.1
Standards for Contract Term, Negotiation and Execution
Executes a contract with a legally incorporated governing board of a nonprofit
corporation or other discrete, legal, nonprofit entity authorized under the laws of
the State of Illinois that is completely independent of the authorizer.
Executes all charter agreements within 120 days after the charter's approval and at
least 30 days before the start of school, whichever date comes first.
Ensures that all charter school agreements have been certified by the State Board
of Education in accordance with Section 650.40 prior to the date on which the
charter school opens or begins its renewal term.
Defines material terms of the contract.
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Ensures mutual understanding and acceptance of the contract by the school's
governing board prior to authorization or charter granting by the authorizing
board.
Allows, and requires contract amendments for, occasional material changes to the
school's plan, but does not require amending the contract for non-material
modifications.
3.2
Standards for Rights and Responsibilities
Executes charter school contracts that clearly:
State the rights and responsibilities of the school and the authorizer;
State and respect the autonomies to which charter schools are entitled, based on
statute, waiver or authorizer policy, including those relating to the school's
authority over educational programming, staffing, budgeting and scheduling;
Define performance standards, criteria and conditions for renewal, intervention,
revocation and non-renewal, while establishing the consequences for meeting or
not meeting standards or conditions;
State the statutory, regulatory and procedural terms and conditions for the school's
operation, including a clearly defined list of all health and safety requirements
applicable to all public schools under the laws of the State of Illinois;
State reasonable pre-opening requirements or conditions for new schools to
ensure that they meet all health, safety and other legal requirements prior to
opening and are prepared to open smoothly;
State the responsibility and commitment of the school to adhere to essential public
education obligations, including admitting and serving all eligible students so
long as space is available, and not expelling or counseling out students except
pursuant to a discipline policy approved by the authorizer; and
State the responsibilities of the school and the authorizer in the event of school
closures.
Ensures that any fee-based services that the authorizer provides are set forth in a
services agreement that respects charter school autonomy and treats the charter
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school equitably compared to district schools, if applicable; and ensures that
purchasing these services is explicitly not a condition of charter approval,
continuation or renewal.
3.3
Standards for Charter Performance Standards
Executes charter contracts that plainly:
Establish the performance standards under which schools will be evaluated, using
objective and verifiable measures of student achievement as the primary measure
of school quality;
Include expectations for appropriate access, education, support services and
outcomes for students with disabilities;
Define clear, measurable and attainable academic, financial and organizational
performance standards and targets that the school must meet as a condition of
renewal, including but not limited to required State and federal measures;
Make increases in student academic achievement for all groups of students
described in section 6311(b)(2)(C)(v) of the Elementary and Secondary Education
Act (20 USC 6301 et seq.) the most important factor to be considered for charter
renewal or revocation decision-making;
Define the sources of academic data that will form the evidence base for ongoing
and renewal evaluation, including State-mandated and other standardized
assessments, student academic growth measures, internal assessments, qualitative
reviews and performance comparisons with other comparable public schools in
the district and State;
Define the sources of financial data that will form the evidence base for ongoing
and renewal evaluation, grounded in professional standards for sound financial
operations and sustainability;
Define the sources of organizational data that will form the evidence base for
ongoing and renewal evaluation, focusing on fulfillment of legal obligations,
fiduciary duties and sound public stewardship; and
Include clear, measurable performance standards to judge the effectiveness of
alternative schools, if applicable, requiring and appropriately weighting rigorous
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mission-specific performance measures and metrics that credibly demonstrate
each school's success in fulfilling its mission and serving its special population.
3.4
Standards for Education Service or Management Contracts (if applicable)
For any school that contracts with an external (third-party) provider for education
design and operation or management, includes additional contractual provisions
that ensure rigorous, independent contract oversight by the charter school
governing board and the school's financial independence from the external
provider. In determining whether a charter school is independent of the external
provider, the authorizer shall consider the criteria listed in Q & A (B-13) of the
U.S. Department of Education, Charter Schools Program, Title V, Part B of the
ESEA, Nonregulatory Guidance (Published April 2011) and posted at
http://www2.ed.gov/programs/charter/nonregulatory-guidance.doc.
Reviews the proposed third-party contract as a condition of charter approval to
ensure that it is consistent with applicable laws, authorizer policy and the public
interest.
Standard 4:
Ongoing Oversight and Evaluation
A high-quality authorizer conducts contract oversight that competently evaluates performance
and monitors compliance; ensures schools' legally entitled autonomy; protects student rights;
informs intervention, revocation and renewal decisions; and provides regular public reports on
school performance.
4.1
Standards for Performance Evaluation and Compliance Monitoring
Implements a comprehensive performance accountability and compliance
monitoring system that is defined by the charter contract and provides the
information necessary to make rigorous and standards-based renewal, revocation
and intervention decisions.
Defines and communicates to schools the process, methods and timing of
gathering and reporting school performance and compliance data.
Implements an accountability system that effectively streamlines local, State and
federal performance expectations and compliance requirements, while protecting
schools' legally entitled autonomy and minimizing schools' administrative and
reporting burdens.
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Provides clear technical guidance to schools, as needed, to ensure timely
compliance with applicable regulations.
Visits each school as appropriate and necessary for collecting data that cannot be
obtained otherwise and in accordance with the contract, while ensuring that the
frequency, purposes and methods of these visits respect school autonomy and
avoid operational interference.
Evaluates each school annually on its performance and progress toward meeting
the standards and targets stated in the charter contract, including essential
compliance requirements, and clearly communicates evaluation results to the
school's governing body and leadership.
In accordance with Section 27A-5(f) of the School Code, requires and reviews
annual financial audits of schools conducted by a qualified independent auditor.
Communicates regularly with schools as needed, including both the school
leaders and governing boards, and provides timely notice of contract violations or
performance deficiencies.
Provides an annual written report to each school, summarizing its performance
and compliance to date and identifying areas of strength and areas needing
improvement.
Articulates and enforces stated consequences for failing to meet performance
expectations or compliance requirements.
4.2
Standards for Respecting School Autonomy
Respects the school's authority over its day-to-day operations.
Collects information from the school in a manner that minimizes administrative
burdens on the school, while ensuring that performance and compliance
information is sufficiently detailed and timely to protect student and public
interests.
Periodically reviews compliance requirements and evaluates the potential to
increase school autonomy based on flexibility in the law, streamlining
requirements, demonstrated school performance or other considerations.
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Refrains from directing or participating in the educational decisions or choices
that are appropriately within a school's purview under Article 27A of the School
Code or the contract.
4.3
Standards for Protecting Student Rights
In accordance with Section 27A-4(d) and (h) of the School Code, ensures that
schools admit students through a random selection that is open to all students who
reside within the geographic boundaries of the areas served by the local school
board, is publicly verifiable, and does not establish undue barriers to application
(such as mandatory information meetings, mandated volunteer service or parent
contracts) that exclude students based on socioeconomic, family or language
background; prior academic performance; special education status; or parental
involvement.
Ensures that schools provide access and services to students with disabilities, as
required by applicable State and federal laws, including compliance with
individualized education programs and section 504 plans, access to facilities and
educational opportunities.
Ensures clarity in the roles and responsibilities of all parties involved in serving
students with disabilities.
Ensures that schools provide access to and appropriately serve other special
populations of students, including English learners, homeless students and gifted
students, as required by State and federal law.
Ensures that schools' student discipline policies and actions comply with
applicable State and federal laws regarding discipline, are fair and ensure that no
student is expelled or counseled out of a school outside of the process set forth in
those policies.
4.4
Standards for Intervention
Establishes, and makes available to schools as they are chartered, an intervention
policy that states the general conditions that may trigger intervention and the
types of actions and consequences that may ensue.
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Gives schools clear, adequate, evidence-based and timely notice of contract
violations or performance deficiencies.
Allows schools reasonable time and opportunity for remediation in nonemergency situations.
When intervention is needed, engages in intervention strategies that clearly
preserve school autonomy and responsibility (identifying what the school must
remedy without prescribing solutions).
4.5
Standards for Public Reporting
Produces regular public reports that provide clear, accurate performance data for
the charter schools overseen by the authorizer, reporting on individual school and
overall portfolio performance according to the framework set forth in the charter
contract. (Also see Section 650.55.)
Standard 5:
Revocation and Renewal Decision-Making
A high-quality authorizer designs and implements a transparent and rigorous process that uses
comprehensive academic, financial and operational performance data to make merit-based
renewal decisions and revokes charters when necessary to protect student and public interests.
5.1
Standards for Revocation
Adheres to all notice and corrective action requirements for revocation of a
charter school, as set forth in Section 27A-9 of the School Code.
5.2
Standards for Renewal Decisions Based on Merit and Inclusive Evidence
Bases the renewal process and renewal decisions on thorough analyses of a
comprehensive body of objective evidence defined by the performance
framework in the charter contract.
Grants renewal only to schools that have achieved the standards and targets stated
in the charter contract, are organizationally and fiscally viable, and have been
faithful to the terms of the contract and applicable law.
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Does not make renewal decisions, including granting probationary or short-term
renewals, on the basis of political or community pressure or solely on promises of
future improvement.
5.3
Standards for Cumulative Report and Renewal Application
Provides to each school, in advance of the renewal decision, a cumulative
performance report that:
Summarizes the school's performance record over the charter term; and
States the authorizer's summative findings concerning the school's performance
and its prospects for renewal.
Requires any school seeking renewal to apply through the use of a renewal
application, which should provide the school with a meaningful opportunity and
reasonable time to respond to the cumulative performance report, to correct the
record, if needed, and to present additional evidence regarding its performance.
5.4
Standards for Fair, Transparent Process
Clearly communicates to schools the criteria for charter revocation, renewal and
non-renewal decisions that are consistent with the charter contract and Article
27A of the School Code.
Promptly notifies each school of its renewal (or, if applicable, revocation)
decision, including a written explanation of the reasons for the decision.
Promptly communicates renewal or revocation decisions to the school community
and public within a timeframe that allows parents and students to exercise choices
for the coming school year.
Explains in writing any available rights of legal or administrative appeal through
which a school may challenge the authorizer's decision.
In compliance with Sections 27A-8(f) and 27A-9(e) of the School Code and
Section 650.30 of this Part, submits all required documentation pertaining to
charter school renewals to the State Board of Education, and all required
documentation pertaining to revocations or non-renewals to the State Board of
Education and the Commission.
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Regularly updates and publishes the process for renewal decision-making,
including guidance regarding required content and format for renewal
applications.
5.5
Standards for Closure
In the event of a school closure, oversees and works with the school's governing
board and leadership in carrying out a detailed closure protocol that complies with
Section 650.70 and all applicable State laws.
(Source: Added at 38 Ill. Reg. 21916, effective November 3, 2014)
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1)
Heading of the Part: Control of Communicable Diseases Code
2)
Code Citation: 77 Ill. Adm. Code 690
3)
Section Number:
690.10
4)
Statutory Authority: Implementing the Communicable Disease Report Act [745 ILCS
45] and implementing and authorized by the Department of Public Health Act [20 ILCS
2305]
5)
Effective Date of Rule: November 5, 2014
6)
If this emergency rulemaking is to expire before the end of the 150-day period, please
specify the date on which it is to expire: This rulemaking will not expire before the end
of the 150-day period.
7)
Date Filed with the Index Department: November 5, 2014
8)
A copy of the adopted rule, including any material incorporated by reference, is on file in
the Agency's principal office and is available for public inspection.
9)
Reason for Emergency: The Department is adopting these emergency amendments to
expand and clarify actions that the Department may take in regard to persons who are
infected with or potentially exposed to infectious or communicable diseases. The
amendments are necessary to aid the Department in the restriction of travel in an effort to
stop the spread of disease.
Emergency Action:
Amendment
In accordance with Section 2 of the Department of Public Health Act (Act) [20 ILCS
2305/2], the Department "has supreme authority in matters of quarantine and isolation,
and may declare and enforce quarantine and isolation when none exists, and may modify
or relax quarantine and isolation when it has been established."
Section 5-45 of the Illinois Administrative Procedure Act (IAPA) defines "emergency" as
"the existence of any situation that any agency finds reasonably constitutes a threat to the
public interest, safety, or welfare." This rulemaking constitutes an "emergency" because
of the threat to the public health posed by unrestricted travel and other activities by
persons infected with or potentially exposed to infectious or communicable diseases,
including Ebola. The IAPA also states that the emergency situation must require
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adoption of a rule upon fewer days than is required by the regular rulemaking process.
Immediate adoption of these rules is necessary because currently, the Ebola virus is
affecting several countries in western Africa and has now appeared in isolated cases
within the United States. Infectious and contagious diseases like Ebola can be
challenging to contain. Social distancing measures, including the restriction of travel,
have proven to be effective in containing the disease. The Department and certified local
health departments need to have the clear authority to monitor and restrict the movements
of all persons who are potentially at high risk of developing Ebola or any other infectious
or contagious disease. These rules will ensure that the Department and certified local
health departments can limit the movement of persons potentially exposed to Ebola or
any other infectious or contagious disease during the incubation period of the disease.
The amendments to the rules will remove unrestricted travel from the definition of
"observation" and will aid the Department's efforts to stop the spread of disease. The
additional definitions of "monitoring" and "quarantine, modified" will add specific
actions that the Department is authorized to take in particular situations such as excluding
children from school, the prohibiting or restricting individuals from engaging in a
particular occupation or using public or mass transportation, or requirements for using
devices or procedures intended to limit disease transmission.
10)
A Complete Description of the Subjects and Issues Involved: The amendments will
update and add to the definitions in Section 690.10 of the rules. The definition of
"observation" will be amended to remove language related to travel. Definitions for
"monitoring", "quarantine, modified" and "public transportation" will also be added. The
definition of "quarantine" will be amended to include "quarantine, modified." The terms
"quarantine", "observation", and "monitoring" are used in the body of the rules and in
Section 2 of the Act; however, "monitoring" is not currently defined in the rules.
11)
Are there any proposed rulemakings to this Part pending? Yes, identical to this
emergency.
12)
Statement of Statewide Policy Objectives: This rulemaking will not create or expand a
State mandate.
13)
Information and questions regarding this rulemaking shall be directed to:
Susan Meister
Administrative Rules Coordinator
Division of Legal Services
ILLINOIS REGISTER
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENT
Department of Public Health
535 W. Jefferson St., 5th Floor
217/782-2043
[email protected]
The full text of the Emergency Amendment begins on the next page:
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TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 690
CONTROL OF COMMUNICABLE DISEASES CODE
SUBPART A: GENERAL PROVISIONS
Section
690.10
Definitions
EMERGENCY
690.20
Incorporated and Referenced Materials
690.30
General Procedures for the Control of Communicable Diseases
SUBPART B: REPORTABLE DISEASES AND CONDITIONS
690.100
690.110
Diseases and Conditions
Diseases Repealed from This Part
SUBPART C: REPORTING
Section
690.200
Reporting
SUBPART D: DETAILED PROCEDURES FOR THE CONTROL OF
COMMUNICABLE DISEASES
Section
690.290
690.295
690.300
690.310
690.320
690.322
Acquired Immunodeficiency Syndrome (AIDS) (Repealed)
Any Unusual Caseof a Disease or Condition Caused by an Infectious Agent Not
Listed in this Part that is of Urgent Public Health Significance (Reportable by
telephone immediately (within three hours))
Amebiasis (Reportable by mail, telephone, facsimile or electronically as soon as
possible, within 7 days) (Repealed)
Animal Bites (Reportable by mail or telephone as soon as possible, within 7 days)
(Repealed)
Anthrax (Reportable by telephone immediately, within three hours, upon initial
clinical suspicion of the disease)
Arboviral Infections (Including, but Not Limited to, Chikungunya Fever,
California Encephalitis, St. Louis Encephalitis, Dengue Fever and West Nile
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690.325
690.327
690.330
690.335
690.340
690.350
690.360
690.362
690.365
690.368
690.370
690.380
690.385
690.386
690.390
690.400
690.410
Virus) (Reportable by mail, telephone, facsimile or electronically as soon as
possible, within seven days)
Blastomycosis (Reportable by telephone as soon as possible, within 7 days)
(Repealed)
Botulism, Foodborne, Intestinal Botulism (Formerly Infant), Wound, or Other
(Reportable by telephone immediately, within three hours upon initial clinical
suspicion of the disease for foodborne botulism or within 24 hours by telephone
or facsimile for other types)
Brucellosis (Reportable by telephone as soon as possible (within 24 hours), unless
suspect bioterrorist event or part of an outbreak, then reportable immediately
(within three hours) by telephone)
Campylobacteriosis (Reportable by mail, telephone, facsimile or electronically,
within 7 days) (Repealed)
Chancroid (Repealed)
Chickenpox (Varicella) (Reportable by telephone, facsimile or electronically ,
within 24 hours)
Cholera (Toxigenic Vibrio cholerae O1 or O139) (Reportable by telephone or
facsimile as soon as possible, within 24 hours)
Creutzfeldt-Jakob Disease (CJD) (All Laboratory Confirmed Cases) (Reportable
by mail, telephone, facsimile or electronically within Seven days after
confirmation of the disease)
Cryptosporidiosis (Reportable by mail, telephone, facsimile or electronically as
soon as possible, within seven days)
Cyclosporiasis (Reportable by mail, telephone, facsimile or electronically, within
seven days)
Diarrhea of the Newborn (Reportable by telephone as soon as possible, within 24
hours) (Repealed)
Diphtheria (Reportable by telephone immediately, within three hours, upon initial
clinical suspicion or laboratory test order)
Ehrlichiosis, Human Granulocytotropic anaplasmosis (HGA) (See Tickborne
Disease)
Ehrlichiosis, Human Monocytotropic (HME) (See Tickborne Disease)
Encephalitis (Reportable by mail, telephone, facsimile or electronically as soon as
possible, within 7 days) (Repealed)
Escherichia coli Infections (E. coli O157:H7 and Other Shiga Toxin Producing E.
coli, Enterotoxigenic E. coli, Enteropathogenic E. coli and Enteroinvasive E. coli)
(Reportable by telephone or facsimile as soon as possible, within 24 hours)
Foodborne or Waterborne Illness (Reportable by telephone or facsimile as soon as
possible, within 24 hours) (Repealed)
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690.420
690.430
690.440
690.441
690.442
690.444
690.450
690.451
690.452
690.453
690.460
690.465
690.468
690.469
690.470
690.475
690.480
690.490
690.495
Giardiasis (Reportable by mail, telephone, facsimile or electronically as soon as
possible, within 7 days) (Repealed)
Gonorrhea (Repealed)
Granuloma Inguinale (Repealed)
Haemophilus Influenzae, Meningitis and Other Invasive Disease (Reportable by
telephone or facsimile, within 24 hours)
Hantavirus Pulmonary Syndrome (Reportable by telephone as soon as possible,
within 24 hours)
Hemolytic Uremic Syndrome, Post-diarrheal (Reportable by telephone or
facsimile, within 24 hours)
Hepatitis A (Reportable by telephone or facsimile as soon as possible, within 24
hours)
Hepatitis B and Hepatitis D (Reportable by mail, telephone, facsimile or
electronically, within seven days)
Hepatitis C, Acute Infection and Non-acute Confirmed Infection (Reportable by
mail, telephone, facsimile or electronically, within seven days)
Hepatitis, Viral, Other (Reportable by mail, telephone, facsimile or electronically,
within 7 days) (Repealed)
Histoplasmosis (Reportable by mail, telephone, facsimile or electronically as soon
as possible, within seven days)
Influenza, Death (in persons less than 18 years of age) (Reportable by mail,
telephone, facsimile or electronically as soon as possible, within 7 days)
Influenza (Laboratory Confirmed (Including Rapid Diagnostic Testing)) Intensive
Care Unit Admissions (Reportable by telephone or facsimile or electronically as
soon as possible, within 24 hours)
Influenza A, Variant Virus (Reportable by telephone immediately, within three
hours upon initial clinical suspicion or laboratory test order)
Intestinal Worms (Reportable by mail or telephone as soon as possible, within 7
days) (Repealed)
Legionellosis (Reportable by mail, telephone, facsimile or electronically as soon
as possible, within seven days)
Leprosy (Hansen's Disease) (Infectious and Non-infectious Cases are Reportable)
(Reportable by mail, telephone, facsimile or electronically as soon as possible,
within seven days)
Leptospirosis (Reportable by mail, telephone, facsimile or electronically as soon
as possible, within seven days)
Listeriosis (When Both Mother and Newborn are Positive, Report Mother Only)
(Reportable by mail, telephone, facsimile or electronically as soon as possible,
within seven days)
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690.500
690.505
690.510
690.520
690.530
690.540
690.550
690.555
690.560
690.565
690.570
690.580
690.590
690.595
690.600
690.601
690.610
690.620
690.630
690.635
Lymphogranuloma Venereum (Lymphogranuloma Inguinale Lymphopathia
Venereum) (Repealed)
Lyme Disease (See Tickborne Disease)
Malaria (Reportable by mail, telephone, facsimile or electronically as soon as
possible, within seven days)
Measles (Reportable by telephone as soon as possible, within 24 hours)
Meningitis, Aseptic (Including Arboviral Infections) (Reportable by mail,
telephone, facsimile or electronically as soon as possible, within 7 days)
(Repealed)
Meningococcemia (Reportable by telephone as soon as possible) (Repealed)
Mumps (Reportable by telephone, facsimile or electronically as soon as possible,
within 24 hours)
Neisseria meningitidis, Meningitis and Invasive Disease (Reportable by telephone
or facsimile as soon as possible, within 24 hours)
Ophthalmia Neonatorum (Gonococcal) (Reportable by mail or telephone as soon
as possible, within 7 days) (Repealed)
Outbreaks of Public Health Significance (Including, but Not Limited to,
Foodborne or Waterborne Outbreaks) (Reportable by telephone or electronically
as soon as possible, within 24 hours)
Plague (Reportable by telephone immediately, within three hours upon initial
clinical suspicion of the disease)
Poliomyelitis (Reportable by telephone immediately, within three hours) upon
initial clinical suspicion of the disease)
Psittacosis (Ornithosis) Due to Chlamydia psittaci (Reportable by mail, telephone,
facsimile or electronically as soon as possible, within seven days)
Q-fever Due to Coxiella burnetii (Reportable by telephone as soon as possible,
within 24 Hours, unless suspect bioterrorist event or part of an outbreak, then
reportable immediately (within three hours) by telephone)
Rabies, Human (Reportable by telephone or facsimile as soon as possible, within
24 hours)
Rabies, Potential Human Exposure and Animal Rabies (Reportable by telephone
or facsimile, within 24 hours)
Rocky Mountain Spotted Fever (See Tickborne Disease)
Rubella (German Measles) (Including Congenital Rubella Syndrome) (Reportable
by telephone, facsimile or electronically as soon as possible, within 24 hours)
Salmonellosis (Other than Typhoid Fever) (Reportable by mail, telephone,
facsimile or electronically as soon as possible, within seven days)
Severe Acute Respiratory Syndrome (SARS) (Reportable by telephone
immediately (within 3 hours) upon initial clinical suspicion of the disease)
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690.640
690.650
690.655
690.658
690.660
690.661
690.670
690.675
690.678
690.680
690.690
690.695
690.698
690.700
690.710
690.720
690.725
Shigellosis (Reportable by mail, telephone, facsimile or electronically as soon as
possible, within seven days)
Smallpox (Reportable by telephone immediately, within three hours upon initial
clinical suspicion of the disease)
Smallpox vaccination, complications of (Reportable by telephone or
electronically as soon as possible, within 24 hours)
Staphylococcus aureus, Methicillin Resistant (MRSA) Infection, Clusters of Two
or More Laboratory Confirmed Cases Occurring in Community Settings
(Including, but Not Limited to, Schools, Correctional Facilities, Day Care and
Sports Teams) (Reportable by telephone or facsimile as soon as possible, within
24 hours)
Staphylococcus aureus, Methicillin Resistant (MRSA), Any Occurrence in an
Infant Less Than 61 Days of Age (Reportable by telephone or facsimile or
electronically as soon as possible, within 24 hours)
Staphylococcus aureus Infections with Intermediate (Minimum inhibitory
concentration (MIC) between 4 and 8) (VISA) or High Level Resistance to
Vancomycin (MIC greater than or equal to 16) (VRSA) (Reportable by telephone
or facsimile, within 24 hours)
Streptococcal Infections, Group A, Invasive Disease (Including Streptococcal
Toxic Shock Syndrome and Necrotizing fasciitis) (Reportable by telephone or
facsimile, within 24 hours)
Streptococcal Infections, Group B, Invasive Disease, of the Newborn (birth to 3
months) (Reportable by mail, telephone, facsimile or electronically, within 7
days) (Repealed)
Streptococcus pneumoniae, Invasive Disease in Children Less than 5 Years
(Including Antibiotic Susceptibility Test Results) (Reportable by mail, telephone,
facsimile or electronically, within 7 days)
Syphilis (Repealed)
Tetanus (Reportable by mail, telephone, facsimile or electronically, within 7 days)
Toxic Shock Syndrome due to Staphylococcus aureus Infection (Reportable by
mail, telephone, facsimile or electronically as soon as possible, within 7 days)
Tickborne Disease (Includes Babesiosis, Ehrlichiosis, Anaplasmosis, Lyme
Disease and Spotted Fever Rickettsiosis) (Reportable by mail, telephone,
facsimile or electronically, within seven days)
Trachoma (Repealed)
Trichinosis (Trichinellosis) (Reportable by mail, telephone, facsimile or
electronically as soon as possible, within seven days)
Tuberculosis (Repealed)
Tularemia (Reportable by telephone as soon as possible, within 24 hours, unless
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690.730
690.740
690.745
690.750
690.752
690.800
suspect bioterrorist event or part of an outbreak, then reportable immediately
(within three hours))
Typhoid Fever (Reportable by telephone or facsimile as soon as possible, within
24 hours)
Typhus (Reportable by telephone or facsimile as soon as possible, within 24
hours)
Vibriosis (Other than Toxigenic Vibrio cholera O1 or O139) (Reportable by mail,
telephone, facsimile or electronically as soon as possible, within seven days)
Pertussis (Whooping Cough) (Reportable by telephone as soon as possible, within
24 hours)
Yersiniosis (Reportable by mail, telephone, facsimile or electronically, within
seven days)
Any Suspected Bioterrorist Threat or Event (Reportable by telephone
immediately, within 3 hours upon initial clinical suspicion of the disease)
SUBPART E: DEFINITIONS
Section
690.900
Definition of Terms (Renumbered)
SUBPART F: GENERAL PROCEDURES
Section
690.1000
690.1010
General Procedures for the Control of Communicable Diseases (Renumbered)
Incorporated and Referenced Materials (Renumbered)
SUBPART G: SEXUALLY TRANSMITTED DISEASES
Section
690.1100
The Control of Sexually Transmitted Diseases (Repealed)
SUBPART H: PROCEDURES FOR WHEN DEATH OCCURS FROM
COMMUNICABLE DISEASES
Section
690.1200
690.1210
Death of a Person Who Had a Known or Suspected Communicable Disease
Funerals (Repealed)
SUBPART I: ISOLATION, QUARANTINE, AND CLOSURE
ILLINOIS REGISTER
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENT
Section
690.1300
690.1305
690.1310
690.1315
690.1320
690.1325
690.1330
690.1335
690.1340
690.1345
690.1350
690.1355
690.1360
690.1365
690.1370
690.1375
690.1380
690.1385
690.1390
690.1400
690.1405
690.1410
690.1415
General Purpose
Department of Public Health Authority
Local Health Authority
Responsibilities and Duties of the Certified Local Health Department
Responsibilities and Duties of Health Care Providers
Conditions and Principles for Isolation and Quarantine
Order and Procedure for Isolation, Quarantine and Closure
Isolation or Quarantine Premises
Enforcement
Relief from Isolation, Quarantine, or Closure
Consolidation
Access to Medical or Health Information
Right to Counsel
Service of Isolation, Quarantine, or Closure Order
Documentation
Voluntary Isolation, Quarantine, or Closure
Physical Examination, Testing and Collection of Laboratory Specimens
Vaccinations, Medications, or Other Treatments
Observation and Monitoring
Transportation of Persons Subject to Public Health or Court Order
Information Sharing
Amendment and Termination of Orders
Penalties
SUBPART J: REGISTRIES
Section
690.1500
690.1510
690.1520
690.1530
690.1540
Extensively Drug-Resistant Organism Registry
Entities Required to Submit Information
Information Required to be Reported
Methods of Reporting XDRO Registry Information
Availability of Information
690.EXHIBIT A
Typhoid Fever Agreement (Repealed)
AUTHORITY: Implementing the Communicable Disease Report Act [745 ILCS 45] and
implementing and authorized by the Department of Public Health Act [20 ILCS 2305].
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SOURCE: Amended July 1, 1977; emergency amendment at 3 Ill. Reg. 14, p. 7, effective March
21, 1979, for a maximum of 150 days; amended at 3 Ill. Reg. 52, p. 131, effective December 7,
1979; emergency amendment at 4 Ill. Reg. 21, p. 97, effective May 14, 1980, for a maximum of
150 days; amended at 4 Ill. Reg. 38, p. 183, effective September 9, 1980; amended at 7 Ill. Reg.
16183, effective November 23, 1983; codified at 8 Ill. Reg. 14273; amended at 8 Ill. Reg. 24135,
effective November 29, 1984; emergency amendment at 9 Ill. Reg. 6331, effective April 18,
1985, for a maximum of 150 days; amended at 9 Ill. Reg. 9124, effective June 3, 1985; amended
at 9 Ill. Reg. 11643, effective July 19, 1985; amended at 10 Ill. Reg. 10730, effective June 3,
1986; amended at 11 Ill. Reg. 7677, effective July 1, 1987; amended at 12 Ill. Reg. 10045,
effective May 27, 1988; amended at 15 Ill. Reg. 11679, effective August 15, 1991; amended at
18 Ill. Reg. 10158, effective July 15, 1994; amended at 23 Ill. Reg. 10849, effective August 20,
1999; amended at 25 Ill. Reg. 3937, effective April 1, 2001; amended at 26 Ill. Reg. 10701,
effective July 1, 2002; emergency amendment at 27 Ill. Reg. 592, effective January 2, 2003, for a
maximum of 150 days; emergency expired May 31, 2003; amended at 27 Ill. Reg. 10294,
effective June 30, 2003; amended at 30 Ill. Reg. 14565, effective August 23, 2006; amended at
32 Ill. Reg. 3777, effective March 3, 2008; amended at 37 Ill. Reg. 12063, effective July 15,
2013; recodified at 38 Ill. Reg. 5408; amended at 38 Ill. Reg. 5533, effective February 11, 2014;
emergency amendment at 38 Ill. Reg. 21954, effective November 5, 2014, for a maximum of 150
days.
SUBPART A: GENERAL PROVISIONS
Section 690.10 Definitions
EMERGENCY
"Acceptable Laboratory" − A laboratory that is certified under the Centers for
Medicare and Medicaid Services, Department of Health and Human Services,
Laboratory Requirements (42 CFR 493), which implements the Clinical
Laboratory Improvement Amendments of 1988 (42 USC 263).
"Act" – The Department of Public Health Act of the Civil Administrative Code of
Illinois [20 ILCS 2305].
"Airborne Precautions" or "Airborne Infection Isolation Precautions" – Infection
control measures designed to reduce the risk of transmission of infectious agents
that may be suspended in the air in either dust particles or small particle aerosols
(airborne droplet nuclei (5 µm or smaller in size)) (see Section 690.20(a)(7)).
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"Authenticated Fecal Specimen" − A specimen for which a public health authority
or a person authorized by a public health authority has observed either or both the
patient producing the specimen or conditions under which no one other than the
case, carrier or contact could be the source of the specimen.
"Bioterrorist Threat or Event" – The intentional use of any microorganism, virus,
infectious substance or biological product that may be engineered as a result of
biotechnology, or any naturally occurring or bioengineered component of any
microorganism, virus, infectious substance, or biological product, to cause death,
disease or other biological malfunction in a human, an animal, a plant or another
living organism.
"Business" − A person, partnership or corporation engaged in commerce,
manufacturing or a service.
"Carbapenum Antibiotics" – A class of broad-spectrum beta-lactam antibiotics.
"Carrier" − A living or deceased person who harbors a specific infectious agent in
the absence of discernible clinical disease and serves as a potential source of
infection for others.
"Case" − Any living or deceased person having a recent illness due to a
communicable disease.
"Confirmed Case" – A case that is classified as confirmed in accordance
with federal or State case definitions.
"Probable Case" − A case that is classified as probable in accordance with
federal or State case definitions.
"Suspect Case" − A case whose medical history or symptoms suggest that
the person may have or may be developing a communicable disease and
who does not yet meet the definition of a probable or confirmed case.
"Certified Local Health Department" − A local health authority that is certified
pursuant to Section 600.210 of the Certified Local Health Department Code (77
Ill. Adm. Code 600).
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"Chain of Custody" − The methodology of tracking specimens for the purpose of
maintaining control and accountability from initial collection to final disposition
of the specimens and providing for accountability at each stage of collecting,
handling, testing, storing, and transporting the specimens and reporting test
results.
"Child Care Facility" − A center, private home, or drop-in facility open on a
regular basis where children are enrolled for care or education.
"Cleaning" − The removal of visible soil (organic and inorganic material) from
objects and surfaces, normally accomplished by manual or mechanical means
using water with detergents or enzymatic products.
"Clinical Materials" – A clinical isolate containing the infectious agent, or other
material containing the infectious agent or evidence of the infectious agent.
"Cluster" – Two or more persons with a similar illness, usually associated by
place or time, unless defined otherwise in Subpart D.
"Communicable Disease" – An illness due to a specific infectious agent or its
toxic products that arises through transmission of that agent or its products from
an infected person, animal or inanimate source to a susceptible host, either
directly or indirectly through an intermediate plant or animal host, a vector or the
inanimate environment.
"Contact" − Any person known to have been sufficiently associated with a case or
carrier of a communicable disease to have been the source of infection for that
person or to have been sufficiently associated with the case or carrier of a
communicable disease to have become infected by the case or carrier; and, in the
opinion of the Department, there is a risk of the individual contracting the
contagious disease. A contact can be a household or non-household contact.
"Contact Precautions" – Infection control measures designed to reduce the risk of
transmission of infectious agents that can be spread through direct contact with
the patient or indirect contact with potentially infectious items or surfaces (see
Section 690.20(a)(7)).
"Contagious Disease" – An infectious disease that can be transmitted from person
to person by direct or indirect contact.
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"Dangerously Contagious or Infectious Disease" − An illness due to a specific
infectious agent or its toxic products that arises through transmission of that agent
or its products from an infected person, animal or inanimate reservoir to a
susceptible host, either directly or indirectly through an intermediate plant or
animal host, a vector or the inanimate environment, and may pose an imminent
and significant threat to the public health, resulting in severe morbidity or high
mortality.
"Decontamination" − A procedure that removes pathogenic microorganisms from
objects so they are safe to handle, use or discard.
"Department" − The Illinois Department of Public Health.
"Diarrhea" − The occurrence of three or more loose stools within a 24-hour
period.
"Director" − The Director of the Department, or his or her duly designated officer
or agent.
"Disinfection" − A process, generally less lethal than sterilization, that eliminates
virtually all recognized pathogenic microorganisms, but not necessarily all
microbial forms (e.g., bacterial spores).
"Droplet Precautions" – Infection control measures designed to reduce the risk of
transmission of infectious agents via large particle droplets that do not remain
suspended in the air and are usually generated by coughing, sneezing, or talking
(see Section 690.20(a)(7)).
"Emergency" – An occurrence or imminent threat of an illness or health condition
that:
is believed to be caused by any of the following:
bioterrorism;
the appearance of a novel or previously controlled or eradicated
infectious agent or biological toxin;
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a natural disaster;
a chemical attack or accidental release; or
a nuclear attack or incident; and
poses a high probability of any of the following harms:
a large number of deaths in the affected population;
a large number of serious or long-term disabilities in the affected
population; or
widespread exposure to an infectious or toxic agent that poses a
significant risk of substantial future harm to a large number of
people in the affected population.
"Emergency Care" − The performance of rapid acts or procedures under
emergency conditions, especially for those who are stricken with sudden and
acute illness or who are the victims of severe trauma, in the observation, care and
counsel of persons who are ill or injured or who have disabilities.
"Emergency Care Provider" – A person who provides rapid acts or procedures
under emergency conditions, especially for those who are stricken with sudden
and acute illness or who are the victims of severe trauma, in the observation, care
and counsel of persons who are ill or injured or who have disabilities.
"Epidemic" − The occurrence in a community or region of cases of a
communicable disease (or an outbreak) clearly in excess of expectancy.
"Exclusion" – Removal of individuals from a setting in which the possibility of
disease transmission exists.
"Extensively Drug-Resistant Organisms – A micro-organism that is nonsusceptible to at least one agent in all but two or fewer antimicrobial categories.
"Fever" – The elevation of body temperature above the normal (typically
considered greater than or equal to 100.4 degrees Fahrenheit).
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"First Responder" – Individuals who in the early stages of an incident are
responsible for the protection and preservation of life, property, evidence, and the
environment, including emergency response providers as defined in section 2 of
the Homeland Security Act of 2002 (6 USC 101), as well as emergency
management, public health, clinical care, public works, and other skilled support
personnel (such as equipment operators) that provide immediate support services
during prevention, response, and recovery operations.
"Food Handler" − Any person who has the potential to transmit foodborne
pathogens to others from working with unpackaged food, food equipment or
utensils or food-contact surfaces; any person who has the potential to transmit
foodborne pathogens to others by directly preparing or handling food. Any person
who dispenses medications by hand, assists in feeding, or provides mouth care
shall be considered a food handler for the purpose of this Part. In health care
facilities, this includes persons who set up meals for patients to eat, feed or assist
patients in eating, give oral medications, or give mouth/denture care. In day care
facilities, schools and community residential programs, this includes persons who
prepare food, feed or assist attendees in eating, or give oral medications to
attendees.
"Health Care" – Care, services and supplies related to the health of an individual.
Health care includes preventive, diagnostic, therapeutic, rehabilitative,
maintenance or palliative care, and counseling, among other services. Health care
also includes the sale and dispensing of prescription drugs or devices.
"Health Care Facility" − Any institution, building or agency, or portion of an
institution, building or agency, whether public or private (for-profit or nonprofit),
that is used, operated or designed to provide health services, medical treatment or
nursing, rehabilitative or preventive care to any person or persons. This includes,
but is not limited to, ambulatory surgical treatment centers, home health agencies,
hospices, hospitals, end-stage renal disease facilities, long-term care facilities,
medical assistance facilities, mental health centers, outpatient facilities, public
health centers, rehabilitation facilities, residential treatment facilities, and adult
day care centers.
"Health Care Provider" – Any person or entity who provides health care services,
including, but not limited to, hospitals, medical clinics and offices, long-term care
facilities, medical laboratories, physicians, pharmacists, dentists, physician
assistants, nurse practitioners, nurses, paramedics, emergency medical or
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laboratory technicians, and ambulance and emergency workers.
"Health Care Worker" − Any person who is employed by (or volunteers his or her
services to) a health care facility to provide direct personal services to others.
This definition includes, but is not limited to, physicians, dentists, nurses and
nursing assistants.
"Health Information Exchange" – The mobilization of healthcare information
electronically across organizations within a region, community or hospital system;
or, for purposes of this Part, an electronic network whose purpose is to
accomplish the exchange, or an organization that oversees and governs the
network.
"Health Level Seven" – Health Level Seven International or "HL7" is a not-forprofit, American National Standards Institute (ANSI)-accredited standards
developing organization dedicated to providing a comprehensive framework and
related standards for the exchange, integration, sharing and retrieval of electronic
health information that supports clinical practice and the management, delivery
and evaluation of health services. HL7 produces standards for message formats,
such as HL7 2.5.1, that are adopted for use in public health data exchange
between health care providers and public health.
"Illinois' National Electronic Disease Surveillance System" or "I-NEDSS" − A
secure, web-based electronic disease surveillance application utilized by health
care providers, laboratories and State and local health department staff to report
infectious diseases and conditions, and to collect and analyze additional
demographic, epidemiological and medical information for surveillance purposes
and outbreak detection.
"Immediate Care" – The delivery of ambulatory care in a facility dedicated to the
delivery of medical care outside of a hospital emergency department, usually on
an unscheduled, walk-in basis. Immediate care facilities are primarily used to treat
patients who have an injury or illness that requires immediate care but is not
serious enough to warrant a visit to an emergency department.
"Incubation Period" – The time interval between initial contact with an infectious
agent and the first appearance of symptoms associated with the infection.
ILLINOIS REGISTER
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DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENT
"Infectious Disease" – A disease caused by a living organism or other pathogen,
including a fungus, bacteria, parasite, protozoan, prion, or virus. An infectious
disease may, or may not, be transmissible from person to person, animal to
person, or insect to person.
"Institution" – An established organization or foundation, especially one
dedicated to education, public service, or culture, or a place for the care of
persons who are destitute, disabled, or mentally ill.
"Isolation" – The physical separation and confinement of an individual or groups
of individuals who are infected or reasonably believed to be infected with a
contagious or possibly contagious disease from non-isolated individuals, to
prevent or limit the transmission of the disease to non-isolated individuals.
"Isolation, Modified" – A selective, partial limitation of freedom of movement or
actions of a person or group of persons infected with, or reasonably suspected to
be infected with, a contagious or infectious disease. Modified isolation is
designed to meet particular situations and includes, but is not limited to, the
exclusion of children from school, the prohibition or restriction from engaging in
a particular occupation or using public or mass transportation, or requirements for
the use of devices or procedures intended to limit disease transmission.
"Isolation Precautions" – Infection control measures for preventing the
transmission of infectious agents, i.e., standard precautions, airborne precautions
(also known as airborne infection isolation precautions), contact precautions, and
droplet precautions (see Section 690.20(a)(7)).
"Least Restrictive" − The minimal limitation of the freedom of movement and
communication of a person or group of persons while under an order of isolation
or an order of quarantine, which also effectively protects unexposed and
susceptible persons from disease transmission.
"Local Health Authority" − The health authority (i.e., full-time official health
department, as recognized by the Department) having jurisdiction over a
particular area, including city, village, township and county boards of health and
health departments and the responsible executive officers of those boards, or any
person legally authorized to act for the local health authority. In areas without a
health department recognized by the Department, the local health authority shall
be the Department.
ILLINOIS REGISTER
21972
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DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENT
"Medical Record" – A written or electronic account of a patient's medical history,
current illness, diagnosis, details of treatments, chronological progress notes, and
discharge recommendations.
"Monitoring" – The practice of watching, checking or documenting medical
findings of potential contacts for the development or non-development of an
infection or illness. Monitoring may also include the institution of communitylevel social distancing measures designed to reduce potential exposure and
unknowing transmission of infection to others. Community-level social
distancing monitoring measures may include, but are not limited to, reporting of
geographic location for a period of time, restricted use of public transportation,
recommended or mandatory mask use, temperature screening prior to entering
public buildings or attending public gatherings.
"Non-Duplicative Isolate – The first isolate obtained from any source during each
unique patient/resident encounter, including those obtained for active surveillance
or clinical decision making.
"Observation" − The practice of close medical or other supervision of contacts to
promote prompt recognition of infection or illness, but without restricting their
movements.
"Observation and Monitoring" − Close medical or other supervision, including,
but not limited to, review of current health status, by health care personnel, of a
person or group of persons on a voluntary or involuntary basis to permit prompt
recognition of infection or illness.
"Outbreak" – The occurrence of illness in a person or a group of
epidemiologically associated persons, with the rate of frequency clearly in excess
of normal expectations. The number of cases indicating presence of an outbreak
is disease specific.
"Premises" − The physical portion of a building or other structure and its
surrounding area designated by the Director of the Department, his or her
authorized representative, or the local health authority.
"Public Health Order" − A written or verbal command, directive, instruction or
proclamation issued or delivered by the Department or certified local health
ILLINOIS REGISTER
21973
14
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENT
department.
"Public Transportation" – Any form of transportation that sets fares and is
available for public use, such as taxis; multiple-occupancy car, van or shuttle
services; airplanes; buses; trains; subways; ferries and boats.
"Quarantine" – The physical separation and confinement of an individual or
groups of individuals who are or may have been exposed to a contagious disease
or possibly contagious disease and who do not show signs or symptoms.
"Quarantine" also includes the definition of "Quarantine, modified".
"Quarantine, Modified" – A selective, partial limitation of freedom of movement
or actions of a person or group of persons who are or may have been exposed to a
contagious disease or possibly contagious disease. Modified quarantine is
designed to meet particular situations and includes, but is not limited to, the
exclusion of children from school, the prohibition or restriction from engaging in
a particular occupation or using public or mass transportation, or requirements for
the use of devices or procedures intended to limit disease transmission. Any
travel outside of the jurisdiction of the local health authority must be under
mutual agreement of the health authority of jurisdiction and the public health
official or officials who will assume responsibility.
"Recombinant Organism" – A microbe with nucleic acid molecules that have
been synthesized, amplified or modified.
"Registry" – A data collection and information system that is designed to support
organized care and management.
"Sensitive Occupation" − An occupation involving the direct care of others,
especially young children and the elderly, or any other occupation designated by
the Department or the local health authority, including, but not limited to, health
care workers and child care facility personnel.
"Sentinel Surveillance" – A means of monitoring the prevalence or incidence of
infectious disease or syndromes through reporting of cases, suspect cases, or
carriers or submission of clinical materials by selected sites.
"Specimens" – Include, but are not limited to, blood, sputum, urine, stool, other
bodily fluids, wastes, tissues, and cultures necessary to perform required tests.
ILLINOIS REGISTER
21974
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DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENT
"Standard Precautions" – Infection prevention and control measures that apply to
all patients regardless of diagnosis or presumed infection status (see Section
690.20(a)(7)).
"Sterilization" – The use of a physical or chemical process to destroy all microbial
life, including large numbers of highly resistant bacterial endospores.
"Susceptible (non-immune)" − A person who is not known to possess sufficient
resistance against a particular pathogenic agent to prevent developing infection or
disease if or when exposed to the agent.
"Suspect Case" − A case whose medical history or symptoms suggest that the
person may have or may be developing a communicable disease and who does not
yet meet the definition of a probable or confirmed case.
"Syndromic Surveillance" − Surveillance using health-related data that precede
diagnosis and signal a sufficient probability of a case or an outbreak to warrant
further public health response.
"Tests" – Include, but are not limited to, any diagnostic or investigative analyses
necessary to prevent the spread of disease or protect the public's health, safety and
welfare.
"Transmission" − Any mechanism by which an infectious agent is spread from a
source or reservoir to a person, including direct, indirect and airborne
transmission.
"Treatment" – The provision of health care by one or more health care providers.
Treatment includes any consultation, referral or other exchanges of information to
manage a patient's care.
"Voluntary Compliance" – Deliberate consented compliance of a person or group
of persons that occurs at the request of the Department or local health authority
prior to instituting a mandatory order for isolation, quarantine, closure, physical
examination, testing, collection of laboratory specimens, observation, monitoring
or medical treatment pursuant to this Subpart.
"Zoonotic Disease" – Any disease that is transmitted from animals to people.
ILLINOIS REGISTER
21975
14
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF EMERGENCY AMENDMENT
(Source: Amended by emergency rulemaking at 38 Ill. Reg. 21954, effective November
5, 2014, for a maximum of 150 days)
ILLINOIS REGISTER
21976
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
1)
Heading of the Part: Regional Transportation Authority Retailers' Occupation Tax
2)
Code Citation: 86 Ill. Adm. Code 320
3)
Section Number: 320.115
4)
Date Proposal published in Illinois Register: March 21, 2014; 38 Ill. Reg. 6575
5)
Date Adoption published in Illinois Register: July 11, 2014; 38 Ill. Reg. 14322
6)
Date Request for Expedited Correction published in Illinois Register: September 26,
2014; 38 Ill. Reg. 19295
7)
Adoption Effective Date: June 25, 2014
8)
Correction Effective Date: June 25, 2014
9)
Reason for Approval of Expedited Correction: In Section 320.115(c)(1)(A), "personal" is
being changed to "personnel" to correct a typographical error. The expedited correction
will serve the public interest and not create a public hardship because it promptly corrects
a typographical error. Making this expedited correction does not unduly circumvent the
public notice considerations of the Act because the error is only typographical in nature.
The Department of Revenue will make corresponding corrections to its copy of these
rules available to the public on its website.
The full text of the Corrected Rule begins on the following page.
ILLINOIS REGISTER
21977
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 320
REGIONAL TRANSPORTATION AUTHORITY
RETAILERS' OCCUPATION TAX
Section
320.101
320.105
320.110
320.115
320.120
320.125
320.130
Nature of the Regional Transportation Authority Retailers' Occupation Tax
Registration and Returns
Claims to Recover Erroneously Paid Tax
Jurisdictional Questions
Incorporation of the Retailers' Occupation Tax Regulations by Reference
Penalties, Interest and Procedures
Effective Date
AUTHORITY: Authorized by and implementing Section 4.03 of the Regional Transportation
Authority Act [70 ILCS 3615/4.03].
SOURCE: Adopted at 4 Ill. Reg. 28, p. 542, effective July 1, 1980; codified at 6 Ill. Reg. 9681;
amended at 15 Ill. Reg. 6316, effective April 11, 1991; amended at 24 Ill. Reg. 18370, effective
December 1, 2000; amended at 34 Ill. Reg. 11444, effective July 26, 2010; emergency
amendment at 38 Ill. Reg. 4073, effective January 22, 2014, for a maximum of 150 days;
emergency expired June 20, 2014; amended at 38 Ill. Reg. 14322, effective June 25, 2014;
expedited correction at 38 Ill. Reg. 21976, effective June 25, 2014.
Section 320.115 Jurisdictional Questions
a)
Definitions
When used in this Part, "Metropolitan Region" means all territory included within
the Regional Transportation Authority as provided in the Regional Transportation
Authority Act, and such territory as may be annexed to the Regional
Transportation Authority.
When used in this Part, "Selling Activities" refers to those activities that comprise
"an occupation, the business of which is to sell tangible personal property at
retail". "Selling Activities" includes "the composite of many activities extending
from the preparation for, and the obtaining of, orders for goods to the final
ILLINOIS REGISTER
21978
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
consummation of the sale by the passing of title and payment of the purchase
price". Ex-Cell-O Corp. v. McKibbin, 383 Ill. 316, 321 (1943).
b)
Retailer's Selling Activities Determine Taxing Jurisdiction
1)
Occupation of Selling. The Regional Transportation Authority Act [70
ILCS 3615] authorizes the Authority to impose a tax on those engaged in
the business of selling tangible personal property at retail in the
metropolitan region. Because the statute imposes a tax on the retail
business of selling, and not on specific sales, the jurisdiction in which the
sale takes place is not necessarily the jurisdiction where the Regional
Transportation Authority Retailers' Occupation Tax is owed. Rather, it is
the jurisdiction where the seller is engaged in the business of selling that
can impose the tax. Automatic Voting Machs. v. Daley, 409 Ill. 438, 447
(1951) ("In short, the tax is imposed on the "occupation" of the retailer and
not upon the "sales" as such.") (citing Mahon v. Nudelman, 377 Ill. 331
(1941) and Standard Oil Co. v. Dep't of Finance, 383 Ill. 136 (1943)); see
also Young v. Hulman, 39 Ill. 2d 219, 225 (1968) ("the retailers
occupational tax . . . imposes liability upon the occupation of selling at
retail and not on the sale itself").
2)
Composite of Selling Activities. The occupation of selling is comprised of
"the composite of many activities extending from the preparation for, and
the obtaining of, orders for goods to the final consummation of the sale by
the passing of title and payment of the purchase price". Ex-Cell-O Corp.
v. McKibbin, 383 Ill. 316, 321 (1943). Thus, establishing where "the
taxable business of selling is being carried on" requires a fact-specific
inquiry into the composite of activities that comprise the retailer's
business. Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraph 32
(citing Ex-Cell-O Corp. v. McKibbin, 383 Ill. 316, 321-22 (1943)).
3)
Multijurisdictional Retailers. Some retailers are engaged in retail
operations with selling activities in multiple jurisdictions within the State,
or in jurisdictions located in more than one state. The selling activities
that comprise these businesses "are as varied as the methods which men
select to carry on retail business". Ex-Cell-O Corp. v. McKibbin, 383 Ill.
316, 321 (1943). Consequently, "it is…not possible to prescribe by
definition which of the many activities must take place in [a jurisdiction]
to constitute it an occupation conducted in [that jurisdiction]….[I]t is
ILLINOIS REGISTER
21979
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
necessary to determine each case according to the facts which reveal the
method by which the business was conducted". Ex-Cell-O Corp. v.
McKibbin, 383 Ill. 316, 321-22 (1943); see also Hartney Fuel Oil Co. v.
Hamer, 2013 IL 115130, paragraph 36.
4)
Statutory Intent. It is the intent of Regional Transportation Authority
Retailers' Occupation Tax that retailers will incur local retailers'
occupation tax in a jurisdiction in Illinois if they "enjoyed the greater part
of governmental [services and] protection" in that jurisdiction. Hartney
Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraph 34 (quoting Svithiod
Singing Club v. McKibbin, 381 Ill. 194, 197 (1942)). By allowing the
Regional Transportation Authority to impose tax on retailers who conduct
business in the Metropolitan Region, the Regional Transportation
Authority Act links the retailer's tax liability to where it principally enjoys
the benefits of government services. Svithiod Singing Club v. McKibbin,
381 Ill. 194, 199 (1942).
5)
Determination of Taxing Jurisdiction. Applying the provisions in
subsections (b)(1) and (b)(4), the seller incurs Regional Transportation
Authority Retailers' Occupation Tax in a particular jurisdiction within the
Metropolitan Region if its predominant and most important selling
activities take place in that jurisdiction. Isolated or limited business
activities within a jurisdiction do not constitute engaging in the business of
selling in that jurisdiction when other more significant selling activities
occur outside the jurisdiction, and the business predominantly takes
advantage of government services provided by other jurisdictions. ExCell-O Corp. v. McKibbin, 383 Ill. 316, 322-23 (1943); Harney Fuel Oil
Co. v. Hamer, 2013 IL 115130, paragraphs 30-35.
6)
Substance over Form. The Department "may look through the form of a
putatively [multijurisdictional] transaction to its substance" to determine
where "enough of the business of selling took place" and, thus, where the
seller is subject to local retailers' occupation tax. Marshall & Huschart
Mach. Co. v. Dep't of Revenue, 18 Ill. 2d 496, 501 (1960); Fed. Bryant
Mach. Co. v. Dep't of Revenue, 41 Ill. 2d 64, 67 (1968); Int'l-Stanley
Corp. v. Dep't of Revenue, 40 Ill. App. 3d 397, 406 (1st Dist. 1976);
Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraph 31. For
example, the Department will not look to the location of a party that is
owned by or has common ownership with a supplier or a purchaser if that
ILLINOIS REGISTER
21980
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
party does not, in substance, conduct the selling activities related to the
sales.
c)
7)
Same Standard Applies to Intrastate and Interstate Retailers. For purposes
of determining where a retailer is engaged in the business of selling, it
does not matter whether the retailer is engaged in selling activities in
taxing jurisdictions in multiple states, or in multiple jurisdictions in this
State. The legal standard is the same. The retailer is engaged in the
business of selling in the taxing jurisdiction where its predominant and
most important selling activities take place. Ex-Cell-O Corp. v.
McKibbin, 383 Ill. 316 (1943); Hartney Fuel Oil Co. v. Hamer, 2013 IL
115130, paragraph 30 ("the location of the business of selling inside or
outside the [S]tate controls…"). If a retailer engages in some selling
activities in a taxing jurisdiction in this State, but that retailer's
predominant selling activities are outside the State, the retailer's obligation
to collect and remit taxes on Illinois sales is governed by the Illinois Use
Tax Act [35 ILCS 105/2] (defining "retailer maintaining a place of
business in the State"); Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130,
paragraph 31 ("some combination of activities within the [S]tate are
insufficient for the retail occupation tax to apply") (citing Automatic
Voting Machs. v. Daley, 409 Ill. 438, 447 (1951)).
8)
Because it is not practicable for retailers to divide retailers' occupation tax
among competing jurisdictions, a retailer subject to the retailers'
occupation tax is engaged in the business of selling in only one location in
Illinois for each sale.
Application of Composite of Selling Activities Test to Retailers Conducting
Selling Activities in Multiple Taxing Jurisdictions
Every retailer maintaining a place of business in this State shall determine the
taxing jurisdictions in which it is engaged in the business of selling with respect to
each of its sales by applying the standards set forth in this subsection (c), except
when a retailer is engaged in particular selling activities identified by a statute that
specifies the taxing jurisdiction where retailers engaged in those activities shall
remit retailers' occupation tax. These retailers shall remit retailers' occupation tax
as directed by statute, notwithstanding anything in this Part to the contrary.
1)
Primary Selling Activities. Without attempting to anticipate every kind of
fact situation that may arise, taxpayers that divide selling activities among
ILLINOIS REGISTER
21981
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
personnel located in multiple jurisdictions shall consider the following
selling activities to determine where they are engaged in the business of
selling with respect to each sale. A retailer is engaged in the business of
selling in only one location for each sale, but may be engaged in the
business of selling in different locations for different sales:
A)
Location of sales personnelpersonal exercising discretion and
authority to solicit customers on behalf of a seller and to bind the
seller to the sale;
B)
Location where the seller takes action that binds it to the sale,
which may be acceptance of purchase orders, submission of offers
subject to unilateral acceptance by the buyer, or other actions that
bind the seller to that sale;
C)
The location where payment is tendered and received, or from
which invoices are issued with respect to each sale;
D)
Location of inventory if tangible personal property that is sold is in
the retailer's inventory at the time of its sale or delivery; and
E)
The location of the retailer's headquarters, which is the principal
place from which the business of selling tangible personal property
is directed or managed. In general, this is the place at which the
offices of the principal executives are located. When executive
authority is located in multiple jurisdictions, the place of daily
operational decision making is the headquarters.
2)
A retailer engaging in three or more primary selling activities in one
location in the State for a particular sale shall remit the retailers'
occupation tax imposed by the taxing bodies with authority to impose
retailers' occupation tax on those engaged in the business of selling in that
location for that sale. A retailer engaging in three or more primary selling
activities for a particular sale outside the State shall collect and remit tax
to the State to the extent required by the Illinois Use Tax Act [35 ILCS
105] for that sale, except as provided in subsection (d).
3)
Application of Primary Selling Activities to Common Selling Operations.
Retailers engaged in selling operations with a single location where the
ILLINOIS REGISTER
21982
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
primary selling activities predominate constitute the vast majority of
retailers in the State. Subsections (c)(3)(A) through (c)(3)(C) apply the
primary selling activities to certain common selling operations and
identify the location where the Department will presume the seller is
engaged in the business of selling with respect to each sale.
A)
Over the Counter Sales. If a purchaser is present at a place of
business owned or leased by a retailer and there enters into an
agreement with the retailer's sales personnel to purchase tangible
personal property, and makes payment for that property at the
same place of business, then the retailer's occupation tax for that
sale is incurred at the retailer's place of business where the sale
occurred regardless of whether the purchaser takes immediate
possession of the tangible personal property, or the retailer delivers
or arranges for the property to be delivered to the purchaser.
B)
Sales through Vending Machines. A retailer is engaged in the
business of selling food, beverages or other tangible personal
property through a vending machine at the location where the
vending machine is located when the sale is made if:
C)
i)
the vending machine is a device operated by coin, currency,
credit card, token, coupon or similar device that dispenses
food, beverage or other tangible personal property;
ii)
the food, beverage or other tangible personal property is
contained within the vending machine and dispensed from
the vending machine; and
iii)
the purchaser takes possession of the purchased food,
beverage or other tangible personal property immediately.
Sales from Vehicles Carrying Uncommitted Stock of Goods. The
seller's place of engaging in business when making sales and
deliveries (not just deliveries pursuant to previously completed
sales, but actual sales and deliveries) from a vehicle in which a
stock of goods is being carried for sale is the place at which the
sales and deliveries actually are made. The vehicle carrying the
stock of goods for sale is regarded as a portable place of business.
ILLINOIS REGISTER
21983
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
4)
Secondary Selling Activities. If the primary selling activities listed in
subsection (c)(1) occur in multiple jurisdictions, but no individual
jurisdiction has more than two primary selling activities, the following
additional selling activities shall be considered to determine the
jurisdiction in which the retailer is engaged in the business of selling.
A)
Location where marketing and solicitation occur;
B)
Location where the seller engages in activities necessary to procure
goods for sale;
C)
Location of the retailer's officers, executives or employees with
authority to set prices or determine other terms of sale if
determinations are made in a location different than that identified
in subsection (c)(1)(A);
D)
Location where purchase orders or other contractual documents are
received when purchase orders are accepted, processed or fulfilled
in a location or locations different from where they are received;
E)
Location where title passes; and
F)
Location where the retailer displays goods to prospective
customers, such as a showroom.
5)
Except as provided in subsection (d), a retailer that is not engaged in the
business of selling in a jurisdiction under subsection (c)(2) is engaged in
the business of selling in the jurisdiction where its inventory is located
under subsection (c)(1)(D), or where its headquarters is located under
subsection (c)(1)(E), whichever jurisdiction is the location where more
selling activities occur, considering both primary and secondary selling
activities.
6)
A retailer that is not engaged in the business of selling in a jurisdiction
under subsection (c)(2) or (c)(5) is presumed to be engaged in the business
of selling at the location of its headquarters absent clear and convincing
evidence to the contrary.
ILLINOIS REGISTER
21984
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
d)
Presumption Applying to Certain Selling Operations
1)
For certain classes of retailers with unique, complicated or widely
dispersed selling activities, determining appropriate tax situs in every
situation presents substantial administrative difficulties for both retailers
and tax enforcement personnel. Subsections (d)(2) through (d)(5) provide
administrative "short cuts" that balance the administrative difficulties
presented by certain selling operations against the need for accurate tax
assessment.
2)
In-State Inventory/Out of State Selling Activity. If a retailer's selling
activities take place in taxing jurisdictions outside this State, except that
the tangible personal property that is sold is in an inventory in the
possession of the retailer located within a jurisdiction in Illinois at the time
of its sale (or is subsequently produced by the retailer in the jurisdiction),
then delivered in Illinois to the purchaser, the jurisdiction where the
property is located at the time of the sale or when it is subsequently
produced by the retailer will determine where the retailer is engaged in
business with respect to that sale. Chemed Corp., Inc. v. Department of
Revenue, 186 Ill. App. 3d 402 (4th Dist. 1989).
3)
Sales over the Internet. When a customer places an order for the purchase
of tangible personal property through a consumer-based retailer website
available without limitation on the world wide web and the retailer ships
the property to the customer in this State, the Department will presume
that the retailer's predominant selling activities take place outside of this
State. Therefore, such a sale will be subject to the Illinois Use Tax Act
unless there is clear and convincing evidence the retailer's predominant
and most important selling activities take place in this State. Clear and
convincing evidence sufficient to overcome the presumption provided for
in this subsection (d)(3) includes, but is not limited to, the following
circumstances:
A)
the tangible personal property that is sold is in an inventory in the
possession of the retailer located within a jurisdiction in Illinois at
the time of its sale (or is subsequently produced by the retailer in
the jurisdiction), in which case the retailer is engaged in the
business of selling in the jurisdiction where the property is located
at the time of the sale with respect to that sale;
ILLINOIS REGISTER
21985
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
B)
the customer takes possession of the tangible personal property at a
place of business owned or leased by the retailer in the State, in
which case the retailer is engaged in the business of selling in the
jurisdiction where the customer takes possession of the property
with respect to that sale.
4)
Leases with an Option to Purchase. A lease with a dollar or other nominal
option to purchase is considered to be a conditional sale subject to
retailers' occupation tax. (See 86 Ill. Adm. Code 130.2010(a)). Persons
selling tangible personal property to a nominal lessee or bailee for use or
consumption under a conditional sales agreement are presumed to be
engaged in the business of selling at the physical location of the property
at the time the parties enter into the conditional sales agreement.
5)
Sales of Coal or Other Minerals. A retail sale by a producer of coal or
other mineral mined in Illinois is a sale at retail in the jurisdiction where
the coal or other mineral mined in Illinois is extracted from the earth. For
purposes of this subsection (d)(5), "extracted from the earth" means the
location at which the coal or other mineral is extracted from the mouth of
the mine.
A)
A retail sale is a sale to a user, such as a railroad, public utility or
other industrial company, for use. "Mineral" includes not only
coal, but also oil, sand, stone taken from a quarry, gravel and any
other thing commonly regarded as a mineral and extracted from the
earth.
B)
A mineral produced in Illinois, but shipped out of Illinois by the
seller for use outside Illinois, will generally be tax exempt under
the Commerce Clause of the Federal Constitution (i.e., as a sale in
interstate commerce). This exemption does not extend, however,
to sales to carriers, other than common carriers by rail or motor, for
their own use outside Illinois if the purchasing carrier takes
delivery of the property in the jurisdiction and transports it over its
own line to an out-of-state destination.
C)
A sale by a mineral producer to a wholesaler or retailer for resale
would not be a retail sale by the producer and so would not be
ILLINOIS REGISTER
21986
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
taxable. The taxable sale (the retail sale) is the final sale to the
user, and local retailers' occupation tax on that sale will go to the
jurisdiction where the retailer is engaged in the business of selling,
as provided in this subsection (d)(5).
(Source: Amended at 38 Ill. Reg. 14322, effective June 25, 2014; expedited correction at
38 Ill. Reg. 21976, effective June 25, 2014)
ILLINOIS REGISTER
21987
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
1)
Heading of the Part: Salem Civic Center Retailers' Occupation Tax
2)
Code Citation: 86 Ill. Adm. Code 690
3)
Section Number: 690.115
4)
Date Proposal published in Illinois Register: March 21, 2014; 38 Ill. Reg. 6640
5)
Date Adoption published in Illinois Register: July 11, 2014; 38 Ill. Reg. 14398
6)
Date Request for Expedited Correction published in Illinois Register: September 26,
2014; 38 Ill. Reg. 19306
7)
Adoption Effective Date: June 25, 2014
8)
Correction Effective Date: June 25, 2014
9)
Reason for Approval of Expedited Correction: In Section 690.115 (c)(2), the article "a"
is being added in the first sentence (should have read "for a particular sale"). The
expedited correction will serve the public interest and not create a public hardship
because it promptly corrects a typographical error. Making this expedited correction does
not unduly circumvent the public notice considerations of the Act because the error is
only typographical in nature. The Department of Revenue will make corresponding
corrections to its copy of these rules available to the public on its website.
The full text of the Corrected Rule begins on the following page.
ILLINOIS REGISTER
21988
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 690
SALEM CIVIC CENTER RETAILERS' OCCUPATION TAX
Section
690.101
690.105
690.110
690.115
690.120
690.125
690.130
Nature of the Salem Civic Center Retailers' Occupation Tax
Registration and Returns
Claims to Recover Erroneously Paid Tax
Jurisdictional Questions
Incorporation of Retailers' Occupation Tax Regulations by Reference
Penalties, Interest and Procedures
Effective Date
AUTHORITY: Implementing Section 245-12 of the Salem Civic Center Law of 1997 [70 ILCS
200/245-12] and authorized by Section 2505-95 of the Civil Administrative Code of Illinois [20
ILCS 2505/2505-95].
SOURCE: Adopted at 21 Ill. Reg. 2390, effective February 3, 1997; amended at 25 Ill. Reg.
8260, effective June 22, 2001; emergency amendment at 38 Ill. Reg. 4138, effective January 22,
2014, for a maximum of 150 days; emergency expired June 20, 2014; amended at 38 Ill. Reg.
14398, effective June 25, 2014; expedited correction at 38 Ill. Reg. 21987, effective June 25,
2014.
Section 690.115 Jurisdictional Questions
a)
Definitions
When used in this Part, "Metropolitan Area" means all territory in the State of
Illinois lying within the corporate boundaries of the City of Salem in Marion
County.
When used in this Part, "Selling Activities" refers to those activities that comprise
"an occupation, the business of which is to sell tangible personal property at
retail". "Selling Activities" includes "the composite of many activities extending
from the preparation for, and the obtaining of, orders for goods to the final
consummation of the sale by the passing of title and payment of the purchase
price". Ex-Cell-O-Corp. v. McKibbin, 383 Ill. 316, 321 (1943).
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
b)
Retailer's Selling Activities Determine Taxing Jurisdiction
1)
Occupation of Selling. The Salem Civic Center Use and Occupation Tax
Law [70 ILCS 200/245-12] authorizes the Salem Civic Center Authority
to impose a Salem Civic Center Retailers' Occupation Tax on those
engaged in the business of selling tangible personal property at retail
within the metropolitan area. Because the statute imposes a tax on the
retail business of selling, and not on specific sales, the jurisdiction in
which the sale takes place is not necessarily the jurisdiction where the
local retailers' occupation tax is owed. Rather, it is the jurisdiction where
the seller is engaged in the business of selling that can impose the tax.
Automatic Voting Machs. v. Daley, 409 Ill. 438, 447 (1951) ("In short, the
tax is imposed on the "occupation" of the retailer and not upon the "sales"
as such.") (citing Mahon v. Nudelman, 377 Ill. 331 (1941) and Standard
Oil Co. v. Dep't of Finance, 383 Ill. 136 (1943)); see also Young v.
Hulman, 39 Ill. 2d 219, 225 (1968) ("the retailers occupational tax . . .
imposes liability upon the occupation of selling at retail and not on the
sale itself").
2)
Composite of Selling Activities. The occupation of selling is comprised of
"the composite of many activities extending from the preparation for, and
the obtaining of, orders for goods to the final consummation of the sale by
the passing of title and payment of the purchase price". Ex-Cell-O Corp.
v. McKibbin, 383 Ill. 316, 321 (1943). Thus, establishing where "the
taxable business of selling is being carried on" requires a fact-specific
inquiry into the composite of activities that comprise the retailer's
business. Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraph 32
(citing Ex-Cell-O Corp. v. McKibbin, 383 Ill. 316, 321-22 (1943)).
3)
Multijurisdictional Retailers. Some retailers are engaged in retail
operations with selling activities in multiple jurisdictions within the State,
or in jurisdictions located in more than one state. The selling activities
that comprise these businesses "are as varied as the methods which men
select to carry on retail business". Ex-Cell-O Corp. v. McKibbin, 383 Ill.
316, 321 (1943). Consequently, "it is...not possible to prescribe by
definition which of the many activities must take place in [a jurisdiction]
to constitute it an occupation conducted in [that jurisdiction].... [I]t is
necessary to determine each case according to the facts which reveal the
ILLINOIS REGISTER
21990
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
method by which the business was conducted". Ex-Cell-O Co. v.
McKibbin, 383 Ill. 316, 321-22 (1943); see also Hartney Fuel Oil Co. v.
Hamer, 2013 IL 115130, paragraph 36.
4)
Statutory Intent. It is the intent of the Salem Civic Center Retailers'
Occupation Tax that retailers will incur local retailers' occupation tax in a
jurisdiction in Illinois if they "enjoyed the greater part of governmental
[services and] protection" in that jurisdiction. Hartney Fuel Oil Co. v.
Hamer, 2013 IL 115130, paragraph 34 (quoting Svithiod Singing Club v.
McKibbin, 381 Ill. 194, 197 (1942)). By allowing the Salem Civic Center
Authority to impose tax on retailers who conduct business in the
Metropolitan Area, the Salem Civic Center Law of 1997 [70 ILCS
200/Art. 245] links the retailer's tax liability to where it principally enjoys
the benefits of government services. Svithiod Singing Club v. McKibbin,
381 Ill. 194, 199 (1942).
5)
Determination of Taxing Jurisdiction. Applying the provisions in
subsections (b)(1) and (b)(4), a seller incurs Salem Civic Center Retailers'
Occupation Tax in a particular jurisdiction within the Metropolitan Area if
its predominant and most important selling activities take place in that
jurisdiction. Isolated or limited business activities within a jurisdiction do
not constitute engaging in the business of selling in that jurisdiction when
other more significant selling activities occur outside the jurisdiction, and
the business predominantly takes advantage of government services
provided by other jurisdictions. Ex-Cell-O Corp. v. McKibbin, 383 Ill.
316, 322-23 (1943); Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130,
paragraphs 30 through 35.
6)
Substance over Form. The Department "may look through the form of a
putatively [multijurisdictional] transaction to its substance" to determine
where "enough of the business of selling took place" and, thus, where the
seller is subject to local retailers' occupation tax. Marshall & Huschart
Mach. Co. v. Dep't of Revenue, 18 Ill. 2d 496, 501 (1960); Fed. Bryant
Mach. Co. v. Dep't of Revenue, 41 Ill. 2d 64, 67 (1968); Int'l-Stanley
Corp. v. Dep't of Revenue, 40 Ill. App. 3d 397, 406 (1st Dist. 1976);
Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraph 31. For
example, the Department will not look to the location of a party that is
owned by or has common ownership with a supplier or a purchaser if that
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21991
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
party does not, in substance, conduct the selling activities related to the
sales.
c)
7)
Same Standard Applies to Intrastate and Interstate Retailers. For purposes
of determining where a retailer is engaged in the business of selling, it
does not matter whether the retailer is engaged in selling activities in
taxing jurisdictions in multiple states, or in multiple jurisdictions in this
State. The legal standard is the same. The retailer is engaged in the
business of selling in the taxing jurisdiction where its predominant and
most important selling activities take place. Ex-Cell-O Corp. v.
McKibbin, 383 Ill. 316 (1943); Hartney Fuel Oil Co. v. Hamer, 2013 IL
115130, paragraph 30 ("the location of the business of selling inside or
outside the [S]tate controls..."). If a retailer engages in some selling
activities in a taxing jurisdiction in this State, but that retailer's
predominant selling activities are outside the State, the retailer's obligation
to collect and remit taxes on Illinois sales is governed by the Illinois Use
Tax Act [35 ILCS 105/2] (defining "retailer maintaining a place of
business in the State"); Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130,
paragraph 31 ("some combination of activities within the [S]tate are
insufficient for the retail occupation tax to apply") (citing Automatic
Voting Machs. v. Daley, 409 Ill. 438, 447 (1951)).
8)
Because it is not practicable for retailers to divide retailers' occupation tax
among competing jurisdictions, a retailer subject to the retailers'
occupation tax is engaged in the business of selling in only one location in
Illinois for each sale.
Application of Composite of Selling Activities Test to Retailers Conducting
Selling Activities in Multiple Taxing Jurisdictions
Every retailer maintaining a place of business in this State shall determine the
taxing jurisdictions in which it is engaged in the business of selling with respect to
each of its sales by applying the standards set forth in this subsection (c), except
when a retailer is engaged in particular selling activities identified by a statute that
specifies the taxing jurisdiction where retailers engaged in those activities shall
remit retailers' occupation tax. These retailers shall remit retailers' occupation tax
as directed by statute, notwithstanding anything in this Part to the contrary.
1)
Primary Selling Activities. Without attempting to anticipate every kind of
fact situation that may arise, taxpayers that divide selling activities among
ILLINOIS REGISTER
21992
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
personnel located in multiple jurisdictions shall consider the following
selling activities to determine where they are engaged in the business of
selling with respect to each sale. A retailer is engaged in the business of
selling in only one location for each sale, but may be engaged in the
business of selling in different locations for different sales:
A)
Location of sales personnel exercising discretion and authority to
solicit customers on behalf of a seller and to bind the seller to the
sale;
B)
Location where the seller takes action that binds it to the sale,
which may be acceptance of purchase orders, submission of offers
subject to unilateral acceptance by the buyer, or other actions that
bind the seller to that sale;
C)
The location where payment is tendered and received, or from
which invoices are issued with respect to each sale;
D)
Location of inventory if tangible personal property that is sold is in
the retailer's inventory at the time of its sale or delivery; and
E)
The location of the retailer's headquarters, which is the principal
place from which the business of selling tangible personal property
is directed or managed. In general, this is the place at which the
offices of the principal executives are located. When executive
authority is located in multiple jurisdictions, the place of daily
operational decision making is the headquarters.
2)
A retailer engaging in three or more primary selling activities in one
location in the State for a particular sale shall remit the retailers'
occupation tax imposed by the taxing bodies with authority to impose
retailers' occupation tax on those engaged in the business of selling in that
location for that sale. A retailer engaging in three or more primary selling
activities for a particular sale outside the State shall collect and remit tax
to the State to the extent required by the Illinois Use Tax Act [35 ILCS
105] for that sale, except as provided in subsection (d).
3)
Application of Primary Selling Activities to Common Selling Operations.
Retailers engaged in selling operations with a single location where the
ILLINOIS REGISTER
21993
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
primary selling activities predominate constitute the vast majority of
retailers in the State. Subsections (c)(3)(A) through (c)(3)(C) apply the
primary selling activities to certain common selling operations and
identify the location where the Department will presume the seller is
engaged in the business of selling with respect to each sale.
A)
Over the Counter Sales. If a purchaser is present at a place of
business owned or leased by a retailer and there enters into an
agreement with the retailers' sales personnel to purchase tangible
personal property, and makes payment for that property at the
same place of business, then the retailers' occupation tax for that
sale is incurred at the retailer's place of business where the sale
occurred regardless of whether the purchaser takes immediate
possession of the tangible personal property, or the retailer delivers
or arranges for the property to be delivered to the purchaser.
B)
Sales through Vending Machines. A retailer is engaged in the
business of selling food, beverages or other tangible personal
property through a vending machine at the location where the
vending machine is located when the sale is made if:
C)
i)
the vending machine is a device operated by coin, currency,
credit card, token, coupon or similar device that dispenses
food, beverage or other tangible personal property;
ii)
the food, beverage or other tangible personal property is
contained within the vending machine and dispensed from
the vending machine; and
iii)
the purchaser takes possession of the purchased food,
beverage or other tangible personal property immediately.
Sales from Vehicles Carrying Uncommitted Stock of Goods. The
seller's place of engaging in business when making sales and
deliveries (not just deliveries pursuant to previously completed
sales, but actual sales and deliveries) from a vehicle in which a
stock of goods is being carried for sale is the place at which the
sales and deliveries actually are made. The vehicle carrying the
stock of goods for sale is regarded as a portable place of business.
ILLINOIS REGISTER
21994
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
4)
Secondary Selling Activities. If the primary selling activities listed in
subsection (c)(1) occur in multiple jurisdictions, but no individual
jurisdiction has more than two primary selling activities, the following
additional selling activities shall be considered to determine the
jurisdiction in which the retailer is engaged in the business of selling.
A)
Location where marketing and solicitation occur;
B)
Location where the seller engages in activities necessary to procure
goods for sale;
C)
Location of the retailer's officers, executives or employees with
authority to set prices or determine other terms of sale if
determinations are made in a location different than that identified
in subsection (c)(1)(A);
D)
Location where purchase orders or other contractual documents are
received when purchase orders are accepted, processed or fulfilled
in a location or locations different from where they are received;
E)
Location where title passes; and
F)
Location where the retailer displays goods to prospective
customers, such as a showroom.
5)
Except as provided in subsection (d), a retailer that is not engaged in the
business of selling in a jurisdiction under subsection (c)(2) is engaged in
the business of selling in the jurisdiction where its inventory is located
under subsection (c)(1)(D), or where its headquarters is located under
subsection (c)(1)(E), whichever jurisdiction is the location where more
selling activities occur, considering both primary and secondary selling
activities.
6)
A retailer that is not engaged in the business of selling in a jurisdiction
under subsection (c)(2) or (c)(5), is presumed to be engaged in the
business of selling at the location of its headquarters absent clear and
convincing evidence to the contrary.
ILLINOIS REGISTER
21995
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
d)
Presumptions Applying to Certain Selling Operations
1)
For certain classes of retailers with unique, complicated or widely
dispersed selling activities, determining appropriate tax situs in every
situation presents substantial administrative difficulties for both retailers
and tax enforcement personnel. Subsections (d)(2) through (d)(5) provide
administrative "short cuts" that balance the administrative difficulties
presented by certain selling operations against the need for accurate tax
assessment.
2)
In-State Inventory/Out of State Selling Activity. If a retailer's selling
activity takes place in taxing jurisdictions outside this State, except that
the tangible personal property that is sold is in an inventory in the
possession of the retailer located within a jurisdiction in Illinois at the time
of its sale (or is subsequently produced by the retailer in the jurisdiction),
then delivered in Illinois to the purchaser, the jurisdiction where the
property is located at the time of the sale or when it is subsequently
produced by the retailer will determine where the retailer is engaged in
business with respect to that sale. Chemed Corp., Inc. v. Department of
Revenue, 186 Ill. App. 3d 402 (4th Dist. 1989).
3)
Sale over the Internet. When a customer places an order for the purchase
of tangible personal property through a consumer-based retailer website
available without limitation on the world wide web and the retailer ships
the property to the customer in this State, the Department will presume
that the retailer's predominant selling activities take place outside of this
State. Therefore, such a sale will be subject to the Illinois Use Tax Act
unless there is clear and convincing evidence the retailer's predominant
and most important selling activities take place in this State. Clear and
convincing evidence sufficient to overcome the presumption provided for
in this subsection (d)(3) includes but is not limited to, the following
circumstances:
A)
the tangible personal property that is sold is in an inventory in the
possession of the retailer located within a jurisdiction in Illinois at
the time of its sale (or is subsequently produced by the retailer in
the jurisdiction), in which case the retailer is engaged in the
business of selling in the jurisdiction where the property is located
at the time of the sale with respect to that sale;
ILLINOIS REGISTER
21996
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
B)
the customer takes possession of the tangible personal property at a
place of business owned or leased by the retailer in the State, in
which case the retailer is engaged in the business of selling in the
jurisdiction where the customer takes possession of the property
with respect to that sale.
4)
Leases with an Option to Purchase. A lease with a dollar or other nominal
option to purchase is considered to be a conditional sale subject to
retailers' occupation tax. (See 86 Ill. Adm. Code 130.2010(a)). Persons
selling tangible personal property to a nominal lessee or bailee for use or
consumption under a conditional sales agreement are presumed to be
engaged in the business of selling at the physical location of the property
at the time the parties enter into the conditional sales agreement.
5)
Sales of Coal or Other Minerals. A retail sale by a producer of coal or
other mineral mined in Illinois is a sale at retail in the jurisdiction where
the coal or other mineral mined in Illinois is extracted from the earth. For
purposes of this subsection (d)(5), "extracted from the earth" means the
location at which the coal or other mineral is extracted from the mouth of
the mine.
A)
A retail sale is a sale to a user, such as a railroad, public utility or
other industrial company, for use "Mineral" includes not only coal,
but also oil, sand, stone taken from a quarry, gravel and any other
thing commonly regarded as a mineral and extracted from the
earth.
B)
A mineral produced in Illinois, but shipped out of Illinois by the
seller for use outside Illinois, will generally be tax exempt under
the Commerce Clause of the Federal Constitution (i.e., as a sale in
interstate commerce). This exemption does not extend, however,
to sales to carriers, other than common carriers by rail or motor, for
their own use outside Illinois if the purchasing carrier takes
delivery of the property in the jurisdiction and transports it over its
own line to an out-of-state destination.
C)
A sale by a mineral producer to a wholesaler or retailer for resale
would not be a retail sale by the producer and so would not be
ILLINOIS REGISTER
21997
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
taxable. The taxable sale (the retail sale) is the final sale to the
user, and local retailers' occupation tax on that sale will go to the
jurisdiction where the retailer is engaged in the business of selling,
as provided in this subsection (d)(5).
(Source: Amended at 38 Ill. Reg. 14398, effective June 25, 2014; expedited correction at
38 Ill. Reg. 21987, effective June 25, 2014)
ILLINOIS REGISTER
21998
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
1)
Heading of the Part: Non-Home Rule Municipal Retailers' Occupation Tax
2)
Code Citation: 86 Ill. Adm. Code 693
3)
Section Number: 693.115
4)
Date Proposal published in Illinois Register: March 21, 2014; 38 Ill. Reg. 6653
5)
Date Adoption published in Illinois Register: July 11, 2014; 38 Ill. Reg. 14413
6)
Date Request for Expedited Correction published in Illinois Register: September 26,
2014; 38 Ill. Reg. 19317
7)
Adoption Effective Date: June 25, 2014
8)
Correction Effective Date: June 25, 2014
9)
Reason for Approval of Expedited Correction: In subsection (d)(4), "leassee" is being
changed to "lessee" to correct a typographical error. The expedited correction will serve
the public interest and not create a public hardship because it promptly corrects a
typographical error. Making this expedited correction does not unduly circumvent the
public notice considerations of the Act because the error is only typographical in nature.
The Department of Revenue will make corresponding corrections to its copy of these
rules available to the public on its website.
The full text of the Corrected Rule begins on the following page.
ILLINOIS REGISTER
21999
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 693
NON-HOME RULE MUNICIPAL RETAILERS' OCCUPATION TAX
Section
693.101
693.105
693.110
693.115
693.120
693.125
693.130
Nature of the Non-Home Rule Municipal Retailers' Occupation Tax
Registration and Returns
Claims to Recover Erroneously Paid Tax
Jurisdictional Questions
Retailers' Occupation Tax Regulations
Penalties, Interest and Procedures
Ordinance Filing Deadlines; When Tax Rate Change Applies
AUTHORITY: Implementing the Non-Home Rule Municipal Retailers' Occupation Tax Act [65
ILCS 5/8-11-1.3] and authorized by Section 2505-15 of the Civil Administrative Code of Illinois
[20 ILCS 2505/2505-15].
SOURCE: Adopted at 24 Ill. Reg. 17831, effective November 28, 2000; amended at 32 Ill. Reg.
2829, effective February 8, 2008; emergency amendment at 38 Ill. Reg. 4151, effective January
22, 2014, for a maximum of 150 days; emergency expired June 20, 2014; amended at 38 Ill. Reg.
14413, effective June 25, 2014; expedited correction at 38 Ill. Reg. 21998, effective June 25,
2014.
Section 693.115 Jurisdictional Questions
a)
Definitions
When used in this Part, "municipal" and "municipality" mean a city, village or
incorporated town, including an incorporated town that has superseded a civil
township.
When used in this Part, "Selling Activities" refers to those activities that comprise
"an occupation, the business of which is to sell tangible personal property at
retail". "Selling Activities" includes "the composite of many activities extending
from the preparation for, and the obtaining of, orders for goods to the final
consummation of the sale by the passing of title and payment of the purchase
price". Ex-Cell-O-Corp. v. McKibbin, 383 Ill. 316, 321 (1943).
ILLINOIS REGISTER
22000
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
b)
Retailer's Selling Activities Determine Taxing Jurisdiction
1)
Occupation of Selling. The Non-Home Rule Municipal Retailers'
Occupation Tax Act [65 ILCS 5/8-11-1.3] authorizes non-home rule
municipalities to impose a tax on those engaged in the business of selling
tangible personal property at retail within the municipality. Because the
statute imposes a tax on the retail business of selling, and not on specific
sales, the jurisdiction in which the sale takes place is not necessarily the
jurisdiction where the local retailers' occupation tax is owed. Rather, it is
the jurisdiction where the seller is engaged in the business of selling that
can impose the tax. Automatic Voting Machs. v. Daley, 409 Ill. 438, 447
(1951) ("In short, the tax is imposed on the "occupation" of the retailer and
not upon the "sales" as such.") (citing Mahon v. Nudelman, 377 Ill. 331
(1941) and Standard Oil Co. v. Dep't of Finance, 383 Ill. 136 (1943)); see
also Young v. Hulman, 39 Ill. 2d 219, 225 (1968) ("the retailers
occupational tax...imposes liability upon the occupation of selling at retail
and not on the sale itself").
2)
Composite of Selling Activities. The occupation of selling is comprised of
"the composite of many activities extending from the preparation for, and
the obtaining of, orders for goods to the final consummation of the sale by
the passing of title and payment of the purchase price". Ex-Cell-O Corp.
v. McKibbin, 383 Ill. 316, 321 (1943). Thus, establishing where "the
taxable business of selling is being carried on" requires a fact-specific
inquiry into the composite of activities that comprise the retailer's
business. Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraph 32
(citing Ex-Cell-O Corp. v. McKibbin, 383 Ill. 316, 321-22 (1943)).
3)
Multijurisdictional Retailers. Some retailers are engaged in retail
operations with selling activities in multiple jurisdictions within the State,
or in jurisdictions located in more than one state. The selling activities
that comprise these businesses "are as varied as the methods which men
select to carry on retail business". Ex-Cell-O Corp. v. McKibbin, 383 Ill.
316, 321 (1943). Consequently, "it is...not possible to prescribe by
definition which of the many activities must take place in [a jurisdiction]
to constitute it an occupation conducted in [that jurisdiction].... [I]t is
necessary to determine each case according to the facts which reveal the
method by which the business was conducted". Ex-Cell-O Corp. v.
ILLINOIS REGISTER
22001
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
McKinnin, 383 Ill. 316, 321-22 (1943); see also Hartney Fuel Oil Co. v.
Hamer, 2013 IL 115130, paragraph 36.
4)
Statutory Intent. It is the intent of the Non-Home Rule Municipal
Retailers' Occupation Tax that retailers will incur local retailers'
occupation tax in a jurisdiction in Illinois if they "enjoyed the greater part
of governmental [services and] protection" in that jurisdiction. Hartney
Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraph 34 (quoting Svithiod
Singing Club v. McKibbin, 381 Ill. 194, 197 (1942)). By allowing the
municipality to impose tax on retailers who conduct business in the
municipality, the Non-Home Rule Municipal Retailers' Occupation Tax
Act links the retailer's tax liability to where it principally enjoys the
benefits of government services. Svithiod Singing Club v. McKibbin, 381
Ill. 194, 199 (1942).
5)
Determination of Taxing Jurisdiction. Applying the provisions in
subsections (b)(1) and (b)(4), a seller incurs Non-Home Rule Municipal
Retailers' Occupation Tax in the municipality if its predominant and most
important selling activities take place in the municipality. Isolated or
limited business activities within a jurisdiction do not constitute engaging
in the business of selling in that jurisdiction when other more significant
selling activities occur outside the jurisdiction, and the business
predominantly takes advantage of government services provided by other
jurisdictions. Ex-Cell-O Corp. v. McKibbin, 383 Ill. 316, 322-23 (1943);
Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraphs 30 through
35.
6)
Substance over Form. The Department "may look through the form of a
putatively [multijurisdictional] transaction to its substance" to determine
where "enough of the business of selling took place" and, thus, where the
seller is subject to local retailers' occupation tax. Marshall & Huschart
Mach. Co. v. Dep't of Revenue, 18 Ill. 2d 496, 501 (1960); Fed. Bryant
Mach. Co. v. Dep't of Revenue, 41 Ill. 2d 64, 67 (1968); Int'l-Stanley
Corp. v. Dep't of Revenue, 40 Ill. App 3d 397, 406 (1st Dist. 1976);
Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, paragraph 31. For
example, the Department will not look to the location of a party that is
owned by or has common ownership with a supplier or a purchaser if that
party does not, in substance, conduct the selling activities related to the
sales.
ILLINOIS REGISTER
22002
14
DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
c)
7)
Same Standard Applies to Intrastate and Interstate Retailers. For purposes
of determining where a retailer is engaged in the business of selling, it
does not matter whether the retailer is engaged in selling activities in
taxing jurisdictions in multiple states, or in multiple jurisdictions in this
State. The legal standard is the same. The retailer is engaged in the
business of selling in the taxing jurisdiction where its predominant and
most important selling activities take place. Ex-Cell-O Corp. v.
McKibbin, 383 Ill. 316 (1943); Hartney Fuel Oil Co. v. Hamer 2013 IL
115130, paragraph 30 ("the location of the business of selling inside or
outside the [S]tate controls..."). If a retailer engages in some selling
activities in a taxing jurisdiction in this State, but that retailer's
predominant selling activities are outside the State, the retailer's obligation
to collect and remit taxes on Illinois sales is governed by the Illinois Use
Tax Act [35 ILCS 105/2] (defining "retailer maintaining a place of
business in the State"); Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130,
paragraph 31 ("some combination of activities within the [S]tate are
insufficient for the retail occupation tax to apply") (citing Automatic
Voting Machs. v. Daley, 409 Ill. 438, 447 (1951)).
8)
Because it is not practicable for retailers to divide retailers' occupation tax
among competing jurisdictions, a retailer subject to the retailers'
occupation tax is engaged in the business of selling in only one location in
Illinois for each sale.
Application of Composite of Selling Activities Test to Retailers Conducting
Selling Activities in Multiple Taxing Jurisdictions. Every retailer maintaining a
place of business in this State shall determine the taxing jurisdictions in which it
is engaged in the business of selling with respect to each of its sales by applying
the standards set forth in this subsection (c), except when a retailer is engaged in
particular selling activities identified by a statute that specifies the taxing
jurisdiction where retailers engaged in those activities shall remit retailers'
occupation tax. These retailers shall remit retailers' occupation tax as directed by
statute, notwithstanding anything in this Part to the contrary.
1)
Primary Selling Activities. Without attempting to anticipate every kind of
fact situation that may arise, taxpayers that divide selling activities among
personnel located in multiple jurisdictions shall consider the following
selling activities to determine where they are engaged in the business of
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
selling with respect to each sale. A retailer is engaged in the business of
selling in only one location for each sale, but may be engaged in the
business of selling in different locations for different sales:
A)
Location of sales personnel exercising discretion and authority to
solicit customers on behalf of a seller and to bind the seller to the
sale;
B)
Location where the seller takes action that binds it to the sale,
which may be acceptance of purchase orders, submission of offers
subject to unilateral acceptance by the buyer, or other actions that
bind the seller to that sale;
C)
The location where payment is tendered and received, or from
which invoices are issued with respect to each sale;
D)
Location of inventory if tangible personal property that is sold is in
the retailer's inventory at the time of its sale or delivery; and
E)
The location of the retailer's headquarters, which is the principal
place from which the business of selling tangible personal property
is directed or managed. In general, this is the place at which the
offices of the principal executives are located. When executive
authority is located in multiple jurisdictions, the place of daily
operational decision making is the headquarters.
2)
A retailer engaging in three or more primary selling activities in one
location in the State for a particular sale shall remit the retailers'
occupation tax imposed by the taxing bodies with authority to impose
retailers' occupation tax on those engaged in the business of selling in that
location for that sale. A retailer engaging in three or more primary selling
activities for a particular sale outside the State shall collect and remit tax
to the State to the extent required by the Illinois Use Tax Act [35 ILCS
105] for that sale, except as provided in subsection (d).
3)
Application of primary selling activities to Common Selling Operations.
Retailers engaged in selling operations with a single location where the
primary selling activities predominate constitute the vast majority of
retailers in the State. Subsections (c)(3)(A) through (c)(3)(C) apply the
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
primary selling activities to certain common selling operations and
identify the location where the Department will presume the seller is
engaged in the business of selling with respect to each sale.
A)
Over the Counter Sales. If a purchaser is present at a place of
business owned or leased by a retailer and there enters into an
agreement with the retailer's sales personnel to purchase tangible
personal property, and makes payment for that property at the
same place of business, then the retailers' occupation tax for that
sale is incurred at the retailer's place of business where the sale
occurred regardless of whether the purchaser takes immediate
possession of the tangible personal property, or the retailer delivers
or arranges for the property to be delivered to the purchaser.
B)
Sales through Vending Machines. A retailer is engaged in the
business of selling food, beverages or other tangible personal
property through a vending machine at the location where the
vending machine is located when the sale is made if:
C)
i)
the vending machine is a device operated by coin, currency,
credit card, token, coupon or similar device that dispenses
food, beverage or other tangible personal property;
ii)
the food, beverage or other tangible personal property is
contained within the vending machine and dispensed from
the vending machine; and
iii)
the purchaser takes possession of the purchased food,
beverage or other tangible personal property immediately.
Sales from Vehicles Carrying Uncommitted Stock of Goods. The
seller's place of engaging in business when making sales and
deliveries (not just deliveries pursuant to previously completed
sales, but actual sales and deliveries) from a vehicle in which a
stock of goods is being carried for sale is the place at which the
sales and deliveries actually are made. The vehicle carrying the
stock of goods for sale is regarded as a portable place of business.
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
4)
d)
Secondary Selling Activities. If the primary selling activities listed in
subsection (c)(1) occur in multiple jurisdictions, but no individual
jurisdiction has more than two primary selling activities, the following
additional selling activities shall be considered to determine the
jurisdiction in which the retailer is engaged in the business of selling.
A)
Location where marketing and solicitation occur;
B)
Location where the seller engages in activities necessary to procure
goods for sale;
C)
Location of the retailer's officers, executives or employees with
authority to set prices or determine other terms of sale if
determinations are made in a location different than that identified
in subsection (c)(1)(A);
D)
Location where purchase orders or other contractual documents are
received when purchase orders are accepted, processed or fulfilled
in a location or locations different from where they are received;
E)
Location where title passes; and
F)
Location where the retailer displays goods to prospective
customers, such as a showroom.
5)
Except as provided in subsection (d), a retailer that is not engaged in the
business of selling in a jurisdiction under subsection (c)(2) is engaged in
the business of selling in the jurisdiction where its inventory is located
under subsection (c)(1)(D), or where its headquarters is located under
subsection (c)(1)(E), whichever jurisdiction is the location where more
selling activities occur, considering both primary and secondary selling
activities.
6)
A retailer that is not engaged in the business of selling in a jurisdiction
under subsection (c)(2) or (c)(5) is presumed to be engaged in the business
of selling at the location of its headquarters absent clear and convincing
evidence to the contrary.
Presumptions Applying to Certain Selling Operations
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
1)
For certain classes of retailers with unique, complicated or widely
dispersed selling activities, determining appropriate tax situs in every
situation presents substantial administrative difficulties for both retailers
and tax enforcement personnel. Subsections (d)(2) through (d)(5) provide
administrative "short cuts" that balance the administrative difficulties
presented by certain selling operations against the need for accurate tax
assessment.
2)
In-State Inventory/Out of State Selling Activity. If a retailer's selling
activities take place in taxing jurisdictions outside this State, except that
the tangible personal property that is sold is in an inventory in the
possession of the retailer located within a jurisdiction in Illinois at the time
of its sale (or is subsequently produced by the retailer in the jurisdiction),
then delivered in Illinois to the purchaser, the jurisdiction where the
property is located at the time of the sale or when it is subsequently
produced by the retailer will determine where the retailer is engaged in
business with respect to that sale. Chemed Corp., Inc. v. Department of
Revenue, 186 Ill. App. 3d 402 (4th Dist. 1989).
3)
Sales over the Internet. When a customer places an order for the purchase
of tangible personal property through a consumer-based retailer website
available without limitation on the world wide web and the retailer ships
the property to the customer in this State, the Department will presume
that the retailer's predominant selling activities take place outside of this
State. Therefore, such a sale will be subject to the Illinois Use Tax Act
unless there is clear and convincing evidence the retailer's predominant
and most important selling activities take place in this State. Clear and
convincing evidence sufficient to overcome the presumption provided for
in this subsection (d)(3) includes, but is not limited to, the following
circumstances:
A)
the tangible personal property that is sold is in an inventory in the
possession of the retailer located within a jurisdiction in Illinois at
the time of its sale (or is subsequently produced by the retailer in
the jurisdiction), in which case the retailer is engaged in the
business of selling in the jurisdiction where the property is located
at the time of the sale with respect to that sale;
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
B)
the customer take possession of the tangible personal property at a
place of business owned or leased by the retailer in the State, in
which case the retailer is engaged in business of selling in the
jurisdiction where the customer takes possession of the property
with respect to that sale.
4)
Leases with an Option to Purchase. A lease with a dollar or other nominal
option to purchase is considered to be a conditional sale subject to
retailers' occupation tax. (See 86 Ill. Adm. Code 130.2010(a)). Persons
selling tangible personal property to a nominal lesseeleassee or bailee for
use or consumption under a conditional sales agreement are presumed to
be engaged in the business of selling at the physical location of the
property at the time the parties enter into the conditional sales agreement.
5)
Sales of Coal or Other Minerals. A retail sale by a producer of coal or
other mineral mined in Illinois is a sale at retail in the jurisdiction where
the coal or other mineral mined in Illinois is extracted from the earth. For
purposes of this subsection (d)(5), "extracted from the earth" means the
location at which the coal or other mineral is extracted from the mouth of
the mine.
A)
A retail sale is a sale to a user, such as a railroad, public utility or
other industrial company, for use. "Mineral" includes not only
coal, but also oil, sand, stone taken from a quarry, gravel and any
other thing commonly regarded as a mineral and extracted from the
earth.
B)
A mineral produced in Illinois, but shipped out of Illinois by the
seller for use outside Illinois, will generally be tax exempt under
Commerce Clause of the Federal Constitution (i.e., as a sale in
interstate commerce). This exemption does not extend, however,
to sales to carriers, other than common carriers by rail or motor, for
their own use outside Illinois if the purchasing carrier takes
delivery of the property in the jurisdiction and transports it over its
own line to an out-of-state destination.
C)
A sale by a mineral producer to a wholesaler or retailer for resale
would not be a retail sale by the producer and so would not be
taxable. The taxable sale (the retail sale) is the final sale to the
ILLINOIS REGISTER
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DEPARTMENT OF REVENUE
NOTICE OF EXPEDITED CORRECTION
user, and local retailers' occupation tax on that sale will go to the
jurisdiction where the retailer is engaged in the business of selling,
as provided in this subsection (d)(5).
(Source: Amended at 38 Ill. Reg. 14413, effective June 25, 2014; expedited correction at
38 Ill. Reg. 21998, effective June 25, 2014)
ILLINOIS REGISTER
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14
ILLINOIS STATE BOARD OF EDUCATION
AGENCY RESPONSE TO JOINT COMMITTEE RECOMMENDATION
TO PROPOSED RULEMAKING
Date: November 3, 2014
Agency: Illinois State Board of Education
Heading of the Part: Charter Schools
Code Citation: 23 Ill. Adm. Code 650
Register Citation: 38 Ill. Reg. 11482, May 30, 2014
Agency Response to Specific Joint Committee Recommendation: On October 14, 2014, the
Joint Committee on Administrative Rules considered the above-referenced rulemaking and
issued a certificate of no objection. The Committee recommended that the State Board of
Education "be more timely in updating its rules to reflect statute".
In response to this recommendation, the State Board of Education will be more timely in
promulgating rules necessitated by changes in statute.
ILLINOIS REGISTER
22010
14
JOINT COMMITTEE ON ADMINISTRATIVE RULES
ILLINOIS GENERAL ASSEMBLY
SECOND NOTICES RECEIVED
The following second notices were received during the period of November 4, 2014 through
November 10, 2014. The rulemakings are scheduled for review at the Committee's December
16, 2014 meeting. Other items not contained in this published list may also be considered.
Members of the public wishing to express their views with respect to a rulemaking should submit
written comments to the Committee at the following address: Joint Committee on
Administrative Rules, 700 Stratton Bldg., Springfield IL 62706.
Second
Notice
Expires
Agency and Rule
Start
Of First
Notice
JCAR
Meeting
12/19/14
Secretary of State, Merit Commission (80 Ill.
Adm. Code 50)
9/19/14
38 Ill. Reg.
18851
12/16/14
12/19/14
Department of Children and Family Services,
Department of Children and Family Services
Scholarship Program (89 Ill. Adm. Code 312)
7/7/14
38 Ill. Reg.
13564
12/16/14
12/19/14
Department of Insurance, Unfair Discrimination
Based on Sex, Sexual Preference or Marital
Status (50 Ill. Adm. Code 2603)
8/15/14
38 Ill. Reg.
17185
12/16/14
ILLINOIS ADMINISTRATIVE CODE
Issue Index - With Effective Dates
Rules acted upon in Volume 38, Issue 47 are listed in the Issues Index by Title number, Part number, Volume and
Issue. Inquiries about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.
PROPOSED RULES
35 - 611
77 - 690
86 - 100
..................... 21513
..................... 21756
..................... 21758
ADOPTED RULES
29 - 430
11/5/2014 ..................... 21779
23 - 25
11/3/2014 ..................... 21788
23 - 51
11/3/2014 ..................... 21906
23 - 650
11/3/2014 ..................... 21916
EMERGENCY RULES
77 - 690
11/5/2014 ..................... 21954
APPROVAL OF EXPEDITED
CORRECTION
86 - 320
6/25/2014 ..................... 21976
86 - 690
6/25/2014 ..................... 21987
86 - 693
6/25/2014 ..................... 21998
OTHER INFORMATION REQUIRED BY
LAW TO BE PUBLISHED IN THE
ILLINOIS REGISTER
23 - 650
..................... 22009
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