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 9 10 11 12 13 14 15 16 17 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 iii 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 14 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 21517 14 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 21519 14 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 21520 14 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 21521 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 21524 14 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 21525 14 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 ILLINOIS REGISTER 21526 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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]. ILLINOIS REGISTER 21527 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21528 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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. ILLINOIS REGISTER 21529 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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. ILLINOIS REGISTER 21530 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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. ILLINOIS REGISTER 21531 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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. ILLINOIS REGISTER 21532 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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 ILLINOIS REGISTER 21533 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21534 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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 ILLINOIS REGISTER 21535 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21536 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21537 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21538 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21539 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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), ILLINOIS REGISTER 21540 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 21541 14 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 14 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 14 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 14 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 14 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 14 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 14 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 14 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 14 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 14 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 14 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 14 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 21560 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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. ILLINOIS REGISTER 21561 14 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 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. ILLINOIS REGISTER 21562 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21563 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21564 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21565 14 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 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. ILLINOIS REGISTER 21566 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21567 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21568 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21569 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21570 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21571 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21572 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21573 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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® ILLINOIS REGISTER 21574 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21575 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21576 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21577 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21578 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21579 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21580 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21581 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21582 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21583 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21584 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS (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. ILLINOIS REGISTER 21585 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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. ILLINOIS REGISTER 21586 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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. ILLINOIS REGISTER 21587 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21588 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21589 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21590 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21591 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21592 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21593 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21594 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "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. ILLINOIS REGISTER 21595 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21596 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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," ILLINOIS REGISTER 21597 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21598 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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, ILLINOIS REGISTER 21599 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21600 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21601 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21602 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21603 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21604 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21605 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21606 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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, ILLINOIS REGISTER 21607 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21608 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21609 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21610 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21611 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21612 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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; ILLINOIS REGISTER 21613 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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; ILLINOIS REGISTER 21614 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21615 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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, ILLINOIS REGISTER 21616 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21617 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21618 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21619 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21620 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21621 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21622 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ____________) ILLINOIS REGISTER 21623 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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, ILLINOIS REGISTER 21624 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21625 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21626 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21627 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21628 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21629 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21630 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21631 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21632 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21633 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21634 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21635 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21636 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21637 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21638 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21639 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21640 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21641 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21642 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21643 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21644 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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; ILLINOIS REGISTER 21645 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21646 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21647 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21648 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21649 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21650 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21651 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21652 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21653 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21654 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21655 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21656 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21657 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21658 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21659 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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., ILLINOIS REGISTER 21660 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21661 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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); ILLINOIS REGISTER 21662 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21663 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21664 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21665 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21666 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21667 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21668 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21669 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21670 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21671 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21672 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21673 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21674 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21675 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21676 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21677 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21678 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21679 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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, ILLINOIS REGISTER 21680 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21681 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21682 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) ILLINOIS REGISTER 21683 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) ILLINOIS REGISTER 21684 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21685 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21686 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21687 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21688 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21689 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21690 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21691 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21692 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21693 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21694 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21695 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21696 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21697 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21698 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21699 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21700 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21701 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) ILLINOIS REGISTER 21702 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21703 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21704 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21705 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21706 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21707 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21708 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21709 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21710 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21711 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21712 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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, ILLINOIS REGISTER 21713 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21714 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21715 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21716 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21717 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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." ILLINOIS REGISTER 21718 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21719 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21720 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21721 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21722 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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). ILLINOIS REGISTER 21723 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21724 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21725 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21726 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21727 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21728 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21729 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21730 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21731 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21732 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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: ILLINOIS REGISTER 21733 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21734 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21735 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21736 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21737 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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; ILLINOIS REGISTER 21738 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21739 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) ILLINOIS REGISTER 21740 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21741 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21742 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ILLINOIS REGISTER 21743 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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. ILLINOIS REGISTER 21744 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ____________) ILLINOIS REGISTER 21745 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) ILLINOIS REGISTER 21746 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) ILLINOIS REGISTER 21747 14 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 21763 14 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 21764 14 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 21765 14 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 21766 14 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 21767 14 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 21768 14 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 21769 14 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 21770 14 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 21771 14 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 ILLINOIS REGISTER 21772 14 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 ILLINOIS REGISTER 21773 14 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. ILLINOIS REGISTER 21774 14 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 21775 14 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 ILLINOIS REGISTER 21776 14 DEPARTMENT OF REVENUE 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 21777 14 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 ILLINOIS REGISTER 21778 14 DEPARTMENT OF REVENUE 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 21779 14 ILLINOIS EMERGENCY MANAGEMENT AGENCY 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 21780 14 ILLINOIS EMERGENCY MANAGEMENT AGENCY 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 21781 14 ILLINOIS EMERGENCY MANAGEMENT AGENCY 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 21782 14 ILLINOIS EMERGENCY MANAGEMENT AGENCY NOTICE OF ADOPTED AMENDMENTS (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 21783 14 ILLINOIS EMERGENCY MANAGEMENT AGENCY NOTICE OF ADOPTED AMENDMENTS "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 21784 14 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 21785 14 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 21786 14 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 21787 14 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 21788 14 ILLINOIS REGISTER 21789 14 STATE BOARD OF EDUCATION 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 21790 14 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 21791 14 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: 21792 14 ILLINOIS REGISTER 21793 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21794 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21795 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21796 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 21797 14 ILLINOIS REGISTER 21798 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21799 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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, ILLINOIS REGISTER 21800 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21801 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21802 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21803 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21804 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21805 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21806 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21807 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21808 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21809 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21810 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21811 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21812 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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, ILLINOIS REGISTER 21813 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21814 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21815 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21816 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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- ILLINOIS REGISTER 21817 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21818 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21819 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21820 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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). ILLINOIS REGISTER 21821 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21822 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21823 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21824 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21825 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21826 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21827 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21828 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21829 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21830 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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: ILLINOIS REGISTER 21831 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21832 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21833 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21834 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21835 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21836 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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: ILLINOIS REGISTER 21837 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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]; ILLINOIS REGISTER 21838 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21839 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21840 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21841 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21842 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21843 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21844 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21845 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21846 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21847 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21848 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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, ILLINOIS REGISTER 21849 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21850 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21851 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21852 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21853 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21854 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21855 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21856 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21857 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21858 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21859 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21860 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21861 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21862 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21863 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21864 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21865 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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: ILLINOIS REGISTER 21866 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21867 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21868 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21869 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21870 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21871 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21872 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21873 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21874 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21875 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS (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 ILLINOIS REGISTER 21876 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21877 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21878 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21879 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21880 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21881 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21882 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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)] ILLINOIS REGISTER 21883 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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). ILLINOIS REGISTER 21884 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21885 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21886 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21887 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21888 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21889 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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)] ILLINOIS REGISTER 21890 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21891 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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). ILLINOIS REGISTER 21892 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21893 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21894 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21895 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21896 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21897 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21898 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21899 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21900 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21901 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21902 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21903 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21904 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS (Source: Amended at 38 Ill. Reg. 21788, effective November 3, 2014) 21905 14 ILLINOIS REGISTER 21906 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21907 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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: 21908 14 ILLINOIS REGISTER 21909 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21910 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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, ILLINOIS REGISTER 21911 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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: ILLINOIS REGISTER 21912 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21913 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21914 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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). ILLINOIS REGISTER 21915 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21916 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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). ILLINOIS REGISTER 21917 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21918 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 21919 14 STATE BOARD OF EDUCATION 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 ILLINOIS REGISTER 21920 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21921 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21922 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21923 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21924 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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: ILLINOIS REGISTER 21925 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21926 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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- ILLINOIS REGISTER 21927 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21928 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21929 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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, ILLINOIS REGISTER 21930 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21931 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21932 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21933 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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: ILLINOIS REGISTER 21934 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21935 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21936 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21937 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21938 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21939 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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; ILLINOIS REGISTER 21940 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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). ILLINOIS REGISTER 21941 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21942 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21943 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21944 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21945 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21946 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21947 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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 ILLINOIS REGISTER 21948 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21949 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21950 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21951 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21952 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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. ILLINOIS REGISTER 21953 14 STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 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) ILLINOIS REGISTER 21954 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY 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) 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 ILLINOIS REGISTER 21955 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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: 21956 14 ILLINOIS REGISTER 21957 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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 ILLINOIS REGISTER 21958 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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) ILLINOIS REGISTER 21959 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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) ILLINOIS REGISTER 21960 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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) ILLINOIS REGISTER 21961 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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 ILLINOIS REGISTER 21962 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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]. 21963 14 ILLINOIS REGISTER 21964 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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)). ILLINOIS REGISTER 21965 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT "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). ILLINOIS REGISTER 21966 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT "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. ILLINOIS REGISTER 21967 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT "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; ILLINOIS REGISTER 21968 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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). ILLINOIS REGISTER 21969 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT "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 ILLINOIS REGISTER 21970 14 DEPARTMENT OF PUBLIC HEALTH NOTICE OF EMERGENCY AMENDMENT 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 21971 14 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 14 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 14 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 14 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 21989 14 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 ILLINOIS REGISTER 21991 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 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 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 21995 14 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 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 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 22003 14 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 22004 14 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 22005 14 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 22006 14 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 22007 14 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 22008 14 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 22009 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 ORDER FORM Print Version of the Illinois Register New Renewal $290.00 (annually) Back Issues of the Illinois Register (2012-2013 Only) Volume #__________ Issue#__________Date__________ $ 10.00 (each) Microfiche sets of the Illinois Register (1977 – 2003) Specify Year(s) _____________________________ $ 200.00 (per set) Cumulative/Sections Affected Indices (2010) Specify Year(s) _____________________________ $ 5.00 (per set) (Processing fee for credit cards purchases, if applicable.) TOTAL AMOUNT OF ORDER Check VISA $ 2.00 $ ______________ Make Checks Payable To: Secretary of State Master Card Discover (There is a $2.00 processing fee for credit card purchases.) Card #: ________________________________ Expiration Date: _______ Signature: ________________________________ Send Payment To: Name: Secretary of State Fax Order To: (217) 557-8919 Department of Index Administrative Code Division 111 E. Monroe Springfield, IL 62756 Attention: ID #: Address: City: Phone: State: Fax: E-Mail: Published by JESSE WHITE • Secretary of State www.cyberdriveillinois.com Zip Code:
© Copyright 2024