RULES ILLINOISOF GOVERNMENTAL REGISTER AGENCIES

Index Department Administrative Code Division 111 E. Monroe St. Springfield, IL 62756 217-782-7017 www.cyberdriveillinois.com

Printed on recycled paper

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE

TABLE OF CONTENTS

October 30, 2020 Volume 44, Issue 44

PROPOSED RULES NATURAL RESOURCES, DEPARTMENT OF Sport Fishing Regulations For the Waters of 17 Ill. Adm. Code 810...... 17038 POLLUTION CONTROL BOARD Definitions and General Provisions 35 Ill. Adm. Code 211...... 17146 Organic Material Emission Standards and Limitations for the Metro East Area 35 Ill. Adm. Code 219...... 17190 PUBLIC HEALTH, DEPARTMENT OF Compassionate Use of Medical Cannabis Pilot Program 77 Ill. Adm. Code 946...... 17323 TORTURE INQUIRY AND RELIEF COMMISSION Organization, Public Information, Procedures and Rulemaking 2 Ill. Adm. Code 3500...... 17392 ADOPTED RULES HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Child Support Services 89 Ill. Adm. Code 160...... 17400 REVENUE, DEPARTMENT OF Income Tax 86 Ill. Adm. Code 100...... 17414 SECRETARY OF STATE, OFFICE OF THE Certificate of Titles, Registration of Vehicles 92 Ill. Adm. Code 1010...... 17440 STATE BOARD OF INVESTMENT, ILLINOIS Rules and Regulations of the Board 74 Ill. Adm. Code 800...... 17452 EMERGENCY RULES HOUSING DEVELOPMENT AUTHORITY, ILLINOIS Emergency Mortgage Assistance (EMA) Program 47 Ill. Adm. Code 301...... 17458 Emergency Rental Assistance (ERA) Program 47 Ill. Adm. Code 379...... 17474 REQUEST FOR EXPEDITED CORRECTION STATE BOARD OF EDUCATION, ILLINOIS Registered Apprenticeship Program 23 Ill. Adm. Code 255...... 17491 SECOND NOTICES RECEIVED

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JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received…...... 17495 JOINT COMMITTEE ON ADMINISTRATIVE RULES REVIEW OF PROPOSED RULES STATEMENT OF RECOMMENDATIONS COMMUNITY COLLEGE BOARD, ILLINOIS Administration of the Illinois Public Community College Act 23 Ill. Adm. Code 1501...... 17496 HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Hospital Services 89 Ill. Adm. Code 148...... 17497 JOINT COMMITTEE ON ADMINISTRATIVE RULES REVIEW OF EMERGENCY RULES STATEMENT OF OBJECTION EDUCATIONAL LABOR RELATIONS BOARD, ILLINOIS General Procedures 80 Ill. Adm. Code 1100...... 17498 JOINT COMMITTEE ON ADMINISTRATIVE RULES REVIEW OF ADOPTED RULE STATEMENT OF OBJECTION TORTURE INQUIRY AND RELIEF COMMISSION Organization, Public Information, Procedures and Rulemaking 2 Ill. Adm. Code 3500...... 17499 OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER REVENUE, DEPARTMENT OF 2020 Third Quarter Income Tax Sunshine Index…………………………...17500 2020 Third Quarter Sales & Miscellaneous Tax Sunshine Index…………..17503 EXECUTIVE ORDERS AND PROCLAMATIONS EXECUTIVE ORDERS Executive Order 2020-59 (COVID-19 EXECUTIVE ORDER NO. 55) 2020-59………………...... 17507 PROCLAMATIONS Gubernatorial Disaster Proclamation 2020-63………………...... 17514

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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.

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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 2020

Issue# Rules Due Date Date of Issue 1 December 23, 2019 January 3, 2020 2 December 30, 2019 January 10, 2020 3 January 6, 2020 January 17, 2020 4 January 13, 2020 January 24, 2020 5 January 21, 2020 January 31, 2020 6 January 27, 2020 February 7, 2020 7 February 3, 2020 February 14, 2020 8 February 10, 2020 February 21, 2020 9 February 18, 2020 February 28, 2020 10 February 24, 2020 March 6, 2020 11 March 2, 2020 March 13, 2020 12 March 9, 2020 March 20, 2020 13 March 16, 2020 March 27, 2020 14 March 23, 2020 April 3, 2020 15 March 30, 2020 April 10, 2020 16 April 6, 2020 April 17, 2020 17 April 13, 2020 April 24, 2020 18 April 20, 2020 May 1, 2020 19 April 27, 2020 May 8, 2020 20 May 4, 2020 May 15, 2020 21 May 11, 2020 May 22, 2020 22 May 18, 2020 May 29, 2020 iii

23 May 26, 2020 June 5, 2020 24 June 1, 2020 June 12, 2020 25 June 8, 2020 June 19, 2020 26 June 15, 2020 June 26, 2020 27 June 22, 2020 July 6, 2020 28 June 29, 2020 July 10, 2020 29 July 6, 2020 July 17, 2020 30 July 13, 2020 July 24, 2020 31 July 20, 2020 July 31, 2020 32 July 27, 2020 August 7, 2020 33 August 3, 2020 August 14, 2020 34 August 10, 2020 August 21, 2020 35 August 17, 2020 August 28, 2020 36 August 24, 2020 September 4, 2020 37 August 31, 2020 September 11, 2020 38 September 8, 2020 September 18, 2020 39 September 14, 2020 September 25, 2020 40 September 21, 2020 October 2, 2020 41 September 28, 2020 October 9, 2020 42 October 5, 2020 October 16, 2020 43 October 13, 2020 October 23, 2020 44 October 19, 2020 October 30, 2020 45 October 26, 2020 November 6, 2020 46 November 2, 2020 November 13, 2020 47 November 9, 2020 November 20, 2020 48 November 16, 2020 November 30, 2020 49 November 23, 2020 December 4, 2020 50 November 30, 2020 December 11, 2020 51 December 7, 2020 December 18, 2020 52 December 14, 2020 December 28, 2020

iv ILLINOIS REGISTER 17038 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Sport Fishing Regulations For The Waters of Illinois

2) Code Citation: 17 Ill. Adm. Code 810

3) Section Numbers: Proposed Actions: 810.20 Amendment 810.37 Amendment 810.45 Amendment 810.70 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1-120, 1-125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10- 95, 15-50, 20-5, 20-35 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5].

5) A Complete Description of the Subjects and Issues Involved: This Part is being amended to update site-specific and statewide sporting regulations.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: Updates due to annual changes required for proper sport fishing management.

7) Will this proposed 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? No

10) Are there any other rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: This rulemaking does not affect units of local government.

12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking:

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Springfield IL 62702

ILLINOIS REGISTER 17039 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

217/557-6379

13) 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

14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: July 2020

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 17040 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 810 SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS

Section 810.5 Definitions 810.10 Sale of Fish and Fishing Seasons − Statewide 810.14 Wanton Waste – Fish, Reptiles, Amphibians, Mollusks and Crustaceans Abandonment 810.15 Statewide and Site Specific Bowfishing (Archery/Spear Methods) Regulations 810.20 Snagging 810.25 Trotlines 810.28 Mussels 810.30 Pole and Line Fishing Only (Repealed) 810.35 Statewide Sportfishing (Hook and Line and Other Non-Bowfishing or Non- Snagging Legal Methods Under a Sportfishing License) Regulations – Daily Harvest and Size Limits 810.37 Definitions for Site Specific Sportfishing Regulations 810.40 Daily Harvest and Size Limits (Repealed) 810.45 Site Specific Water Area Regulations 810.50 Bait Fishing 810.60 Bullfrogs (Repealed) 810.70 Free Fishing Days 810.80 Emergency Protective Procedures 810.90 Fishing Tournament Permit 810.100 Bed Protection

AUTHORITY: Implementing and authorized by Sections 1-120, 1-125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-95, 15-50, 20-5, 20-35 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 751, effective January 8, 1981; codified at 5 Ill. Reg. 10647; amended at 6 Ill. Reg. 342, effective December 23, 1981; amended at 6 Ill. Reg. 7411, effective June 11, 1982; amended at 7 Ill. Reg. 209, effective December 22, 1982; amended at 8 Ill. Reg. 1564, effective January 23, 1984; amended at 8 Ill. Reg. 16769, effective August 30, 1984; amended at 9 Ill. Reg. 2916, effective February 26, 1985; emergency amendment at 9 Ill. Reg.

ILLINOIS REGISTER 17041 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

3825, effective March 13, 1985, for a maximum of 150 days; emergency expired August 10, 1985; amended at 9 Ill. Reg. 6181, effective April 24, 1985; amended at 9 Ill. Reg. 14291, effective September 5, 1985; amended at 10 Ill. Reg. 4835, effective March 6, 1986; amended at 11 Ill. Reg. 4638, effective March 10, 1987; amended at 12 Ill. Reg. 5306, effective March 8, 1988; emergency amendment at 12 Ill. Reg. 6981, effective April 4, 1988, for a maximum of 150 days; emergency expired September 1, 1988; emergency amendment at 12 Ill. Reg. 10525, effective June 7, 1988, for a maximum of 150 days; emergency expired November 4, 1988; amended at 12 Ill. Reg. 15982, effective September 27, 1988; amended at 13 Ill. Reg. 8419, effective May 19, 1989; emergency amendment at 13 Ill. Reg. 12643, effective July 14, 1989, for a maximum of 150 days; emergency expired December 11, 1989; emergency amendment at 13 Ill. Reg. 14085, effective September 4, 1989, for a maximum of 150 days; emergency expired February 1, 1990; emergency amendment at 13 Ill. Reg. 15118, effective September 11, 1989, for a maximum of 150 days; emergency expired February 8, 1990; amended at 14 Ill. Reg. 6164, effective April 17, 1990; emergency amendment at 14 Ill. Reg. 6865, effective April 17, 1990, for a maximum of 150 days; emergency expired September 19, 1990; amended at 14 Ill. Reg. 8588, effective May 21, 1990; amended at 14 Ill. Reg. 16863, effective October 1, 1990; amended at 15 Ill. Reg. 4699, effective March 18, 1991; emergency amendment at 15 Ill. Reg. 5430, effective March 27, 1991, for a maximum of 150 days; emergency expired August 24, 1991; amended at 15 Ill. Reg. 9977, effective June 24, 1991; amended at 15 Ill. Reg. 13347, effective September 3, 1991; amended at 16 Ill. Reg. 5267, effective March 20, 1992; emergency amendment at 16 Ill. Reg. 6016, effective March 25, 1992, for a maximum of 150 days; emergency expired August 22, 1992; amended at 16 Ill. Reg. 12526, effective July 28, 1992; amended at 17 Ill. Reg. 3853, effective March 15, 1993; emergency amendment at 17 Ill. Reg. 5915, effective March 25, 1993, for a maximum of 150 days; emergency expired August 22, 1993; amended at 17 Ill. Reg. 10806, effective July 1, 1993; amended at 18 Ill. Reg. 3277, effective February 28, 1994; emergency amendment at 18 Ill. Reg. 5667, effective March 25, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 12652, effective August 9, 1994; amended at 19 Ill. Reg. 2396, effective February 17, 1995; emergency amendment at 19 Ill. Reg. 5262, effective April 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 10614, effective July 1, 1995; amended at 20 Ill. Reg. 4640, effective March 6, 1996; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 21 Ill. Reg. 9389; amended at 21 Ill. Reg. 4709, effective April 1, 1997; emergency amendment at 21 Ill. Reg. 5590, effective April 15, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 12140, effective August 26, 1997; amended at 22 Ill. Reg. 4930, effective March 2, 1998; amended at 23 Ill. Reg. 3434, effective March 8, 1999; emergency amendment at 23 Ill. Reg. 7317, effective June 10, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 8406, effective July 7, 1999; amended at 24 Ill. Reg. 3736, effective February 25, 2000; amended at 25 Ill. Reg. 6296, effective March 26, 2001; emergency amendment at 25 Ill. Reg. 7947, effective June 16, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 9912, effective

ILLINOIS REGISTER 17042 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

August 1, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 11386, effective August 14, 2001; emergency amendment at 25 Ill. Reg. 12122, effective September 15, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1210, effective January 16, 2002; amended at 26 Ill. Reg. 4294, effective March 6, 2002; amended at 27 Ill. Reg. 3376, effective February 14, 2003; amended at 28 Ill. Reg. 4607, effective March 1, 2004; amended at 29 Ill. Reg. 3955, effective February 24, 2005; amended at 30 Ill. Reg. 4810, effective March 1, 2006; amended at 31 Ill. Reg. 3480, effective February 16, 2007; emergency amendment at 31 Ill. Reg. 8265, effective May 25, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 14432, effective October 5, 2007; amended at 32 Ill. Reg. 3302, effective February 25, 2008; amended at 33 Ill. Reg. 5275, effective March 25, 2009; amended at 34 Ill. Reg. 6391, effective April 20, 2010; amended at 35 Ill. Reg. 4011, effective February 22, 2011; amended at 36 Ill. Reg. 5461, effective March 22, 2012; amended at 37 Ill. Reg. 6658, effective May 1, 2013; amended at 37 Ill. Reg. 16426, effective October 3, 2013; emergency amendment at 38 Ill. Reg. 13022, effective June 9, 2014, for a maximum of 150 days; emergency expired November 5, 2014; amended at 39 Ill. Reg. 6517, effective April 27, 2015; amended at 40 Ill. Reg. 6000, effective March 25, 2016; amended at 41 Ill. Reg. 4006, effective March 24, 2017; amended at 42 Ill. Reg. 7773, effective April 20, 2018; amended at 43 Ill. Reg. 3399, effective February 27, 2019; amended at 44 Ill. Reg. 3916, effective February 26, 2020; amended at 45 Ill. Reg. ______, effective ______.

Section 810.20 Snagging

a) Sport fishermen are permitted only one pole and line device to which can be attached no more than two hooks. On the between Illinois and Iowa, the maximum treble hook size is 5/0; gaffs may not be used to land paddlefish.

b) Species of Fish and Snagging Catch Limit.

1) Only the following species of fish and harvest limit may be taken by snagging:

Asian Carp (no live possession) – no harvest limit

Carp − no harvest limit

Buffalo − no harvest limit

Freshwater Drum − no harvest limit

ILLINOIS REGISTER 17043 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Salmon (coho and chinook only) − 5 fish in the aggregate daily harvest limit

Paddlefish − 2 per day; the maximum length limit for paddlefish taken from the Mississippi River between Illinois and Iowa is 33" eye-fork length (EFL) (all paddlefish greater than or equal to 33" EFL must be immediately released back to the Mississippi River); the minimum length limit for paddlefish taken from the Mississippi River between Illinois and Missouri is 24-inch EFL (all paddlefish less than or equal to 24-inch EFL must be immediately released back to the Mississippi River)

Bowfin − no harvest limit

Gizzard shad − no harvest limit

Carpsuckers − no harvest limit

Longnose gar − no harvest limit

Shortnose gar − no harvest limit

Suckers − no harvest limit

2) No sorting (i.e., catching more fish than is allowed and putting back some in order to keep larger ones) of snagged salmon and paddlefish is permitted, except for paddlefish taken from the Mississippi River between Illinois and Missouri where sorting is permitted. Every paddlefish snagged must be included in the daily harvest limit. Every salmon 10 inches in total length or longer snagged must be taken into immediate possession and included in the daily harvest limit. Once the daily limit of salmon or paddlefish has been reached, snagging must cease. c) Waters Open to Snagging and Snagging Season.

1) Snagging for fish is permitted from September 15 through December 15 and from March 15 through May 15 within a 300 yard downstream limit below all locks and dams of the , except for the area below the Peoria Lock and Dam where snagging is permitted year round.

ILLINOIS REGISTER 17044 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

2) Snagging for fish is permitted from September 15 through December 15 and from March 15 through May 15 within a 300 yard downstream limit below all locks and dams of the Mississippi River between Illinois and Missouri, except for the Chain of Rocks low water dam at Chouteau Island − Madison County, also known as Dam 27 at the Chain of Rocks − Madison County where no snagging is permitted. Snagging is permitted from ½ hour before sunrise to ½ hour after sunset daily, March 1 through April 15 within a 500 yard downstream limit below locks and dams on the Mississippi River between Illinois and Iowa.

3) Snagging for fish is permitted year-round within a 100 yard limit upstream or downstream of the dam at Horseshoe Lake in Alexander County.

4) Snagging for chinook and coho salmon only is permitted from the following shoreline areas from October 1 through December 31; however, no snagging is allowed at any time within 200 feet of a moored watercraft or as posted:

A) Lincoln Park Lagoon from the Fullerton Avenue Bridge to the southern end of the Lagoon.

B) Waukegan Harbor (in North Harbor basin only).

C) Winnetka Power Plant discharge area.

D) Jackson Harbor (Inner and Outer Harbors).

d) Disposition of Snagged Salmon and Paddlefish. All snagged salmon and paddlefish must be removed from the area from which they are taken and disposed of properly, in accordance with Article 5, Section 5-5 of the Fish and Aquatic Life Code.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 810.37 Definitions for Site Specific Sportfishing Regulations

a) Site Specific Regulations are listed by water area affected. The coverage of the regulation is dictated by the extent of the water area listed and not by the county.

ILLINOIS REGISTER 17045 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

In some cases, regulations for a given water area or site may extend beyond the counties listed. The counties listed refer to the location of the dam or outfall for impoundments or mouths of small streams. Since large rivers or streams usually flow through many counties, the term "Multiple" is used rather than listing all counties where the large stream or river flows. b) The following subsections are referred to by number in Section 810.45. Each water area listed in Section 810.45 has numbers in parentheses that explain all of the restrictions or special provisions in this Section that apply to that water area.

1) Sport fishermen must not use more than 2 poles and each pole must not have more than 2 hooks or lures attached (Alabama rigs not allowed) while fishing, except that legal size cast nets (in accordance with Section 810.50(a)(1)), shad scoops, and minnow seines may be used to obtain shad, minnows and crayfish to use as bait, provided that they are not sold, and except that bullfrogs may be taken by hand, gig, pitchfork, spear, landing net and hook and line during bullfrog season.

2) All jugs set in a body of water shall be under the immediate supervision of the fisherman. Immediate supervision shall be defined as the fisherman being on the water where the jugs are set and readily available to identify jugs to law enforcement officers.

3) All largemouth and smallmouth bass taken must be less than 12" in total length or greater than or equal to 15" in total length.

4) Sport fishermen shall be allowed to use trotlines, jugs, and by hand, except that sport fishermen may not submerge any pole or similar object to take or locate any fish and the use and aid of underwater breathing devices is prohibited. West of Wolf Creek Road, fishing from boats is permitted all year. Trotlines/jugs must be removed from sunrise until sunset from Memorial Day through Labor Day. East of Wolf Creek Road, fishing from boats is permitted from March 15 through September 30. Fishing from the bank is permitted all year only at the Wolf Creek and Route 148 causeways. On the entire lake, jugs and trotlines must be checked daily and must be removed on the last day they are used. It is illegal to use stakes to anchor any trotlines; they must be anchored only with portable weights and must be removed on the last day they are used. The taking of carp, carpsuckers, shad, drum, buffalo, gar, bowfin and suckers with spear,

ILLINOIS REGISTER 17046 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

gig, bow and arrow or archery device is permissible.

5) Sport fishermen may take carp, carpsuckers, buffalo, gar, bowfin and suckers by pitchfork, gigs, bow and arrow or bow and arrow devices.

6) Sport fishing is allowed in the Fox River south of the Illinois-Wisconsin line to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge.

7) Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears during May and June.

8) Daily harvest limit includes striped bass, white bass, yellow bass and hybrid striped bass either singly or in the aggregate.

9) Catch and Release Fishing Only means that fish (all or identified species) caught must be immediately released alive and in good condition back into the water from which they came.

10) It shall be illegal to possess trout during the period of October 1 to 5 a.m. on the third Saturday in October (both dates inclusive) that were caught during that period.

11) It shall be illegal to possess trout during the period of March 15 to 5 a.m. on the 1st Saturday in April (both dates inclusive) that were caught during that period.

12) Daily harvest limit for largemouth or smallmouth bass, either singly or in the aggregate, shall not exceed 6 fish, no more than one of which shall be greater than or equal to 15" in total length. Fish greater than or equal to 12" and less than 15" in total length are protected and may not be harvested.

13) Jug fishing is permitted from the hours of sunset to sunrise and carp and buffalo may be taken by bow and arrow devices from May 1 through September 30. All jugs must have owner's/user's name and complete address affixed.

14) Daily harvest limit includes all fish species (either singly or in the

ILLINOIS REGISTER 17047 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

aggregate) caught within each of the following fish groupings.

A) Largemouth or smallmouth bass

B) Walleye, sauger, or their hybrid

C) , redear, pumpkinseed or hybrid sunfish

D) Channel or blue catfish

15) Daily harvest limit includes white, black or hybrid crappie either singly or in the aggregate.

16) Daily harvest limit includes striped bass, white bass and hybrid striped bass either singly or in the aggregate.

17) Daily harvest limit shall not exceed 10 fish, no more than 3 of which may be greater than or equal to 17" total in length.

18) Clinton Lake − Sport fishermen shall be allowed to use trotlines, jugs and bank poles in the portions of the lake that lie north of the Route 54 Railroad Bridge and northeast of the Route 48 Bridge. Sport fishermen may take carp, carpsuckers and buffalo by bow and arrow, bow and arrow devices, gigs and spears on the entire lake, but not within 150 feet of any boat ramp, dock, beach or other developed recreation areas. All jugs and trotlines set in a body of water shall be under the immediate supervision of the angler.

19) It shall be unlawful to enter upon a designated duck hunting area between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season and Canada goose season as posted at the site, or to fish on such areas during the regular duck season except in areas posted as open to fishing. It shall be unlawful to enter upon areas designated as waterfowl rest areas or refuges from two weeks prior to the start of the regular duck season through the end of duck and Canada goose season.

20) Carlyle Lake (including its tributary streams and those portions of the Kaskaskia River and Hurricane Creek up to the U.S. Army Corps of

ILLINOIS REGISTER 17048 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Engineers Carlyle Lake Project boundaries), U.S. Army Corps of Engineers, Bond, Clinton and Fayette Counties. Does not include the tailwaters. Sport fishermen may not use a minnow seine, cast net or shad scoop for bait collecting between U.S. Route 50 and the Carlyle Lake dam and spillway.

21) Lake Shelbyville (including its tributary streams and those portions of the West Okaw and Kaskaskia Rivers to the extent of theup to Lake Shelbyville Project boundaries – including parts of the Lake Shelbyville State Fish and Wildlife Management Area, except ponds), U.S. Army Corps of Engineers, Shelby and Moultrie Counties. Does not include the tailwater except for the 48" total length and live bait rig requirement for muskellunge (see subsections (b)(40) and (43)).

22) Rend Lake (including its tributary streams and those portions of the Big Muddy and Casey Fork Rivers up to the Rend Lake Project boundaries), Rend Lake Project Ponds, U.S. Army Corps of Engineers, Franklin and Jefferson Counties. Does not include tailwaters. Sport fishermen may not use a minnow seine, cast net, or shad scoop for bait collecting within 1,000 yards downstream of the Rend Lake Dam and Spillway.

23) Daily harvest limit for black, white or hybrid crappies, singly or in the aggregate, shall not exceed 20 fish, no more than 10 of which may be less than 10" in total length and no more than 10 of which may be greater than or equal to 10" in total length.

24) 15" minimum length limit for walleye with no possession of walleye greater than or equal to 20" and less than 27" in total length − protected slot limit.

25) Daily harvest limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 3 fish, no more than one of which may be greater than or equal to 15" in total length and no more than 2 of which may be less than 15" in total length.

26) Lake Vermilion – Trotline and jug fishing allowed north of Boiling Springs Road.

27) Bank fishing is prohibited. Boat fishing is permitted May 1 through

ILLINOIS REGISTER 17049 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

August 31 during the hours of 2:00 p.m. to 8:00 p.m. See site for additional regulations and exact opening and closing dates.

28) Trotlines may be set within 300 feet from shore.

29) Carp, buffalo, suckers and carpsuckers may be taken by means of pitchfork and gigs (no bow and arrow devices).

30) Fishing is permitted from March 15 through September 30, both dates inclusive, from sunrise to sunset. Fishing during all other times of the year is illegal and not permitted.

31) Daily harvest limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 3 fish per day, no more than one of which may be greater than or equal to 15" in total length and no more than 2 of which may be less than 12" in total length.

32) Daily harvest limit of striped bass, white bass, yellow bass and hybrid striped bass, singly or in the aggregate, shall not exceed 4 fish per day that must be greater than or equal to 15" in length.

33) It shall be unlawful to trespass upon a designated waterfowl hunting area during the 7 days prior to the regular duck season, or to fish on such areas during the regular duck and Canada goose season except in areas posted as open to fishing. It shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of the regular duck season through the end of duck and Canada goose season.

34) Sport fishermen may harvest carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears from May 1 through August 31.

35) 14" minimum length limit for walleye, sauger or hybrid walleye, either singly or in the aggregate, with no possession of fish greater than or equal to 18" and less than 24" in total length. There is a 4 fish daily harvest limit of which only one can be greater than or equal to 24" in total length.

36) Sport fishermen may not use a minnow seine, minnow trap, cast net or shad scoop for bait collecting in the following water areas:

ILLINOIS REGISTER 17050 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Charleston Lower Channel Lake tailwaters from that portion of the Embarras River from the Charleston Lower Channel Lake Dam downstream to the Route 130 Bridge.

Clinton Lake tailwaters from that portion of Salt Creek from the Clinton Dam downstream to the Route 10 Bridge

Cook County Forest Preserve District Waters (except in the Des Plaines River)

Lake Decatur tailwaters from that portion of the Sangamon River from the Lake Decatur Dam downstream to the Route 48 Bridge.

37) Daily harvest limit for smallmouth bass shall not exceed 3 fish, no more than one of which may be greater than or equal to 18" in total length and 2 may be less than 12" in total length.

38) Daily harvest limit for largemouth and smallmouth bass, either singly or in the aggregate, shall not exceed 6 fish per day, no more than one of which may be greater than or equal to 18" in total length and 5 may be less than 14".

39) Powerton Lake shall be closed to boat traffic, except for legal waterfowl hunters, from one week prior to regular waterfowl season to February 15, and closed to all unauthorized entry during the regular goose and duck season.

40) The 48 inch total length limit on pure muskellunge applies to that body of water listed as well as any tailwaters as defined below:

Evergreen Lake (McLean County) – including the portion of Six Mile Creek below the Evergreen Lake Dam downstream to its confluence with the Mackinaw River.

Fox Chain O' Lakes (Lake/McHenry Counties) – including the Fox River south of the Wisconsin-Illinois boundary to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge.

ILLINOIS REGISTER 17051 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Kinkaid Lake (Jackson County) – including the portion of Kinkaid Creek below the Kinkaid Lake Dam downstream to the Route 149 Bridge.

Lake Shelbyville (Moultrie/Shelby Counties) – including the portion of the Kaskaskia River below the Lake Shelbyville Dam downstream to the State Route 128 Road Bridge near Cowden.

Otter Lake (Macoupin County) – including the portion of Otter Creek below Otter Lake Dam downstream to its confluence with East Otter Creek.

Pierce Lake (Winnebago County) – including the portion of Willow Creek below the Pierce Lake Dam downstream to Forest Hills Road.

41) It shall be unlawful to enter upon areas designated as waterfowl hunting areas during the 10 days prior to the start of the regular duck season, or to fish on such areas during the regular duck season except in areas posted as open to fishing. It shall be unlawful to enter upon areas designated as waterfowl rest areas or refuges from 10 days prior to the start of the regular duck season through the end of duck and Canada goose season.

42) During duck season, walk-in only access for fishing from the bank is permitted after 1:00 p.m.

43) When using live bait, all live bait in excess of 8" in total length shall be rigged with a quick set rig. The hook shall be immediately set upon the strike. A quick set rig is defined as follows: a live bait rig with up to 2 treble hooks attached anywhere on the live bait; single hooks are prohibited. This subsection (b)(43) does not apply to trotlines, jug lines, etc., if allowed on the lake.

44) Sport fishermen may take carp from boat by bow and arrow and bow and arrow devices, but not within 150 feet of any developed recreation areas.

45) Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow devices, gigs or spears (except during waterfowl season) but not within 200 yards of any developed recreational areas.

ILLINOIS REGISTER 17052 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

46) Daily harvest limit for largemouth and smallmouth bass, either singly or in the aggregate, shall not exceed 3 fish, no more than 1 of which may be greater than or equal to 18" in total length and 2 may be less than 12" in total length.

47) 14" minimum length limit for walleye, sauger or hybrid walleye, either singly or in the aggregate, with no possession of fish greater than or equal to 18" or less than 26" in total length. There is a 3 fish daily harvest limit of which only 1 fish can be greater than or equal to 26" in total length.

48) Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears, except when closed under site regulations (17 Ill. Adm. Code 110) and posted on site.

49) Length limit regulation exemptions for fishing tournaments may be allowed for any fish species found in water body.

50) Daily harvest limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 3 fish daily, no more than one of which may be greater than or equal to 18" in total length and no more than 2 of which may be less than 14" in total length.

51) Lake Decatur, (including all boundaries within the City of Decatur) from the dam to the Sangamon River at Macon County Highway 25 (North Oakley Road) and the area west of Baltimore Ave. Does not include the tailwater.

52) Daily harvest for muskellunge shall not exceed 1 fish greater than or equal to 36", but less than 42", or 1 fish greater than or equal to 48" in total length.

53) The daily harvest limit for yellow perch shall not exceed 15 fish in the combined waters of Lake Michigan, Calumet River, and River including its North Branch, South Branch and the North Shore Canal.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 810.45 Site Specific Water Area Regulations

ILLINOIS REGISTER 17053 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Fishing regulations, including species of fish, fishing methods and Daily Harvest Limits are listed for each water area. The numbers in parenthesis refer to the corresponding numbered definitions in Section 810.37. If a water area is not listed or if a specific species is not listed, then statewide restrictions apply. Check the bulletin boards and regulation signs at the specific site for any emergency changes to regulations.

Altamont Reservoir, City of Altamont Effingham County Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Anderson Lake State Fish and Wildlife Area (33) Fulton County Largemouth Bass ● 6 Fish Daily Harvest Limit ● 12 Minimum Length Limit

Andover Lake, City of Andover Henry County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Anna City Lake, City of Anna Union County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Apple River (within Apple River Canyon State Park and Satellite Boundaries), State of Illinois Jo Daviess County All Fish ● 2 Pole and Line Fishing Only (1) Smallmouth Bass ● Catch and Release Fishing Only (9) Trout ● Spring Closed Season (11). No harvest with Hook and Line Fishing. Catch and Release Fishing permitted. (9)

ILLINOIS REGISTER 17054 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● Fall Closed Season (10). No harvest with Hook and Line Fishing.; Catch and Release Fishing permitted. (9)

Argyle Lake, McDonough County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Hybrid Walleye ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18" ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit Trout ● Fall Closed Season (10) White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish greater than or equal to 10"

Arrowhead Heights Lake, Village of Camp Point Adams County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Arrowhead Lake, City of Johnston City Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit With 1 Fish ≥ 15" and/or 2 Fish < 12" Daily Harvest (31) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Ashland City Old Reservoir, City of Ashland Morgan County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17055 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Ashland City Reservoir, City of Ashland Morgan County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit

Auburn Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Axehead Lake, Cook County Forest Preserve Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Bakers Lake, City of Peru LaSalle County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Baldwin Lake, Baldwin Lake Conservation Area Randolph County All Fish ● 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit ● 9" Minimum Length Limit

Banana Lake, Lake County Forest Preserve District

ILLINOIS REGISTER 17056 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Banner Marsh Lake & Ponds, Banner Marsh State Fish and Wildlife Area (33) Peoria/Fulton Counties Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (34) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit ● Protected Slot Length Limit of 12-18" Pure Muskellunge ● 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Batchtown State Wildlife Management Area (19) Calhoun County

Baumann Park Lake, City of Cherry Valley Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Beall Woods Lake, Beall Woods Conservation Area Wabash County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)

ILLINOIS REGISTER 17057 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Beaver Dam Lake, Beaver Dam State Park Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 9" Minimum Length Limit

Beck Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed Sunfish ● 15 Fish Daily Harvest Limit (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Belk Park Pond, City of Wood River Madison County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Belleau Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed Sunfish ● 15 Fish Daily Harvest Limit (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

ILLINOIS REGISTER 17058 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Belvidere Ponds, City of Belvidere Boone County Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 14" Minimum Length Limit

Bevier Lagoon, Waukegan Park District Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Bird Park Quarry, City of Kankakee Kankakee County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Blandinsville North and South Ponds, Village of Blandinsville McDonough County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 15" and/or 2 Fish ˂ 12" (31) ● 3 Fish Daily Harvest Limit

Bloomington Park District Lakes (Anglers Lake, Holiday Lake, Miller Park Lake, Tipton Lake and White Oaks Lake), City of Bloomington McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Blue Pond, Boone County Conservation District Boone County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

ILLINOIS REGISTER 17059 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Borah Lake, City of Olney Richland County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Boston Pond, Stephen A. Forbes State Park Marion County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Bowen Lake, City of Washington Tazewell County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with no possession of Fish < 15" or ≥ 12" (3) ● 3 Fish Daily Harvest Limit

Boyd-Wesley Park Pond, Village of Towanda McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit

Braidwood Lake, Braidwood State Fish and Wildlife Area (41) Will County Recreational Use Restrictions ● Braidwood Lake is closed to all fishing and boat traffic, except for legal waterfowl hunters, from 10 days prior to duck season through the day before duck season and is closed to all fishing during waterfowl season commencing with regular duck season through the close of the Canada goose and regular duck season All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 17060 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White or Hybrid Striped Bass ● 10 Fish Daily Harvest with no more than 3 (16) Fish > 17" (17)

Breese JC's Park Pond, City of Breese Clinton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Brock Lake, City of Mackinaw Tazewell County Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ to 15" and 2 Fish under 12" ● 3 Fish Daily Harvest Limit

Buckner City Reservoir, City of Buckner Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Buffalo State Pheasant Habitat Area Lakes and Ponds (Buffalo Lake South, Buffalo Lake North, Buffalo Pond Northwest, Buffalo Wetland) State of Illinois Knox County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18" ● 3 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Walleye, Sauger or Hybrid Walleye (14) ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 1 Fish ≥ 36" but < 42", or 1 Fish ≥ 48" in Total Length (52) White, Black or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10" Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17061 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Bullfrog Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Large or Smallmouth Bass ● 14" Minimum Length Limit Bluegill, Redear, or Pumpkinseed Sunfish ● 15 Fish Daily Harvest Limit (14) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Bunker Hill Lake, City of Bunker Hill Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Burning Star State Fish and Wildlife Area – All lakes and ponds Jackson County Recreation Use Restrictions ● Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting from November 1 through the last day in February) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and 5 Fish < 14" (38) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Burrells Wood Park Pond White County Channel Catfish ● 6 Fish Daily Harvest Limit

Busse Lake (including Busse Lake Spillway and Salt Creek downstream to Arlington Heights Road), Cook County Forest Preserve Cook County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed Sunfish ● 15 Fish Daily Harvest Limit (14)

ILLINOIS REGISTER 17062 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit

Cache River State Natural Area Pulaski/Johnson Counties Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area; no fishing in Nature Preserves – Section 8 Woods, Heron Pond/Little Black Slough All Fish ● 2 Pole and Line Fishing Only (1) (5) ● No Seines

Calhoun Point State Wildlife Management Area (19) Calhoun County

Calumet River Cook County Yellow Perch ● 15 Fish Daily Harvest Limit ● Closed May 1 through June 15

Campbell Pond State Wildlife Management Area (19) Jackson County

Campus Lake – Southern Illinois University, State of Illinois Jackson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Campus Pond – Eastern Illinois University, State of Illinois Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Canton Lake, City of Canton

ILLINOIS REGISTER 17063 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Fulton County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel or Blue Catfish (14) ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit

Carbondale City Reservoir, City of Carbondale Jackson County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Carlinville Lake #1, City of Carlinville Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Carlinville Lake #2, City of Carlinville Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Carlton Silt Basin, State of Illinois Whiteside County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass ● Catch and Release Fishing Only (9)

Carlyle Lake, U.S. Army Corps of Engineers (20) (33) Clinton/Bond/Fayette Counties Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit ● 10" Minimum Length Limit

Carthage Lake, City of Carthage

ILLINOIS REGISTER 17064 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Hancock County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Casey Park Pond, City of Casey Clark County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit of which only 5 Fish ≥ 8" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Cedar Lake and Little Cedar Lake, U.S. Forest Service and City of Carbondale Jackson County All Fish ● 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and 5 Fish < 14" (38) ● 6 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Centennial Park Pond, Coloma Township Park District Whiteside County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Centralia Foundation Park Catfish Pond, Centralia Park Foundation Marion County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Centralia Lake, City of Centralia Marion County Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

ILLINOIS REGISTER 17065 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Cermack Quarry, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

Champaign Park District Lakes (Kaufman Lake, Heritage Lake, Porter Lake and Mattis Lake), Champaign Park District Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout (Kaufman Lake) ● Fall Closed Season (10) ● Spring Closed Season (11)

Charleston Lower Channel Lake, City of Charleston Coles County All Fish ● 2 Pole and Line Fishing Only (1) (5) (36)

Charleston Side Channel Lake, City of Charleston Coles County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit for Fish < 10"; 10 Fish Daily Harvest Limit for Fish ≥ 10" (23)

Charlie Brown Lake & Pond, City of Flora Clay County

ILLINOIS REGISTER 17066 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Charter Oak North – Peoria Park District Lake, Peoria Park District Peoria County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Charter Oak South – Peoria Park District Pond, Peoria Park District Peoria County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Chautauqua Lake North and South Pools, U.S. Fish and Wildlife Service Mason County Recreational Use Restrictions ● Lake Chautauqua North and South Pools will be closed to boat fishing from

October 6 through January 31 ● Bank fishing will be allowed in selected areas only ● Ice fishing will be allowed following the February 1 reopening Largemouth Bass ● 12" Minimum Length Limit

Chenoa City Lake, City of Chenoa McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Chicago River (including its North Branch, South Branch, and the ) Cook County Yellow Perch ● 15 Fish Daily Harvest Limit ● Closed May 1 through June 15

ILLINOIS REGISTER 17067 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Chillicothe Park District Trails Edge Ponds, City of Chillicothe Peoria County

All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Christopher Old City Lake, City of Christopher Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Citizen's Lake, City of Monmouth Warren County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Limit with 1 Fish ≥ 15" and/or 5 Fish < 12" ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)

Clear Lake, Kickapoo State Park Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Clinton Lake, Clinton Lake State Recreation Area DeWitt County

ILLINOIS REGISTER 17068 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) (2) (18) (36) Blue or Channel Catfish ● 10 Fish Daily Harvest Limit, singly or in the aggregate Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest Limit, with no more (16) than 3 Fish ≥ 17" (17) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit ● 9" Minimum Length Limit Walleye ● 3 Fish Daily Harvest Limit ● 18" Minimum Length Limit

Coal Miner's Park Pond, City of Spring Valley Bureau County Large or Smallmouth Bass ● 15" Minimum Length Limit

Coffeen Lake, Coffeen Lake State Fish and Wildlife Area Montgomery County Channel Catfish ● All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie ● 10" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit

Coffeen Upland Management Pond, Coffeen Lake State Fish and Wildlife Area Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 1 Fish Daily Harvest Limit ● 18" Minimum Length Limit

Coles County Airport Lake, Coles County Airport Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17069 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Large or Smallmouth Bass ● Protected Slot Length Limit with only 1 Fish ≥ 18" and 2 Fish < 14" ● 3 Fish Daily Harvest Limit (50)

Columbus Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Commissioners Park Pond, Alsip Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Conservation World Ponds, Illinois State Fairgrounds Sangamon County Fishing by special permit only for senior groups, children's groups or group guests of the Director. Apply for permit by writing to: Department of Natural Resources, Division of Fisheries, One Natural Resources Way, Springfield IL 62702

Cook Co. Forest Preserve District Lakes, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Coulterville City Lake, City of Coulterville Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit

Crab Orchard – Crab Orchard Lake, U.S. Fish and Wildlife Service Williamson County

ILLINOIS REGISTER 17070 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) (4) Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Devil's Kitchen Lake, U.S. Fish and Wildlife Service Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 25 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Little Grassy Lake, U.S. Fish and Wildlife Service Williamson County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass(14) ● Protected Slot Length Limit of 12-15" (3) ● 6 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Visitors Pond Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge − Restricted Use Area Ponds (30), except Visitor Pond, and Crab Orchard National Wildlife Refuge − All Other Ponds, U.S. Fish and Wildlife Service Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Crawford County State Fish and Wildlife Area – Picnic Pond, Crawford County Conservation Area Crawford County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17071 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Fall Closed Season (10)

Crawford County State Fish and Wildlife Area Ponds, Crawford County Conservation Area Crawford County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Crull Impoundment State Wildlife Management Area (33) Jersey County

Crystal Lake, Urbana Park District Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit

Cypress Creek National Wildlife Refuge − All Ponds, U.S. Fish and Wildlife Service Johnson/Pulaski/Union Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Cypress Creek National Wildlife Refuge − Cache River Fish and Wildlife Service Johnson/Pulaski Counties All Fish ● 2 Pole and Line Fishing Only (1) ● No Seines

Dawson Lake & Park Ponds, Moraine View State Park McLean County All Fish ● 2 Pole and Line Fishing Only (1) (44) Bluegill or Redear Sunfish (14) ● 20 Fish, singly or in the aggregate, Daily Harvest Limit with no more than 5 Fish ≥

8" Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17072 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye ● 3 Fish Daily Harvest Limit ● 15" Minimum Length Limit with no more than 1 Fish ≥ 20" White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Decatur Park District Pond Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit (except for Fairview Park – Dreamland Pond, which

has a 3 Fish Daily Harvest Limit) Large or Smallmouth Bass ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Defiance Lake, McHenry County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Des Plaines River Basin (former Hoffman Dam site to 47th Street Bridge, including tributaries) Cook County Channel Catfish ● 15" Minimum Length Limit ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Catch and Release Only (9) Northern Pike ● 30" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Diamond Lake, City of Mundelein Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit

ILLINOIS REGISTER 17073 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 3 Fish Daily Harvest Limit

Dieterich Park Pond, City of Dieterich Effingham County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Dolan Lake, Hamilton County Conservation Area Hamilton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with only 10 Fish ≥ 10"

Dongola City Lake, City of Dongola Union County Largemouth Bass ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Donnelley State Wildlife Area (33) Bureau County

Double "T" State Fish and Wildlife Area, State of Illinois Fulton County Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting is prohibited from October 1 through the end of the central zone Canada goose season) ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel or Blue Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 21" Minimum Length Limit

ILLINOIS REGISTER 17074 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 1 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit ● 25 Fish Daily Harvest Limit

Douglas Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

DuPage County Forest Preserve District Lakes and Ponds, Forest Preserve District of DuPage County DuPage County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit ● 12" Minimum Length Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and 3 Fish < 14" ● 4 Fish Daily Harvest Limit Muskellunge ● 48" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Yellow Perch ● 9" Minimum Length Limit ● 5 Fish Daily Harvest Limit

DuPage River – West Branch (between the former dam sites located in the McDowell Grove Forest Preserve and the Warrenville Grove Forest Preserve) DuPage County Large or Smallmouth Bass ● Catch and Release Fishing Only (9)

DuQuoin City Lake, City of DuQuoin Perry County Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14"-18" Protected Slot Length Limit with only 1 Fish ≥ 18" and 5 Fish < 14" (38) White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

ILLINOIS REGISTER 17075 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

DuQuoin State Fairgrounds – All Lakes and Ponds, State of Illinois Perry County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 3 Fish Daily Harvest Limit ● 15" Minimum Length Limit

East Fork Lake, City of Olney Richland County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Ed Madigan State Park Pond Logan County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 18" Minimum Length Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit

Eldon Hazlet State Park (See Also Carlyle Lake) Clinton County

Elliott Lake, Wheaton Park District DuPage County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit

Embarras River Bottoms State Habitat Area Lawrence County All Fish ● 2 Pole and Line Fishing Only (1) (5)

Emiquon Preserve − Thompson Lake

ILLINOIS REGISTER 17076 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Fulton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Black, White, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 25 Fish Daily Harvest Limit Bluegill, Redear, Pumpkinseed Seed, ● 25 Fish Daily Harvest Limit Green, or Orange spotted Sunfish and

Hybrid Sunfish (14) Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye (14) ● 14" Minimum Length Limit ● 6 Fish Daily Harvest Limit

Evergreen Lake, City of Bloomington McLean County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit (40) Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit with no more than 5 Fish ≥ 10"

Fairgrounds Pond – State Park, State of Illinois Massac County Largemouth and Smallmouth Bass ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Fairview Park – Dreamland Pond, Decatur Park District Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Largemouth and Smallmouth Bass ● 14" Minimum Length Limit

ILLINOIS REGISTER 17077 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 1 Fish Daily Harvest Limit

Ferne Clyffe Lake, Johnson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Flatfoot Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Fletcher Park Pond, City of Mt. Zion Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Foli Park Pond, Village of Plano Kendall County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Forbes State Lake, Stephen A. Forbes State Park (including Forbes State Lake tailwaters and that portion of Lost Fork Creek within Stephen A. Forbes State Park) Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Recreation Use Restrictions ● Waterfowl Refuge or Hunting Area (33)

ILLINOIS REGISTER 17078 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 6 Fish Daily Harvest Limit White, Black or Hybrid Crappie ● No Harvest Limit with no more than 10

Fish ≥ 8" Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit

Forbes State Park Ponds, Stephen A. Forbes State Park Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit

Forest Park Lagoon, City of Shelbyville Shelby County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Forest Preserve District of Kane County Lakes and Ponds Kane County Largemouth Bass ● 14-18" Protected Slot Length Limit with 3 fish < 14" and 1 fish > 18" Harvest Limit ● 4 Fish Daily Harvest Limit White, Black or Hybrid Crappie (14) ● 10 Fish Daily Harvest Limit Bluegill ● 10 Fish Daily Harvest Limit Smallmouth Bass ● Catch and Release Fishing Only Northern Pike ● 24" Minimum Length Limit ● 1 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit

Four Lakes, Winnebago County Forest Preserve Winnebago County All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 17079 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)

Fox Chain O'Lakes (including the Fox River south of the Wisconsin-Illinois boundary to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge) (6) (Applies to Grass Lake and Nippersink Lake State Managed Blind Areas Only), State of Illinois Lake and McHenry Counties Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) on State Park property bordering the Fox River and

Grass Lake Flathead Catfish ● 1 Fish ≥ 28" and/or 2 Fish ≤ 28" per day ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit (6) ● 6 Fish Daily Harvest Limit of which no more than 3 can be Smallmouth Bass Pure Muskellunge ● 48" Minimum Length Limit (40) Smallmouth Bass ● All Fish must be immediately released between April 1 and June 15 Walleye, Sauger, or Hybrid Walleye (14) ● 14" Minimum Length Limit with an 18- 24" Protected Slot Length Limit (no possession) (6) ● 4 Fish Daily Harvest Limit of which only 1 can be ≥ 24" (35)

Fox Ridge State Park (see also Hurricane Pond, Wilderness Pond and Ridge Lake) Coles County

Fox River, Algonquin Dam to confluence with the Illinois River, including tributaries, State of Illinois Multiple Counties Flathead Catfish ● 1 Fish ≥ 28" and/or 2 Fish < 28"

ILLINOIS REGISTER 17080 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 3 Fish Daily Harvest Limit Smallmouth Bass ● 1 Fish ≥ 12" and 2 Fish < 12" ● 3 Fish Daily Harvest Limit

Fox River (at Moraine Hills State Park and Dam and on Bolger Lock and Dam Properties), State of Illinois McHenry County All Fish ● 2 Pole and Line Fishing Only (1) on Moraine Hills State Park and Dam property and on property at the Bolger Lock and Dam along the Fox River

Fox River Marina, Lake County Forest Preserve Lake County All Fish ● 2 Pole and Line Fishing Only; Bank Fishing Only (in areas designated by Lake

County Forest Preserve District)

Fox Valley Park District Lakes and Ponds (except Jericho Lake and Lake Gregory), Fox Valley Park District Kane and DuPage Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Frank Holten Lakes, Frank Holten State Park St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Franklin Creek (within the boundaries of Franklin Creek State Natural Area) Lee County

ILLINOIS REGISTER 17081 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1)

Franklin Creek Mill Pond − Franklin Creek State Park, State of Illinois Lee County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Fuller Lake (19) Calhoun County

Fulton County Camping and Recreation Area Waters, Fulton County Board Fulton County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with no possession of Fish < 15" and ≥ 12" (3) ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit

Gages Lake, Wildwood Park District Lake County Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Garfield Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Gebhard Woods Pond, Grundy County

ILLINOIS REGISTER 17082 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Spring Closed Season (11)

Germantown Lake, City of Germantown Clinton County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Giant City Park Ponds, Jackson and Union Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth and Spotted Bass ● 15" Minimum Length Limit

Gillespie New City Lake, City of Gillespie Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with no possession of Fish < 15" and ≥ 12" (3) ● 3 Fish Daily Harvest Limit

Gillespie Old City Lake, City of Gillespie Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Glades − 12 Mile Island Wildlife Management Area (19) Jersey County

Gladstone Lake, Henderson County Conservation Area Henderson County

ILLINOIS REGISTER 17083 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel or Blue Catfish (14) ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and/or 2 Fish < 12" ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Glen O Jones Lake Trout Pond, Saline County Conservation Area Saline County Trout ● Fall Closed Season (10)

Glen O Jones State Lake, Saline County Conservation Area Saline County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 18" and 5 Fish < 14" (38) ● 6 Fish Daily Harvest Limit

Glen Oak Park Lagoon, Peoria Park District Peoria County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Glen Shoals Lake, City of Hillsboro Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit

Godar-Diamond/Hurricane Island Wildlife Management Area (19) Calhoun County

Gompers Park Lagoon, Chicago Park District Cook County

ILLINOIS REGISTER 17084 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Gordon F. More Park Lake, City of Alton Madison County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Governor Bond Lake, City of Greenville Bond County Channel Catfish ● All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Grayslake Park District (Grayslake and Park Ponds), City of Grayslake Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Green Lake, Cook County Forest Preserve Cook County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Greenfield City Lake, City of Greenfield Greene County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (12) ● 1 Fish ≥ to 15" and/or 5 Fish < 12"

ILLINOIS REGISTER 17085 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 6 Fish Daily Harvest Limit

Greenville Old City Lake, Kingsbury Park District Bond County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Hanover Lake – Apple River Canyon State Park, State of Illinois Jo Daviess County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Harrisburg New City Reservoir, City of Harrisburg Saline County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit

Heidecke Lake, Heidecke Lake State Fish and Wildlife Area Grundy County (41) Recreational Use Restrictions ● Heidecke Lake shall be closed to all fishing and boat traffic except for legal waterfowl hunters from 10 days prior to duck season through the day before duck season and is closed to all fishing during waterfowl season commencing with regular duck season through the close of the Canada goose and regular duck season ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Black, White, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

ILLINOIS REGISTER 17086 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 18" and 2 Fish < 12" (46) ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest Limit with no more (16) than 3 Fish ≥ 17" (17) Walleye, Sauger, or Hybrid Walleye (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Heiland Lakes, Kankakee River Valley Forest Preserve District Kankakee County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish ● 15 Fish Daily Harvest Limit, singly or in the aggregate Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Helmbold Slough (19) Calhoun County

Henderson Creek State Fish and Wildlife Area Henderson County Recreational Use Restrictions ● It shall be unlawful to trespass upon a designated waterfowl hunting area during the 7 days prior to regular duck season or to fish on such areas during the regular duck season except in areas posted as open to fishing; it shall be unlawful to trespass

upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of the regular duck season through the end of duck and Canada Goose season (33)

Hennepin Canal – Mainline & Feeder, Hennepin Canal Parkway State Park Multiple Counties All Fish ● 2 Pole and Line Fishing Only (1) (13)

ILLINOIS REGISTER 17087 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Hennepin-Hopper Lakes, The Wetlands Initiative Putnam County Recreational Use Restrictions ● All live bait greater than 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Black, White or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit (14) ● 3 Fish Daily Harvest Limit

Heritage Quarries, City of Lemont Will County Black, White or Hybrid Crappie ● 15 Fish Daily Harvest Limit Bluegill or Redear Sunfish ● 15 Fish Daily Harvest Limit Large or Smallmouth Bass ● 3 Fish Daily Harvest Limit ● 14" Minimum Length Limit

Herrin Lake #1, City of Herrin Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Herrin Lake #2, City of Herrin Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Heyworth Centennial Lake, City of Heyworth

ILLINOIS REGISTER 17088 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Hidden Springs State Forest Pond, Hidden Springs State Forest Shelby County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Highland Old City Lake, City of Highland Madison County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)

Hillsboro Old City Lake, City of Hillsboro Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with no possession of Fish < 15" and ≥ 12" (3) ● 3 Fish Daily Harvest Limit

Homer Guthrie Pond – Eldon Hazlet State Park, State of Illinois Clinton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Homer Lake, Champaign County Forest Preserve District

ILLINOIS REGISTER 17089 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Hormel Pond, Donnelly State Fish and Wildlife Area Bureau County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Horseshoe Lake − Alexander Co., Horseshoe Lake Conservation Area Alexander County Recreational Use Restrictions ● Only trolling motors in refuge from October 15-March 1 All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Horseshoe Lake − Madison County, Horseshoe Lake State Park (19) Madison County All Fish ● 2 Pole and Line Fishing Only (1) (5) (28) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Horsetail Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Horton Lake, Hancock County All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 17090 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9) Large or Smallmouth Bass  18" Minimum Length Limit  1 Fish Daily Harvest Limit

Humbolt Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Hurricane Pond, Coles County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Illinois & Michigan Canal, State of Illinois Grundy/LaSalle/ Will Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)

Illinois Beach State Park Ponds, Illinois Beach State Park Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Illinois Department of Transportation Lake, State of Illinois Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

ILLINOIS REGISTER 17091 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Trout ● Fall Closed Season (10) ● Catch and Release Fishing is permitted (9) ● Spring Closed Season (11) ● Catch and Release Fishing is permitted (9)

Illinois River – Pool 26 (19) Calhoun County

Illinois River − Starved Rock Pool LaSalle and Grundy Counties Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit

Illinois River – State of Illinois Multiple Counties Large or Smallmouth Bass ● 12" Minimum Length Limit

Indian Boundary South Pond, Frankfort Square Park District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Iroquois & Kankakee Rivers and their Tributaries, State of Illinois Multiple Counties Walleye, Sauger, and Hybrid Walleye ● 14" Minimum Length Limit (14) ● Protected Slot Length Limit with no possession of Fish < 26" and ≥ 18" ● 3 Fish Daily Harvest Limit of which only 1 Fish can be > 26" (47)

Island Pond, Boone County Conservation District Boone County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Jackson Park (Columbia Basin) Lagoon, Chicago Park District

ILLINOIS REGISTER 17092 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Jericho Lake, Fox Valley Park District Kane County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Black, White, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 15 Fish Daily Harvest Limit

Jim Edgar/Panther Creek State Fish and Wildlife Area, All Lakes and Ponds, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County Recreational Use Restrictions ● All live bait ≥ 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit

Jim Edgar/Panther Creek State Fish and Wildlife Area − Drake Lake, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Jim Edgar/Panther Creek State Fish and Wildlife Area – Gridley Road Lake, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit

ILLINOIS REGISTER 17093 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 3 Fish Daily Harvest Limit Trout ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9) ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9)

Johnson Sauk Trail Lake & Pond, Johnson Sauk Trail State Park Henry County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Jones Park Lake, City of East St. Louis St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Jubilee College State Park Pond, Jubilee College State Park Peoria County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Kankakee-Iroquois Rivers and their Tributaries, State of Illinois Multiple Counties Walleye, Sauger, and Hybrid Walleye ● 14" Minimum Length Limit (14) ● Protected Slot Length Limit with no possession of Fish < 26" and ≥ 18" ● 3 Fish Daily Harvest Limit of which only 1 Fish can be ≥ 26" (47)

Kankakee River, from the Kankakee Dam to the Wilmington Dam on the Kankakee River, including tributaries, State of Illinois Multiple Counties

ILLINOIS REGISTER 17094 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Smallmouth Bass ● Protected Slot Length Limit with only 1 Fish greater than or equal to 18" and 2 Fish less than 12" ● 3 Fish Daily Harvest Limit (37)

Kaskaskia River State Fish and Wildlife Area – Doza Creek Wildlife Management Area (33) St. Clair County

Kendall Co. Lake #1, Kendall County Forest Preserve District Kendall County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Kent Creek Winnebago County Trout ● Catch and Release Fishing Only (9)

Kickapoo State Park Lakes & Pond, Kickapoo State Park Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit

Kincaid City Reservoir, City of Kincaid Christian County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

King Park Lagoon, City of Pittsfield Pike County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

ILLINOIS REGISTER 17095 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● Fall Closed Season (10)

Kinkaid Lake, Kinkaid Lake State Fish and Wildlife Area Jackson County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 25 Fish Daily Harvest Limit

Kinmundy Reservoir, City of Kinmundy Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit

Kishwaukee River and South Branch of Kishwaukee River and Tributaries, State of Illinois Multiple Counties Smallmouth Bass ● 14" Minimum Length Limit

Lake Atwood, McHenry County Conservation District McHenry County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

Lake Bloomington, City of Bloomington McLean County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest Limit with no more (16) than 3 Fish ≥ 17" (17) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit with no more than 5 Fish ≥ 10"

ILLINOIS REGISTER 17096 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Walleye ● 3 Fish Daily Harvest Limit ● 18" Minimum Length Limit

Lake Carlton, Morrison-Rockwood State Park Whiteside County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 14" Minimum Length Limit Pure Muskellunge ● 36" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Lake Chaminwood, Will County Forest Preserve District Will County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Lake Co. Forest Preserve District Lakes (except Independence Grove Lake), Lake County Forest Preserve District Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 16" Minimum Length Limit

Lake Decatur, City of Decatur Macon County All Fish ● 2 Pole and Line Fishing Only (1) (29) (36) White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

ILLINOIS REGISTER 17097 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Lake Depue Fish and Wildlife Area (33) Bureau County

Lake Eureka, City of Eureka Woodford County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Black, White or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit6 Fish Daily Harvest Limit ● 1 Fish Daily Harvest Limit

Lake George, Loud Thunder Forest Preserve Rock Island County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Pure Muskellunge ● 36" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Lake Jacksonville, City of Jacksonville Morgan County All Fish ● 2 Pole and Line Fishing Only (1) (29) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18" ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, singly or in the aggregate, with no more than 10 Fish ≥ 10"

Lake Kakusha, City of Mendota LaSalle County

ILLINOIS REGISTER 17098 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Lake Le-Aqua-Na Kids Only Fishing Pond, Lake Le-Aqua-Na State Park Stephenson County Recreational Use Restrictions ● Only kids under 16 years of age permitted to fish Channel Catfish ● 1 Fish Daily Harvest Limit Bluegill or Redear Sunfish and Their ● 10 Fish Daily Harvest Limit Hybrids

Lake Le-Aqua-Na, Lake Le-Aqua-Na State Park Stephenson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit

Lake Lou Yaeger, City of Litchfield Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Lake Mattoon, City of Mattoon Coles/Cumberland/Shelby Counties All Fish ● 2 Pole and Line Fishing only (1) Large or Smallmouth Bass (14) ● 14" Minimum Length Limit Channel Catfish ● 6 Fish Daily Harvest Limit White, Black or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Lake Mendota, City of Mendota LaSalle County

ILLINOIS REGISTER 17099 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish greater than or equal to 15" and/or 2 less than 12" (31) ● 3 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

Lake Michigan (Illinois Portion) (49), State of Illinois Lake/Cook Counties Recreational Use Restriction ● All devices used for sport fishing on Lake Michigan must be attended at all times Trout and Salmon ● 10" Minimum Length Limit ● 5 Fish Daily Harvest, singly or in the aggregate, except for Lake Trout Lake Trout ● 2 Fish Daily Harvest Limit Yellow Perch (53) ● 15 Fish Daily Harvest Limit ● Closed May 1 through June 15 Large or Smallmouth Bass (14) ● 21" Minimum Length Limit ● 1 Fish Daily Harvest Limit Lake Whitefish and Round Whitefish 12 Fish (in the aggregate) Daily Harvest ● Limit

Lake Milliken, Des Plaines Conservation Area Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Catch and Release Fishing Only Trout ● Spring Closed Season (11)

Lake Mingo & Kennekuk Cove Park Ponds, Vermilion County Conservation Area Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) (44) Bluegill or Redear Sunfish (14) ● 20 Fish Daily Harvest Limit with no more than 5 Fish > 8" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 1 Fish > 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 36" Minimum Length Limit (40)

ILLINOIS REGISTER 17100 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 15 Fish Daily Harvest Limit

Lake Murphysboro, Lake Murphysboro State Park Jackson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit

Lake Nellie, City of St. Elmo Fayette County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit ● 14" Minimum Length Limit

Lake of the Woods & Elk's Pond, Champaign County Forest Preserve District Champaign County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● No more than 5 Fish ≥ 7" permitted; unlimited Daily Harvest for Fish ˂ 7" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

Lake Opeka Cook County All Fish ● 2 Pole and Line Fishing Only (1) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Bluegill, Pumpkinseed, or Hybrid ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Lake Owen, Hazel Crest Park District Cook County

ILLINOIS REGISTER 17101 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Lake Paradise, City of Mattoon Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Lake Sara, City of Effingham Effingham County Large or Smallmouth Bass ● Protected Slot Length Limit of 15-18" ● 6 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Lake Shelbyville (21), U.S. Army Corps of Engineers Moultrie/Shelby Counties Recreational Use Restrictions ● During the regular waterfowl season, no bank or boat fishing shall be permitted on the Kaskaskia River from the Strickland Boat Access north to the Illinois Central Railroad Bridge from one-half hour before sunrise to 1 p.m. ● All live bait > 8" must be rigged with a quick set rig (43) Large or Smallmouth Bass ● 14" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit (40) Striped Bass ● 32" Minimum Length Limit ● 2 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit with only 5 Fish < 10" and 10 Fish ≥ 10" permitted

Lake Shelbyville – U.S. Army Corps of Engineers Project Ponds (except Woods Lake), and Lake Shelbyville State Fish and Wildlife Management Area Ponds (33) Moultrie/Shelby Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ●

ILLINOIS REGISTER 17102 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

15 Fish Daily Harvest Limit with only 5

Fish < 10" and 10 Fish ≥ 10" permitted

Lake Shermerville, Northbrook Park District Cook County All Fish ● 2 Pole and Line Fishing Only Bluegill and Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Lake Sinnissippi (33) Whiteside County

Lake Springfield, City of Springfield Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 10" Minimum Length Limit

Lake Storey, City of Galesburg Knox County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Bluegill and Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel or Blue Catfish (14) ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 12-18" ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) ● 3 Fish Daily Harvest Limit

Lake Strini, Village of Romeoville Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)

ILLINOIS REGISTER 17103 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Lake Sule, Flagg-Rochelle Park District Ogle County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit Pure Muskellunge ● 36" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit

Lake Taylorville, City of Taylorville Christian County Large or Smallmouth Bass ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Lake Vermilion, Vermilion County Conservation District Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) (26) (except that sport fishermen may take carp, carpsuckers, buffalo, gar, bowfin, and suckers by pitchfork, gigs, bow and arrow or bow and arrow devices north of Boiling Springs Road, but not within 300 feet around the wetland boardwalk) Large or Smallmouth Bass ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit for Fish ˂ 10"; 10 Fish Daily Harvest Limit for Fish ≥ 10" (23)

Lake Victoria, City of South Beloit Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

ILLINOIS REGISTER 17104 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Lake Williamsville, City of Williamsville Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

LaSalle Lake, LaSalle Lake State Fish and Wildlife Area LaSalle County Recreational Use Restrictions ● Waterfowl refuge or hunting area; site regulations apply All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 18" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Harvest Limit with no more than (16) 3 Fish ≥ 17" Daily Harvest (17)

Levings Lake, Rockford Park District Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Lincoln Log Cabin Pond, Lincoln Log Cabin Historical Site Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Lincoln Park North Lagoon, Chicago Park District Cook County All Fish ● Closed to Fishing

Lincoln Park South Lagoon, Chicago Park District Cook County All Fish ● Closed to Fishing

Lincoln Trail Lake,

ILLINOIS REGISTER 17105 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Clark County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and/or 3 Fish < 14" or all 4 Fish may be < 14" ● 4 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Litchfield City Lake, City of Litchfield Montgomery County Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit with 1 Fish ≥ 15" and 2 Fish < 15" (25) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Little Casters Pond, Boone County Conservation District Boone County All Fish  2 Pole and Line Fishing Only Channel Catfish  6 Fish Daily Harvest Limit Large or Smallmouth Bass  14" Minimum Length Limit  1 Fish Daily Harvest Limit

Loami Reservoir, City of Loami Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Mackinaw Ponds 1 and 2, Mackinaw State Fish and Wildlife Area Tazewell County Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Macon County Conservation District Ponds (see also Rock Springs Pond and Rock Springs Bike Trail Pond), Macon County Conservation District Macon County All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 17106 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Maple Lake, Cook County Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Marine Heritage Lake, Village of Marine Madison County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Marissa City Lake, City of Marissa St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Marquette Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Marshall County Conservation Area (Fishing Ditch), Marshall County Conservation Area (33) Marshall County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 6 Fish Daily Harvest Limit ● 12" Minimum Length Limit

Marshall County Conservation Area – Sparland Unit (33) Marshall County

Mascoutah Reservoir, City of Mascoutah St. Clair County

ILLINOIS REGISTER 17107 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Matthiessen Lake, LaSalle County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Mautino State Fish and Wildlife Area Bureau County All Fish ● 2 Pole and Line Fishing Only (1) (34) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Mauvaise Terre/Morgan Lake, City of Jacksonville Morgan County All Fish  2 Pole and Line Fishing Only (1) Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9)

Mazonia Lakes & Ponds (excluding Ponderosa Lake), Mazonia State Fish and Wildlife Area (33) Grundy/Kankakee/Will Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit

McCullom Lake, City of McHenry

ILLINOIS REGISTER 17108 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

McHenry County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

McKinley Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

McLeansboro City Lakes, City of McLeansboro Hamilton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Mechanicsburg Park Pond, City of Mechanicsburg Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Meredosia Lake – Cass County Portion Only (meandered waters only) (33) Cass County

Meredosia Lake, Cass County Portion Cass County

ILLINOIS REGISTER 17109 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Recreational Use Restrictions ● Meandered waters only; All boat traffic is prohibited from operating on meandered waters (except non-motorized boats may be used to assist in the retrieval of waterfowl shot from private land) from the period from one week before waterfowl season opens until the season closes; hunting and/or any other activity is prohibited during the period from one week before waterfowl season opens until the season closes

Mermet State Lake, Mermet Lake Conservation Area (33) Massac County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Middle Fork Forest Preserve Pond, Champaign County Forest Preserve Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Middle Fork of the Vermilion River, Kickapoo State Park and Middle Fork Fish and Wildlife Area Vermilion County All Fish ● 2 Pole and Line Fishing Only (1)

Mill Creek Lake, Clark County Park District Clark County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 4 Fish < 15" and 1 Fish ≥ 15" Daily

ILLINOIS REGISTER 17110 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 5 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, of which only 2 Fish can be 12" or longer

Mill Race Ponds, Belvidere Park District Boone County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

Miller Park Lake, Bloomington Park District McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

Mineral Springs Park Lagoon, City of Pekin Tazewell County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)

Mississippi River Pools 16, 17, 18, 21, 22, 24 (33) Multiple Counties

Mississippi River Pools 25 and 26 (19) Multiple Counties

Mississippi River (between IL & IA), State of Illinois Multiple Counties Recreational Use Restrictions ● Any tagged sport fishing device may not be left unattended for more than 24 hours or must be completely removed ● Maximum treble hook size is 5/0; gaffs may not be used to land paddlefish

ILLINOIS REGISTER 17111 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● Spring Lake in Carroll County is closed to fishing during the 7 days prior to the regular duck season and during the regular duck and Canada goose season except in areas posted as open to fishing

All Fish ● Sport fishermen must not use more than 2 poles and each pole must not have more

than 2 hooks or lures while trolling Bluegill or Pumpkinseed Sunfish ● 25 Fish Daily Harvest Limit singly or in the aggregate Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 5 Fish Daily Harvest Limit Northern Pike ● 5 Fish Daily Harvest Limit Paddlefish ● Snagging for paddlefish is permitted from ½ hour before sunrise to ½ hour after sunset daily, March 1 through April 15 within a 500 yard downstream limit below locks and dams on the Mississippi River between Illinois and Iowa; Daily Harvest Limit is 2 fish; the maximum length limit for paddlefish taken from the Mississippi River between Illinois and Iowa is 33" eye-to-fork length (all paddlefish ≥ to 33" must be immediately released back to the Mississippi River); no sorting allowed; once the daily limit of paddlefish has been reached, snagging must cease Rock Bass ● 25 Fish Daily Harvest Limit Striped, White, Yellow or Hybrid Striped ● 25 Fish Daily Harvest Limit singly or in Bass the aggregate – statewide regulation limiting Daily Harvest to 3 fish ≥ 17" is

not in effect on the Mississippi River between Illinois and Iowa Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit with no more than 1 Walleye ≥ 27" in total length Walleye ● 15" Minimum Length Limit with no possession of Fish ≥ 20" and < 27"

Protected Slot Length Limit (24) White, Black, or Hybrid Crappie (15) ●

ILLINOIS REGISTER 17112 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

25 Fish Daily Harvest Limit singly or in

the aggregate Yellow Perch ● 25 Fish Daily Harvest Limit

Mississippi River (between IL & MO), State of Illinois Multiple Counties Recreational Use Restrictions ● Boating prohibited on refuge area (Ellis Bay) immediately upstream of Melvin Price Lock and Dam 26 overflow dike from October 15-April 15 ● Any tagged sport fishing device may not be left unattended for more than 24 hours or must be completely removed All Nongame Species Combined ● 100 Total Fish Daily Harvest Limit (Excludes endangered and threatened species and the following game species: Crappie, Channel/Blue/Flathead Catfish, Rock Bass, Warmouth, White/Yellow/Striped/Hybrid Striped Bass, Trout, Largemouth/Smallmouth/Spotted Bass, Muskellunge, Northern Pike, Chain/Grass Pickerel, Walleye, Sauger, Paddlefish) Channel or Blue Catfish (14) ● 20 Fish Daily Harvest Limit Flathead Catfish ● 10 Fish Daily Harvest Limit Largemouth, Smallmouth, Spotted Bass ● 12" Minimum Length Limit or

Northern Pike ● 1 Fish Daily Harvest Limit Paddlefish ● 24" Eye-to-Fork Minimum Length Limit ● Snagging for paddlefish is permitted from September 15 through December 15 and March 15 through May 15 within a 300 yard downstream limit below locks and dams on the Mississippi River between Illinois and Missouri except for the Chain of Rocks low water dam at Chouteau Island, also known as Dam 27 at the Chain

ILLINOIS REGISTER 17113 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

of Rocks (Madison County) where no snagging is permitted; Daily Harvest Limit is 2 fish; sorting is permitted; every paddlefish ≥ 24" in eye-to-fork length must be taken into immediate possession and included in the Daily Harvest Limit; paddlefish < 24" eye to fork length must be returned immediately to the water; once the daily limit of paddlefish has been reached, snagging must cease Striped, White, Yellow or Hybrid Striped ● 30 Fish Daily Harvest Limit singly or in Bass the aggregate – statewide regulation limiting daily harvest to 3 fish ≥ 17" is not in effect on the Mississippi River between Illinois and Missouri Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 30 Fish Daily Harvest Limit

Monee Reservoir, Will County Forest Preserve District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Montrose Lake, City of Montrose Cumberland County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Bluegill and Redear Sunfish ● 15 Fish, singly or in the aggregate, Daily Harvest Limit

Mt. Olive City Lakes (Old and New), City of Mt. Olive Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17114 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Mt. Pulaski Park District Lake, Mt. Pulaski Park District Logan County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Mt. Sterling Lake, City of Mt. Sterling Brown County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with no possession of Fish < 15" and ≥ 12" (3)

Mt. Vernon City Park Lake, City of Mt. Vernon Jefferson County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Mt. Vernon Game Farm Pond, Mt. Vernon Game Farm Jefferson County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Mundelein Park District Ponds, City of Mundelein Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Nashville City Lake, City of Nashville Washington County

ILLINOIS REGISTER 17115 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Newton Lake, Newton Lake State Fish and Wildlife Area (41) (33) Jasper County Recreational Use Restrictions ● The cold water arm of Newton Lake shall be closed daily from one-half hour before sunrise until 1:00 p.m. to all fishing and boat traffic except for legal waterfowl hunters during waterfowl season

commencing with regular duck season through the close of the Canada goose and regular duck season; fishing tournaments prohibited from June 1 through August 31 ● Lake closed to fishing during firearm deer seasons All Fish ● 2 Pole and Line Fishing Only (1) (5) ● Closed for Regular Shotgun Deer Season Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 10" Minimum Length Limit

Norris City Reservoir, City of Norris City White County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Oakland City Lake, City of Oakland Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Oblong Lake, City of Oblong Crawford County

ILLINOIS REGISTER 17116 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Ohio River (between IL & KY), State of Illinois Multiple Counties Large or Smallmouth Bass ● 12" Minimum Length Limit Northern Pike ● No Minimum Length Limit ● No Daily Harvest Limit Muskie or Tiger Muskie ● 1 Fish Daily Harvest Limit ● 36" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 6 Fish Daily Harvest Limit (14) ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 30 Fish Daily Harvest Limit Striped, White, Yellow or Hybrid ● 30 Fish Daily Harvest Limit, singly or in Striped Bass the aggregate, of which no more than 4 Fish ≥ 15" Daily (32)

Ohio River (between IL & KY), State of Illinois and Wabash River, various counties (between IL and IN) Channel Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 28" ● No Daily Harvest Limit for Fish ≥ 13" and ˂ 28" ● No harvest < 13" Blue and Flathead Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 35" ● No Daily Harvest Limit for Fish ≥ 13" and ˂ 35" ● No harvest < 13"

Ohio River – Smithland Pool Tributary Streams (in Pope/Hardin/Gallatin Counties, excluding Wabash River and Saline River Above Route 1 Bridge) Multiple Counties Large or Smallmouth Bass ● 12" Minimum Length Limit

Old Kinmundy Reservoir, City of Kinmundy Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17117 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Large or Smallmouth Bass ● 15" Minimum Length Limit

Olsen Lake, Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Omaha City Reservoir, City of Omaha Gallatin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Omaha Township Reservoir, City of Omaha Gallatin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Otter Lake, Otter Lake Water Commission Macoupin County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest, singly or in the (16) aggregate, of which only 3 Fish may be ≥ 17" (17) Pure Muskellunge ● 48" Minimum Length Limit (40)

PalmisanoPalmissano Pond (StearnsStern's Park Quarry), Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) ● Catch and Release Fishing Only (9)

ILLINOIS REGISTER 17118 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Palmyra – Modesto Water Commission Lake, Palmyra/Modesto Water Commission Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Pana Lake, City of Pana Shelby and Christian Counties Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Paris East & West Lakes, City of Paris Edgar County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Peabody River King, Pit #3 Lakes and Ponds, River King State Conservation Area (see also Willow Lake for additional regulations) St Clair County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit ● 9" Minimum Length Limit

Pecatonica River and Tributaries, State of Illinois Winnebago/Stephenson Counties Smallmouth Bass ● 14" Minimum Length Limit

Perry Farm Pond, Bourbonnais Park District Kankakee County

ILLINOIS REGISTER 17119 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Piasa (19) Madison/Jersey Counties

Pierce Lake, Rock Cut State Park Winnebago County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (7) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Pinckneyville Lake, City of Pinckneyville Perry County Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Pine Creek (within the boundaries of White Pines Forest State Park) Ogle County All Fish ● 2 Pole and Line Fishing Only (1) Smallmouth Bass ● 14" Minimum Length Limit Trout ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9) ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9)

Piscasaw Creek McHenry County Smallmouth Bass ● 14" Minimum Length Limit Trout ● Spring Closed Season (11)

Pittsfield City Lake, City of Pittsfield Pike County All Fish ● 2 Pole and Line Fishing Only (1) (7)

ILLINOIS REGISTER 17120 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length (16) ● 3 Fish Daily Harvest Limit

Pocahontas Park Ponds, City of Pocahontas Bond County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Ponderosa Lake, Mazonia State Fish and Wildlife Area (33) Kankakee County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit

Powerton Lake, Powerton Lake Fish and Wildlife Area (39) Tazewell County Recreational Use Restrictions ● Powerton Lake shall be closed to boat traffic except for legal waterfowl hunters from one week prior to regular waterfowl season to February 15, and closed to all unauthorized entry during regular Canada goose and duck season All Fish ● 2 Pole and Line Fishing Only (1) Blue Channel or Flathead Catfish ● 6 Fish Daily Harvest Limit, singly or in the aggregate, with no more than 1 fish ≥ 35" Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest Limit, singly or in (16) the aggregate, with no more than 3 Fish ≥ 17" (17) Walleye, Sauger, or Hybrid Walleye ● 3 Fish Daily Harvest Limit (14) ● 18" Minimum Length Limit

ILLINOIS REGISTER 17121 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Prospect Pond, City of Moline Rock Island County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Pyramid State Park – Blue Wing Lake, Green Wing Lake, Goldeneye Lake and Mallard Lake, Pyramid State Park Perry County Recreational Use Restrictions ● Waterfowl Hunting Area (from November 1 through the last day in February, fishing is permitted in designated areas only, and fishing hours are from ½ hour before sunrise to 2 p.m.) ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and/or 5 fish < 14" (38) Pure Muskellunge ● 48" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Pyramid State Park – Captain, Denmark, Galum and East Conant Areas – All Lakes and Ponds except Blue Wing Lake, Green Wing Lake and Goldeneye Lake, Pyramid State Park Perry County Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting prohibited from November 1 through the last day in February) ● All live bait > 8 inches must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 18" and/or 5 Fish < 14" (38) Pure Muskellunge ● 48" Minimum Length Limit

ILLINOIS REGISTER 17122 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit

Pyramid State Park Lakes & Ponds (excluding Captain, Denmark, Galum and East Conant Areas), Pyramid State Park Perry County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ to 18" and/or 5 Fish < 14" (38)

Raccoon Lake, City of Centralia Marion County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Ramsey Lake, Ramsey Lake State Park Fayette County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 9" Minimum Length Limit

Ramsey Lake State Park Ponds, Ramsey Lake State Park Fayette County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Randolph County Lake, Randolph County Conservation Area Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)

ILLINOIS REGISTER 17123 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Red Hills Lake, Lawrence County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Red's Landing Wildlife Management Area (19) Calhoun County (Access to walk-in area closed 7 days prior to duck season)

Redwing Slough/Deer Lake (33) Lake County

Rend Lake, U.S. Army Corps of Engineers (22) (33) Franklin and Jefferson Counties Channel Catfish ● All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, Yellow or Hybrid ● 20 Fish Daily Harvest Limit, singly or in Striped Bass (8) the aggregate, with no more than 3 Fish ≥ 17" White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, singly or in the aggregate, with no more than 10 Fish ≥ 10"

Rend Lake Project Ponds – Jackie Branch Pond, Ina N. Borrow Pit, Green Heron Pond, North Marcum Campground Pond, U.S. Army Corps of Engineers Franklin and Jefferson Counties All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Rice Lake State Fish and Wildlife Area (33) (34) Fulton County Large or Smallmouth Bass ● 12" Minimum Length Limit ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17124 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Ridge Lake, Fox Ridge State Park Coles County All Fish ● 2 Pole and Line Fishing Only (1) (27) Channel Catfish ● 14" Minimum Length Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Riis Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Riprap Landing (19) Calhoun County

River Bend Forest Preserve Lakes (Sunset Lake and Shadow Lake), Champaign County Forest Preserve District Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 1 Fish ≥ 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 10 Fish Daily Harvest Limit

Riverside Park Lagoon, Moline Park District Rock Island County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Rochester Park Pond, City of Rochester Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Rock Creek, State of Illinois

ILLINOIS REGISTER 17125 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Kankakee County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9) ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9)

Rock River, from the Sears and Steel Dam downstream to confluence of the Mississippi River, State of Illinois Rock Island County Walleye ● 15" Minimum Length Limit with a 20-27" Protected Slot Length Limit (24) Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 27"

Rock River, Wisconsin State Line downstream to confluence of the Mississippi River, including tributaries, State of Illinois Multiple Counties Smallmouth Bass ● 14" Minimum Length Limit

Rock Springs Bike Trail Pond, Macon County Conservation District Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Rock Springs Pond, Macon County Conservation District Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)

Roodhouse Park Lake, City of Roodhouse Green County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17126 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Route 6 Quarries (East and West), Will County Forest Preserve District Will County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Route 154 Day Use Pond, State of Illinois Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Sag Quarry East, Cook County Forest Preserve District Cook County Bluegill, Redear, or Pumpkinseed) ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Spring Closed Season (11) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Sahara Woods State Fish and Wildlife Area, State of Illinois Saline County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Salem Reservoir, City of Salem Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

ILLINOIS REGISTER 17127 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Sam Dale Lake, Sam Dale Conservation Area Wayne County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit

Sam Dale Trout Pond, Sam Dale Conservation Area Wayne County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Sam Parr Lake, Sam Parr State Park Jasper County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Sand Lake, Illinois Beach State Park Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Sanganois State Conservation Area (33) (42) Mason/Cass/Schuyler/Menard Counties Large or Smallmouth Bass ● 12" Minimum Length Limit

Sangchris Lake, State Park Christian/Sangamon Counties Recreational Use Restrictions ● Posted waterfowl refuge closed to all boat

ILLINOIS REGISTER 17128 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

traffic during waterfowl season. Bank fishing along the dam shall be permitted. Fishing shall be prohibited in the east and west arms of the lake during the period from 10 days prior to the duck season through the end of the duck season. Fishing shall be prohibited in the west arm of the lake and the east arm of the lake south of the power lines during that portion of the Canada goose season that follows the duck season (41) All Fish ● 2 Pole and Line Fishing Only (1) (45) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 10" Minimum Length Limit

Schiller Pond, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

Schuy-Rush Lake, City of Rushville Schuyler County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Sesser City Lake, City of Sesser Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit

ILLINOIS REGISTER 17129 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 1 Fish Daily Harvest Limit

Shabbona Lake, DeKalb County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) ● No sport fishing below dam to fence All Fish ● 2 Pole and Line Fishing Only (1) (48) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 14" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit (40) Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit

Shawnee National Forest − Lakes and Ponds less than 10 acres, U.S. Forest Service Multiple Counties All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

Shawnee National Forest – Bay Creek Lake #5 and #8 (Sugar Creek Lake), U.S. Forest Service Pope County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth and Spotted ● 15" Minimum Length Limit Bass

Shawnee National Forest – Dutchman Lake, U.S. Forest Service Johnson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

ILLINOIS REGISTER 17130 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Shawnee National Forest – Lake Glendale, U.S. Forest Service Pope County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

Shawnee National Forest – Little Cache #1, U.S. Forest Service Johnson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth or Smallmouth Bass ● 15" Minimum Length Limit

Shawnee National Forest – One Horse Gap Lake, U.S. Forest Service Pope County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

Shawnee National Forest – Pounds Hollow Lake, U.S. Forest Service Gallatin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

Shawnee National Forest – Tecumseh Lake, U.S. Forest Service Hardin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

Shawnee National Forest – Turkey Bayou, U.S. Forest Service Jackson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

ILLINOIS REGISTER 17131 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

Shawnee National Forest – Whoopie Cat Lake, U.S. Forest Service Hardin Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

Sherman Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Siloam Springs Lake, Siloam Springs State Park Adams County All Fish ● 2 Pole and Line Fishing Only (1) (7) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with no possession of fish < 15" or ≥ 12" (3) Trout ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9)

Siloam Springs State Park − Buckhorn Unit Waters, Siloam Springs State Park Brown County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Silver Lake, City of Highland Madison County Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

ILLINOIS REGISTER 17132 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Silver Springs State Park – Big Lake & Ponds, Silver Springs State Fish and Wildlife Area Kendall County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Skokie Lagoons (including Skokie Lagoons Spillway and Skokie River Downstream to Willow Road), Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Snakeden Hollow State Fish and Wildlife Area – McMaster Lake & Other Site Waters, State of Illinois Knox County Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting prohibited from 14 days prior to duck season through the end of the central zone Canada goose season) ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18"

● 3 Fish Daily Harvest Limit Pure Muskellunge ● 1 Fish ≥ 36" but < 42", or 1 fish ≥ 48" in total length (52)

ILLINOIS REGISTER 17133 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 1 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye ● 3 Fish Daily Harvest Limit (14) White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Southwind Pond, Springfield Park District Sangamon County Trout ● Spring Closed Season (11) ● Fall Closed Season (10)

Sparta New City Reservoir (North), City of Sparta Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Sparta Old City Reservoir (South), City of Sparta Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Sparta "T" Lake, City of Sparta Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 10 Fish Daily Harvest Limit

Sparta World Shooting and Recreational Complex − Derby Lake, State of Illinois Randolph County All Fish ● 2 Pole and Line Fishing Only (1)(5) Bluegill and Redear Sunfish (14) ● 15 Fish Daily Harvest Limit

ILLINOIS REGISTER 17134 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large and Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit ● 10 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Sparta World Shooting and Recreational Complex Lakes, State of Illinois Randolph County All Fish ● 2 Pole and Line Fishing Only (1)(5) Bluegill and Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large and Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit ● 10 Fish Daily Harvest Limit

Sportsmans' Club Pond, Macon County Conservation District Macon County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Spring Closed Season (11)

Spring Grove Hatchery Pond, City of Spring Grove McHenry County Trout ● Fall Closed Season (10)

Spring Lake, City of Macomb McDonough County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish or Blue Catfish (14) ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length limit ● 1 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit

ILLINOIS REGISTER 17135 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Walleye ● 18" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Spring Lakes (North & South), Spring Lake Conservation Area (33) Tazewell County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit; 12-18" ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Spring Pond, Flagg-Rochelle Park District Ogle County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Starved Rock State Park (33) LaSalle County

Staunton City Lake, City of Staunton Macoupin County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 36" Minimum Length Limit

Sterling Lake, Lake County Forest Preserve District Lake County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 17136 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 16" Minimum Length Limit

Storm Lake, DeKalb Park District DeKalb County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Stump Lake State Wildlife Management Area (19) Jersey County

Tampier Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Taylorville Park District Pond, Taylorville Park District Christian County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Spring Closed Season (11) ● Fall Closed Season (10)

Ten Mile Creek Lakes, Ten Mile Creek State Fish and Wildlife Area Hamilton/Jefferson Counties (Areas designated as waterfowl rest areas are closed to all access during the Canada goose season only) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit

ILLINOIS REGISTER 17137 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Three Oaks North and South Lakes, City of Crystal Lake McHenry County All Fish ● 2 Pole and Line Fishing Only (1) ● Catch and Release Fishing Only (9)

Tilton City Lake, City of Tilton Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Toledo Reservoir, City of Toledo Cumberland County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with 1 Fish ≥ 15" and 2 Fish < 12" ● 3 Fish Daily Harvest Limit

Tower Lake (St. Elmo South Lake), City of St. Elmo Fayette County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Tri-Township Park Pond, City of Troy Madison County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Turkey Bluff Ponds, State of Illinois Randolph County All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 17138 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large and Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Turner Lake, Chain O'Lakes State Park Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit

Turtle Lake (East Lake Renwick), Will County Forest Preserve District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit

Tuscola City Lake, City of Tuscola Douglas County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Union County State Fish and Wildlife Area – All lakes and ponds Union County (All fishing and boat traffic prohibited from October 15 through the last day of February) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit

Valley Lake, Wildwood Park District Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Valmeyer Lake, City of Valmeyer

ILLINOIS REGISTER 17139 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Monroe County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Vandalia Lake, City of Vandalia Fayette County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, or Hybrid Bass (16) ● 17" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Vanhorn Woods Pond, Plainfield Park District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)

Vernor Lake, City of Olney Richland County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Villa Grove East Lake, City of Villa Grove Douglas County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit

Villa Grove West Lake, City of Villa Grove Douglas County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit

ILLINOIS REGISTER 17140 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

● 1 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)

Wabash River, various counties (between IL and IN) and Ohio River (between IL & KY), State of Illinois Multiple Counties Channel Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 28" ● No Daily Harvest Limit for Fish ≥ 13" and ˂ 28" ● No harvest < 13" Blue and Flathead Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 35" ● No Daily Harvest Limit for Fish ≥ 13" and ˂ 35" ● No harvest < 13"

Waddams Creek Stephenson County Trout ● Spring Closed Season (11)

Walnut Point Lake, Walnut Point State Fish and Wildlife Area Douglas County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 20 Fish, either singly or in aggregate, Daily Harvest Limit, of which only 5 Fish may be ≥ 8" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with no possession of Fish < 15" or ≥ 12" (3)

Walton Park Lake, City of Litchfield Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Wampum Lake, Cook County Forest Preserve District

ILLINOIS REGISTER 17141 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit

Washington County Lake, Washington County Conservation Area Washington County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with 1 Fish ≥ 18" and 2 Fish < 14" Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit

Washington Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit

Washington Park Pond, Springfield Park District Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Watseka City Ponds (Clements Pond, Kapers Pond and Municipal Center Pond), City of Watseka Iroquois County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

Waverly Lake, City of Waverly

ILLINOIS REGISTER 17142 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Morgan County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit

Weinberg-King Pond, Weinberg-King State Park Schuyler County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit

Weldon Springs Lake, Weldon Springs State Park DeWitt County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Walleye, Sauger, and Hybrid Walleye ● 3 Fish Daily Harvest Limit ● 15" Minimum Length Limit with no more than 1 Fish ≥ 20" Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

West Frankfort New City Lake, City of West Frankfort Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

West Frankfort Old City Lake, City of West Frankfort Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

West Salem Reservoir, City of West Salem Edwards County All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 17143 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit

Whalon Lake, Forest Preserve District of Will County Will County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit

White Hall City Lake, City of White Hall Greene County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit

Wilderness Pond, Fox Ridge State Park Coles County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit

William W. Powers State Conservation Area (33) Cook County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)

Willow Lake, Peabody River King State Conservation Area St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit ● 9" Minimum Length Limit

ILLINOIS REGISTER 17144 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Trout ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9)

Wolf Lake, William W. Powers Conservation Area (33) Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)

Woodford Co. Cons. Area (Fishing Ditch), Woodford County Conservation Area (33) Woodford County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 6 Fish Daily Harvest Limit ● 12" Minimum Length Limit

Woodlawn Pond, Frankfort Square Park District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit

Woods Lake, U.S. Army Corps of Engineers Moultrie County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● Catch and Release Only (16) Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 18" and 2 Fish < 14" Bluegill and Readear Sunfish ● 15 Fish, either singly or in the aggregate, Daily Harvest Limit, of which only 5 Fish may be ≥ 8" White, Black, or Hybrid Crappie ● 15 Fish Daily Harvest Limit with only 5 Fish < 10" and 10 Fish ≥ 10"

ILLINOIS REGISTER 17145 20 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED AMENDMENTS

Wyman Lake, City of Sullivan Moultrie County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)

Yellow Creek Stephenson County Trout ● Spring Closed Season (11)

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 810.70 Free Fishing Days

During the period of June 1819, 1920, 2021 and 22, 20212020, it shall be legal for any person to fish in waters wholly or in part within the jurisdiction of the State, including the Illinois portion of Lake Michigan, without possessing a sport fishing license, salmon stamp or inland trout stamp.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 17146 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Definitions and General Provisions

2) Code Citation: 35 Ill. Adm. Code 211

3) Section Numbers: Proposed Actions: 211.125 New Section 211.234 New Section 211.245 New Section 211.271 New Section 211.272 New Section 211.273 New Section 211.275 New Section 211.277 New Section 211.278 New Section 211.280 New Section 211.284 New Section 211.289 New Section 211.300 New Section 211.303 New Section 211.491 New Section 211.500 New Section 211.520 New Section 211.712 New Section 211.737 New Section 211.975 New Section 211.985 New Section 211.1095 New Section 211.1326 New Section 211.1327 New Section 211.1329 New Section 211.1432 New Section 211.1555 New Section 211.1567 New Section 211.1620 New Section 211.1625 New Section 211.1735 New Section 211.1820 New Section 211.1895 New Section 211.1915 New Section

ILLINOIS REGISTER 17147 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.2035 New Section 211.2180 New Section 211.2340 New Section 211.2400 New Section 211.2412 New Section 211.2480 New Section 211.2485 New Section 211.2612 New Section 211.2613 New Section 211.2795 New Section 211.2980 Amendment 211.3160 New Section 211.3180 New Section 211.3230 Amendment 211.3360 New Section 211.3755 New Section 211.3850 Amendment 211.3870 Amendment 211.3920 New Section 211.4066 New Section 211.4215 New Section 211.4535 New Section 211.5072 New Section 211.5336 New Section 211.5338 New Section 211.5339 New Section 211.5585 Amendment 211.5675 New Section 211.5680 New Section 211.5805 New Section 211.5855 New Section 211.5883 New Section 211.5887 New Section 211.5895 New Section 211.5900 New Section 211.5905 New Section 211.5907 New Section 211.6013 New Section 211.6055 New Section

ILLINOIS REGISTER 17148 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.6064 New Section 211.6133 New Section 211.6137 New Section 211.6426 New Section 211.6428 New Section 211.6575 New Section 211.6583 New Section 211.6670 Amendment 211.6685 New Section 211.6720 Amendment 211.7260 New Section 211.7275 New Section

4) Statutory Authority: Implementing Sections 9, 9.1, 9.9 and 10 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/9, 9.1, 9.9, 10, 27].

5) A Complete Description of the Subjects and Issues Involved: Proposed regulations control emissions of volatile organic material ("VOM") at aerospace manufacturing and rework operations located in the counties of Madison, Monroe, and St. Clair ("Metro-East area"). The proposal responds to information indicating that an aerospace facility plans to expand operations in the Metro-East area and is intended to ensure that limitations specific to aerospace operations are in place.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: Control Technology Guidelines for Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations, Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, NC, December 1997.

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? No

10) Are there any other rulemakings to this Part pending? No

ILLINOIS REGISTER 17149 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

11) Statement of Statewide Policy Objective: This proposed amendment does not create or enlarge a state mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3].

12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: The Board will accept written public comments on this proposal for a period of at least 45 days after the date of publication in the Illinois Register. Public comments should refer to Docket R21-18 and be filed electronically through the Clerk's Office On- Line (COOL) on the Board's website at pcb.illinois.gov. Public comments may be addressed to:

Clerk's Office Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago IL 60601

Interested persons may download copies of the Board's opinions and orders in R21-18 from the Board's Web site at pcb.illinois.gov and may also request copies by calling the Clerk's office at 312/814-3620.

13) 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: The new and amended definitions proposed in Part 211 will not themselves require recordkeeping or reporting procedures for compliance.

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: The Board does not expect that the proposed rules will impact small business.

15) Regulatory Agenda on which this rulemaking was summarized: This rule did not appear in a regulatory agenda because the need for it was unanticipated.

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 17150 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES

PART 211 DEFINITIONS AND GENERAL PROVISIONS

SUBPART A: GENERAL PROVISIONS

Section 211.101 Incorporated and Referenced Materials 211.102 Abbreviations and Conversion Factors

SUBPART B: DEFINITIONS

Section 211.121 Other Definitions 211.122 Definitions (Repealed) 211.125 Ablative Coating 211.130 Accelacota 211.150 Accumulator 211.170 Acid Gases 211.200 Acrylonitrile Butadiene Styrene (ABS) Welding 211.210 Actual Heat Input 211.230 Adhesive 211.233 Adhesion Primer 211.234 Adhesive Bonding Primer 211.235 Adhesive Primer 211.240 Adhesion Promoter 211.245 Adhesion Promoter for Aerospace Applications 211.250 Aeration 211.260 Aerosol Adhesive and Adhesive Primer 211.270 Aerosol Can Filling Line 211.271 Aerosol Coating 211.272 Aerospace Coating 211.273 Aerospace Coating Operation 211.275 Aerospace Flexible Primer

ILLINOIS REGISTER 17151 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.277 Aerospace Facility 211.278 Aerospace Pretreatment Coating 211.280 Aerospace Primer 211.284 Aerospace Specialty Coating 211.289 Aerospace Vehicle or Component 211.290 Afterburner 211.300 Aircraft Fluid Systems 211.303 Aircraft Transparencies 211.310 Air Contaminant 211.330 Air Dried Coatings 211.350 Air Oxidation Process 211.370 Air Pollutant 211.390 Air Pollution 211.410 Air Pollution Control Equipment 211.430 Air Suspension Coater/Dryer 211.450 Airless Spray 211.470 Air Assisted Airless Spray 211.474 Alcohol 211.479 Allowance 211.481 Ammunition Sealant 211.484 Animal 211.485 Animal Pathological Waste 211.490 Annual Grain Through-Put 211.491 Antichafe Coating 211.492 Antifoulant Coating 211.493 Antifouling Sealer/Tie Coat 211.495 Anti-Glare/Safety Coating 211.500 Antique Aerospace Vehicle or Component 211.510 Application Area 211.520 Aqueous Cleaning Solvent 211.530 Architectural Coating 211.540 Architectural Structure 211.550 As Applied 211.560 As-Applied Fountain Solution 211.570 Asphalt 211.590 Asphalt Prime Coat 211.610 Automobile 211.630 Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty Truck Manufacturing Plant

ILLINOIS REGISTER 17152 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.650 Automobile or Light-Duty Truck Refinishing 211.660 Automotive/Transportation Plastic Parts 211.665 Auxiliary Boiler 211.670 Baked Coatings 211.680 Bakery Oven 211.685 Basecoat/Clearcoat System 211.690 Batch Loading 211.695 Batch Operation 211.696 Batch Process Train 211.710 Bead-Dipping 211.712 Bearing Coating 211.715 Bedliner 211.730 Binders 211.735 Black Coating 211.737 Bonding Maskant 211.740 Brakehorsepower (rated-bhp) 211.750 British Thermal Unit 211.770 Brush or Wipe Coating 211.790 Bulk Gasoline Plant 211.810 Bulk Gasoline Terminal 211.820 Business Machine Plastic Parts 211.825 Camouflage Coating 211.830 Can 211.850 Can Coating 211.870 Can Coating Line 211.880 Cap Sealant 211.890 Capture 211.910 Capture Device 211.930 Capture Efficiency 211.950 Capture System 211.953 Carbon Adsorber 211.954 Cavity Wax 211.955 Cement 211.960 Cement Kiln 211.965 Ceramic Tile Installation Adhesive 211.970 Certified Investigation 211.975 Chemical Agent-Resistant Coating 211.980 Chemical Manufacturing Process Unit 211.985 Chemical Milling Maskant

ILLINOIS REGISTER 17153 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.990 Choke Loading 211.995 Circulating Fluidized Bed Combustor 211.1000 Class II Finish 211.1010 Clean Air Act 211.1050 Cleaning and Separating Operation 211.1070 Cleaning Materials 211.1090 Clear Coating 211.1095 Clear Coating for Aerospace Applications 211.1110 Clear Topcoat 211.1120 Clinker 211.1128 Closed Molding 211.1130 Closed Purge System 211.1150 Closed Vent System 211.1170 Coal Refuse 211.1190 Coating 211.1210 Coating Applicator 211.1230 Coating Line 211.1250 Coating Plant 211.1270 Coil Coating 211.1290 Coil Coating Line 211.1310 Cold Cleaning 211.1312 Combined Cycle System 211.1315 Combustion Tuning 211.1316 Combustion Turbine 211.1320 Commence Commercial Operation 211.1324 Commence Operation 211.1326 Commercial Exterior Aerodynamic Structure Primer 211.1327 Commercial Interior Adhesive 211.1328 Common Stack 211.1329 Compatible Substrate Primer 211.1330 Complete Combustion 211.1350 Component 211.1370 Concrete Curing Compounds 211.1390 Concentrated Nitric Acid Manufacturing Process 211.1410 Condensate 211.1430 Condensible PM-10 211.1432 Confined Space 211.1435 Container Glass 211.1455 Contact Adhesive

ILLINOIS REGISTER 17154 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.1465 Continuous Automatic Stoking 211.1467 Continuous Coater 211.1470 Continuous Process 211.1490 Control Device 211.1510 Control Device Efficiency 211.1515 Control Period 211.1520 Conventional Air Spray 211.1530 Conventional Soybean Crushing Source 211.1550 Conveyorized Degreasing 211.1555 Corrosion Prevention System 211.1560 Cove Base 211.1565 Cove Base Installation Adhesive 211.1567 Critical Use and Line Sealer Maskant 211.1570 Crude Oil 211.1590 Crude Oil Gathering 211.1610 Crushing 211.1620 Cryogenic Flexible Primer 211.1625 Cryoprotective Coating 211.1630 Custody Transfer 211.1650 Cutback Asphalt 211.1655 Cyanoacrylate Adhesive 211.1670 Daily-Weighted Average VOM Content 211.1690 Day 211.1700 Deadener 211.1710 Degreaser 211.1730 Delivery Vessel 211.1735 Department of Defense Classified Coating 211.1740 Diesel Engine 211.1745 Digital Printing 211.1750 Dip Coating 211.1770 Distillate Fuel Oil 211.1780 Distillation Unit 211.1790 Drum 211.1810 Dry Cleaning Operation or Dry Cleaning Facility 211.1820 Dry Lubricative Material for Aerospace Applications 211.1830 Dump-Pit Area 211.1850 Effective Grate Area 211.1870 Effluent Water Separator 211.1872 Ejection Cartridge Sealant

ILLINOIS REGISTER 17155 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.1875 Elastomeric Materials 211.1876 Electric Dissipating Coating 211.1877 Electric-Insulating Varnish 211.1878 Electrical Apparatus Component 211.1880 Electrical Switchgear Compartment Coating 211.1882 Electrodeposition Primer (EDP) 211.1883 Electromagnetic Interference/Radio Frequency Interference (EMI/RFI) Shielding Coatings 211.1885 Electronic Component 211.1890 Electrostatic Bell or Disc Spray 211.1895 Electrostatic Discharge and Electromagnetic Interference Coating 211.1900 Electrostatic Prep Coat 211.1910 Electrostatic Spray 211.1915 Elevated-Temperature Skydrol-Resistant Commercial Primer 211.1920 Emergency or Standby Unit 211.1930 Emission Rate 211.1950 Emission Unit 211.1970 Enamel 211.1990 Enclose 211.2010 End Sealing Compound Coat 211.2030 Enhanced Under-the-Cup Fill 211.2035 Epoxy Polyamide Topcoat 211.2040 Etching Filler 211.2050 Ethanol Blend Gasoline 211.2055 Ethylene Propylenediene Monomer (DPDM) Roof Membrane 211.2070 Excess Air 211.2080 Excess Emissions 211.2090 Excessive Release 211.2110 Existing Grain-Drying Operation (Repealed) 211.2130 Existing Grain-Handling Operation (Repealed) 211.2150 Exterior Base Coat 211.2170 Exterior End Coat 211.2180 Exterior Primer for Large Commercial Aircraft 211.2190 External Floating Roof 211.2200 Extreme High-Gloss Coating 211.2210 Extreme Performance Coating 211.2230 Fabric Coating 211.2250 Fabric Coating Line 211.2270 Federally Enforceable Limitations and Conditions

ILLINOIS REGISTER 17156 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.2285 Feed Mill 211.2290 Fermentation Time 211.2300 Fill 211.2310 Final Repair Coat 211.2320 Finish Primer Surfacer 211.2330 Firebox 211.2340 Fire-Resistant Interior Coating 211.2350 Fixed-Roof Tank 211.2355 Flare 211.2357 Flat Glass 211.2358 Flat Wood Paneling 211.2359 Flat Wood Paneling Coating Line 211.2360 Flexible Coating 211.2365 Flexible Operation Unit 211.2368 Flexible Packaging 211.2369 Flexible Vinyl 211.2370 Flexographic Printing 211.2390 Flexographic Printing Line 211.2400 Flight Test Coating 211.2410 Floating Roof 211.2412 Flush Cleaning at Aerospace Facilities 211.2415 Fog Coat 211.2420 Fossil Fuel 211.2425 Fossil Fuel-Fired 211.2430 Fountain Solution 211.2450 Freeboard Height 211.2470 Fuel Combustion Emission Unit or Fuel Combustion Emission Source 211.2480 Fuel Tank Adhesive for Aerospace Applications 211.2485 Fuel Tank Coating for Aerospace Applications 211.2490 Fugitive Particulate Matter 211.2510 Full Operating Flowrate 211.2525 Gasket/Gasket Sealing Material 211.2530 Gas Service 211.2550 Gas/Gas Method 211.2570 Gasoline 211.2590 Gasoline Dispensing Operation or Gasoline Dispensing Facility 211.2610 Gel Coat 211.2612 General Aviation 211.2613 General Aviation Rework Facility

ILLINOIS REGISTER 17157 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.2615 General Work Surface 211.2620 Generator 211.2622 Glass Bonding Primer 211.2625 Glass Melting Furnace 211.2630 Gloss Reducers 211.2650 Grain 211.2670 Grain-Drying Operation 211.2690 Grain-Handling and Conditioning Operation 211.2710 Grain-Handling Operation 211.2730 Green-Tire Spraying 211.2750 Green Tires 211.2770 Gross Heating Value 211.2790 Gross Vehicle Weight Rating 211.2795 Hand-Wipe Cleaning Operation at Aerospace Facilities 211.2800 Hardwood Plywood 211.2810 Heated Airless Spray 211.2815 Heat Input 211.2820 Heat Input Rate 211.2825 Heat-Resistant Coating 211.2830 Heatset 211.2840 Heatset Web Letterpress Printing Line 211.2850 Heatset Web Offset Lithographic Printing Line 211.2870 Heavy Liquid 211.2890 Heavy Metals 211.2910 Heavy Off-Highway Vehicle Products 211.2930 Heavy Off-Highway Vehicle Products Coating 211.2950 Heavy Off-Highway Vehicle Products Coating Line 211.2955 High Bake Coating 211.2956 High Build Primer Surfacer 211.2958 High Gloss Coating 211.2960 High-Performance Architectural Coating 211.2965 High Precision Optic 211.2970 High Temperature Aluminum Coating 211.2980 High Temperature Coating 211.2990 High Volume Low Pressure (HVLP) Spray 211.3010 Hood 211.3030 Hot Well 211.3050 Housekeeping Practices 211.3070 Incinerator

ILLINOIS REGISTER 17158 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.3090 Indirect Heat Transfer 211.3095 Indoor Floor Covering Installation Adhesive 211.3100 Industrial Boiler 211.3110 Ink 211.3120 In-Line Repair 211.3130 In-Process Tank 211.3150 In-Situ Sampling Systems 211.3160 Insulation Covering 211.3170 Interior Body Spray Coat 211.3180 Intermediate Release Coating 211.3190 Internal-Floating Roof 211.3210 Internal Transferring Area 211.3215 Janitorial Cleaning 211.3230 Lacquers 211.3240 Laminate 211.3250 Large Appliance 211.3270 Large Appliance Coating 211.3290 Large Appliance Coating Line 211.3300 Lean-Burn Engine 211.3305 Letterpress Printing Line 211.3310 Light Liquid 211.3330 Light-Duty Truck 211.3350 Light Oil 211.3355 Lime Kiln 211.3360 Limited Access Space 211.3370 Liquid/Gas Method 211.3390 Liquid-Mounted Seal 211.3410 Liquid Service 211.3430 Liquids Dripping 211.3450 Lithographic Printing Line 211.3470 Load-Out Area 211.3475 Load Shaving Unit 211.3480 Loading Event 211.3483 Long Dry Kiln 211.3485 Long Wet Kiln 211.3487 Low-NOx Burner 211.3490 Low Solvent Coating 211.3500 Lubricating Oil 211.3505 Lubricating Wax/Compound

ILLINOIS REGISTER 17159 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.3510 Magnet Wire 211.3530 Magnet Wire Coating 211.3550 Magnet Wire Coating Line 211.3555 Maintenance Cleaning 211.3570 Major Dump Pit 211.3590 Major Metropolitan Area (MMA) 211.3610 Major Population Area (MPA) 211.3620 Manually Operated Equipment 211.3630 Manufacturing Process 211.3650 Marine Terminal 211.3660 Marine Vessel 211.3665 Mask Coating 211.3670 Material Recovery Section 211.3690 Maximum Theoretical Emissions 211.3695 Maximum True Vapor Pressure 211.3705 Medical Device 211.3707 Medical Device and Pharmaceutical Manufacturing 211.3710 Metal Furniture 211.3730 Metal Furniture Coating 211.3750 Metal Furniture Coating Line 211.3755 Metalized Epoxy Coating 211.3760 Metallic Coating 211.3770 Metallic Shoe-Type Seal 211.3775 Metal to Urethane/Rubber Molding or Casting Adhesive 211.3780 Mid-Kiln Firing 211.3785 Military Specification Coating 211.3790 Miscellaneous Fabricated Product Manufacturing Process 211.3810 Miscellaneous Formulation Manufacturing Process 211.3820 Miscellaneous Industrial Adhesive Application Operation 211.3830 Miscellaneous Metal Parts and Products 211.3850 Miscellaneous Metal Parts and Products Coating 211.3870 Miscellaneous Metal Parts or Products Coating Line 211.3890 Miscellaneous Organic Chemical Manufacturing Process 211.3910 Mixing Operation 211.3915 Mobile Equipment 211.3920 Mold Release Coating for Aerospace Applications 211.3925 Mold Seal Coating 211.3930 Monitor 211.3950 Monomer

ILLINOIS REGISTER 17160 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.3960 Motor Vehicles 211.3961 Motor Vehicle Adhesive 211.3965 Motor Vehicle Refinishing 211.3966 Motor Vehicle Weatherstrip Adhesive 211.3967 Mouth Waterproofing Sealant 211.3968 Multi-Colored Coating 211.3969 Multi-Component Coating 211.3970 Multiple Package Coating 211.3975 Multipurpose Construction Adhesive 211.3980 Nameplate Capacity 211.3985 Natural Finish Hardwood Plywood Panel 211.3990 New Grain-Drying Operation (Repealed) 211.4010 New Grain-Handling Operation (Repealed) 211.4030 No Detectable Volatile Organic Material Emissions 211.4050 Non-Contact Process Water Cooling Tower 211.4052 Non-Convertible Coating 211.4055 Non-Flexible Coating 211.4065 Non-Heatset 211.4066 Nonstructural Adhesive 211.4067 NOx Trading Program 211.4070 Offset 211.4080 One-Component Coating 211.4090 One Hundred Percent Acid 211.4110 One-Turn Storage Space 211.4130 Opacity 211.4150 Opaque Stains 211.4170 Open Top Vapor Degreasing 211.4190 Open-Ended Valve 211.4210 Operator of a Gasoline Dispensing Operation or Operator of a Gasoline Dispensing Facility 211.4215 Optical Antireflection Coating 211.4220 Optical Coating 211.4230 Organic Compound 211.4250 Organic Material and Organic Materials 211.4260 Organic Solvent 211.4270 Organic Vapor 211.4280 Other Glass 211.4285 Outdoor Floor Covering Installation Adhesive 211.4290 Oven

ILLINOIS REGISTER 17161 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.4310 Overall Control 211.4330 Overvarnish 211.4350 Owner of a Gasoline Dispensing Operation or Owner of a Gasoline Dispensing Facility 211.4370 Owner or Operator 211.4390 Packaging Rotogravure Printing 211.4410 Packaging Rotogravure Printing Line 211.4430 Pail 211.4450 Paint Manufacturing Source or Paint Manufacturing Plant 211.4455 Pan-Backing Coating 211.4460 Panel 211.4470 Paper Coating 211.4490 Paper Coating Line 211.4510 Particulate Matter 211.4530 Parts Per Million (Volume) or PPM (Vol) 211.4535 Part Marking Aerospace Coating 211.4540 Perimeter Bonded Sheet Flooring 211.4550 Person 211.4590 Petroleum 211.4610 Petroleum Liquid 211.4630 Petroleum Refinery 211.4650 Pharmaceutical 211.4670 Pharmaceutical Coating Operation 211.4690 Photochemically Reactive Material 211.4710 Pigmented Coatings 211.4720 Pipeline Natural Gas 211.4730 Plant 211.4735 Plastic 211.4740 Plastic Part 211.4750 Plasticizers 211.4760 Plastic Solvent Welding Adhesive 211.4765 Plastic Solvent Welding Adhesive Primer 211.4768 Pleasure Craft 211.4769 Pleasure Craft Surface Coating 211.4770 PM-10 211.4790 Pneumatic Rubber Tire Manufacture 211.4810 Polybasic Organic Acid Partial Oxidation Manufacturing Process 211.4830 Polyester Resin Material(s) 211.4850 Polyester Resin Products Manufacturing Process

ILLINOIS REGISTER 17162 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.4870 Polystyrene Plant 211.4890 Polystyrene Resin 211.4895 Polyvinyl Chloride Plastic (PVC Plastic) 211.4900 Porous Material 211.4910 Portable Grain-Handling Equipment 211.4930 Portland Cement Manufacturing Process Emission Source 211.4950 Portland Cement Process or Portland Cement Manufacturing Plant 211.4960 Potential Electrical Output Capacity 211.4970 Potential to Emit 211.4990 Power Driven Fastener Coating 211.5010 Precoat 211.5012 Prefabricated Architectural Coating 211.5015 Preheater Kiln 211.5020 Preheater/Precalciner Kiln 211.5030 Pressure Release 211.5050 Pressure Tank 211.5060 Pressure/Vacuum Relief Valve 211.5061 Pretreatment Coating 211.5062 Pretreatment Wash Primer 211.5065 Primary Product 211.5070 Prime Coat 211.5072 Primer for General Aviation Rework Facility 211.5075 Primer Sealant 211.5080 Primer Sealer 211.5090 Primer Surfacer Coat 211.5110 Primer Surfacer Operation 211.5130 Primers 211.5140 Printed Interior Panel 211.5150 Printing 211.5170 Printing Line 211.5185 Process Emission Source 211.5190 Process Emission Unit 211.5195 Process Heater 211.5210 Process Unit 211.5230 Process Unit Shutdown 211.5245 Process Vent 211.5250 Process Weight Rate 211.5270 Production Equipment Exhaust System 211.5310 Publication Rotogravure Printing Line

ILLINOIS REGISTER 17163 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.5330 Purged Process Fluid 211.5335 Radiation Effect Coating 211.5336 Radiation-Effect or Electric Coating 211.5338 Radome 211.5339 Rain Erosion-Resistant Coating 211.5340 Rated Heat Input Capacity 211.5350 Reactor 211.5370 Reasonably Available Control Technology (RACT) 211.5390 Reclamation System 211.5400 Red Coating 211.5410 Refiner 211.5430 Refinery Fuel Gas 211.5450 Refinery Fuel Gas System 211.5470 Refinery Unit or Refinery Process Unit 211.5480 Reflective Argent Coating 211.5490 Refrigerated Condenser 211.5500 Regulated Air Pollutant 211.5510 Reid Vapor Pressure 211.5520 Reinforced Plastic Composite 211.5530 Repair 211.5535 Repair Cleaning 211.5550 Repair Coat 211.5570 Repaired 211.5580 Repowering 211.5585 Research and Development Operation 211.5590 Residual Fuel Oil 211.5600 Resist Coat 211.5610 Restricted Area 211.5630 Retail Outlet 211.5640 Rich-Burn Engine 211.5650 Ringelmann Chart 211.5670 Roadway 211.5675 Rocket Motor Bonding Adhesive 211.5680 Rocket Motor Nozzle Coating 211.5690 Roll Coater 211.5710 Roll Coating 211.5730 Roll Printer 211.5750 Roll Printing 211.5770 Rotogravure Printing

ILLINOIS REGISTER 17164 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.5790 Rotogravure Printing Line 211.5800 Rubber 211.5805 Rubber-Based Adhesive 211.5810 Safety Relief Valve 211.5830 Sandblasting 211.5850 Sanding Sealers 211.5855 Scale Inhibitor 211.5860 Scientific Instrument 211.5870 Screening 211.5875 Screen Printing 211.5880 Screen Printing on Paper 211.5883 Screen Print Ink for Aerospace Applications 211.5885 Screen Reclamation 211.5887 Sealant for Aerospace Applications 211.5890 Sealer 211.5895 Seal Coat Maskant 211.5900 Self-Priming Topcoat for Aerospace Applications 211.5905 Self-Priming Topcoat for General Aviation Rework Facility 211.5907 Semi-Aqueous Cleaning Solvent 211.5910 Semi-Transparent Stains 211.5930 Sensor 211.5950 Set of Safety Relief Valves 211.5970 Sheet Basecoat 211.5980 Sheet-Fed 211.5985 Sheet Rubber Lining Installation 211.5987 Shock-Free Coating 211.5990 Shotblasting 211.6010 Side-Seam Spray Coat 211.6012 Silicone-Release Coating 211.6013 Silicone Insulation Material 211.6015 Single-Ply Roof Membrane 211.6017 Single-Ply Roof Membrane Adhesive Primer 211.6020 Single-Ply Roof Membrane Installation and Repair Adhesive 211.6025 Single Unit Operation 211.6030 Smoke 211.6050 Smokeless Flare 211.6055 Smoothing and Caulking Compounds 211.6060 Soft Coat 211.6063 Solar-Absorbent Coating

ILLINOIS REGISTER 17165 20 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

211.6064 Solid Film Lubricant 211.6065 Solids Turnover Ratio (RT) 211.6070 Solvent 211.6090 Solvent Cleaning 211.6110 Solvent Recovery System 211.6130 Source 211.6133 Space Vehicle 211.6137 Specialized Function Coating 211.6140 Specialty Coatings 211.6145 Specialty Coatings for Motor Vehicles 211.6150 Specialty High Gloss Catalyzed Coating 211.6170 Specialty Leather 211.6190 Specialty Soybean Crushing Source 211.6210 Splash Loading 211.6230 Stack 211.6250 Stain Coating 211.6270 Standard Conditions 211.6290 Standard Cubic Foot (scf) 211.6310 Start-Up 211.6330 Stationary Emission Source 211.6350 Stationary Emission Unit 211.6355 Stationary Gas Turbine 211.6360 Stationary Reciprocating Internal Combustion Engine 211.6370 Stationary Source 211.6390 Stationary Storage Tank 211.6400 Stencil Coat 211.6405 Sterilization Indicating Ink 211.6410 Storage Tank or Storage Vessel 211.6420 Strippable Spray Booth Coating 211.6425 Stripping 211.6426 Structural Autoclavable Adhesive for Aerospace Applications 211.6427 Structural Glazing 211.6428 Structural Nonautoclavable Adhesive for Aerospace Applications 211.6430 Styrene Devolatilizer Unit 211.6450 Styrene Recovery Unit 211.6460 Subfloor 211.6470 Submerged Loading Pipe 211.6490 Substrate 211.6510 Sulfuric Acid Mist

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211.6530 Surface Condenser 211.6535 Surface Preparation 211.6540 Surface Preparation Materials 211.6550 Synthetic Organic Chemical or Polymer Manufacturing Plant 211.6570 Tablet Coating Operation 211.6575 Temporary Protective Coating for Aerospace Applications 211.6580 Texture Coat 211.6583 Thermal Control Coating for Aerospace Applications 211.6585 Thin Metal Laminating Adhesive 211.6587 Thin Particleboard 211.6590 Thirty-Day Rolling Average 211.6610 Three-Piece Can 211.6620 Three or Four Stage Coating System 211.6630 Through-the-Valve Fill 211.6635 Tileboard 211.6640 Tire Repair 211.6650 Tooling Resin 211.6670 Topcoat 211.6685 Topcoat for General Aviation Rework Facility 211.6690 Topcoat Operation 211.6695 Topcoat System 211.6710 Touch-Up 211.6720 Touch-Up Coating 211.6730 Transfer Efficiency 211.6740 Translucent Coating 211.6750 Tread End Cementing 211.6770 True Vapor Pressure 211.6780 Trunk Interior Coating 211.6790 Turnaround 211.6810 Two-Piece Can 211.6825 Underbody Coating 211.6830 Under-the-Cup Fill 211.6850 Undertread Cementing 211.6860 Uniform Finish Blender 211.6870 Unregulated Safety Relief Valve 211.6880 Vacuum Metallizing 211.6885 Vacuum Metalizing Coating 211.6890 Vacuum Producing System 211.6910 Vacuum Service

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211.6930 Valves Not Externally Regulated 211.6950 Vapor Balance System 211.6970 Vapor Collection System 211.6990 Vapor Control System 211.7010 Vapor-Mounted Primary Seal 211.7030 Vapor Recovery System 211.7050 Vapor-Suppressed Polyester Resin 211.7070 Vinyl Coating 211.7090 Vinyl Coating Line 211.7110 Volatile Organic Liquid (VOL) 211.7130 Volatile Organic Material Content (VOMC) 211.7150 Volatile Organic Material (VOM) or Volatile Organic Compound (VOC) 211.7170 Volatile Petroleum Liquid 211.7190 Wash Coat 211.7200 Washoff Operations 211.7210 Wastewater (Oil/Water) Separator 211.7220 Waterproof Resorcinol Glue 211.7230 Weak Nitric Acid Manufacturing Process 211.7240 Weatherstrip Adhesive 211.7250 Web 211.7260 Wet Fastener Installation Coating 211.7275 Wing Coating 211.7270 Wholesale Purchase − Consumer 211.7290 Wood Furniture 211.7310 Wood Furniture Coating 211.7330 Wood Furniture Coating Line 211.7350 Woodworking 211.7400 Yeast Percentage

211.APPENDIX A Rule into Section Table 211.APPENDIX B Section into Rule Table

AUTHORITY: Implementing Sections 9, 9.1, 9.9 and 10 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/9, 9.1, 9.9, 10, and 27].

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201: Definitions, R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R74-2 and R75-5, 32 PCB 295, at 3 Ill. Reg. 5, p. 777, effective February 3, 1979; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. Reg. 30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 21,

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1983; codified at 7 Ill. Reg. 13590; amended in R82-1 (Docket A) at 10 Ill. Reg. 12624, effective July 7, 1986; amended in R85-21(A) at 11 Ill. Reg. 11747, effective June 29, 1987; amended in R86-34 at 11 Ill. Reg. 12267, effective July 10, 1987; amended in R86-39 at 11 Ill. Reg. 20804, effective December 14, 1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 787, effective December 24, 1987; amended in R86-18 at 12 Ill. Reg. 7284, effective April 8, 1988; amended in R86-10 at 12 Ill. Reg. 7621, effective April 11, 1988; amended in R88-23 at 13 Ill. Reg. 10862, effective June 27, 1989; amended in R89-8 at 13 Ill. Reg. 17457, effective January 1, 1990; amended in R89-16(A) at 14 Ill. Reg. 9141, effective May 23, 1990; amended in R88- 30(B) at 15 Ill. Reg. 5223, effective March 28, 1991; amended in R88-14 at 15 Ill. Reg. 7901, effective May 14, 1991; amended in R91-10 at 15 Ill. Reg. 15564, effective October 11, 1991; amended in R91-6 at 15 Ill. Reg. 15673, effective October 14, 1991; amended in R91-22 at 16 Ill. Reg. 7656, effective May 1, 1992; amended in R91-24 at 16 Ill. Reg. 13526, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16504, effective September 27, 1993; amended in R93-11 at 17 Ill. Reg. 21471, effective December 7, 1993; amended in R93-14 at 18 Ill. Reg. 1253, effective January 18, 1994; amended in R94-12 at 18 Ill. Reg. 14962, effective September 21, 1994; amended in R94-14 at 18 Ill. Reg. 15744, effective October 17, 1994; amended in R94-15 at 18 Ill. Reg. 16379, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16929, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6823, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7344, effective May 22, 1995; amended in R95-2 at 19 Ill. Reg. 11066, effective July 12, 1995; amended in R95-16 at 19 Ill. Reg. 15176, effective October 19, 1995; amended in R96-5 at 20 Ill. Reg. 7590, effective May 22, 1996; amended in R96-16 at 21 Ill. Reg. 2641, effective February 7, 1997; amended in R97- 17 at 21 Ill. Reg. 6489, effective May 16, 1997; amended in R97-24 at 21 Ill. Reg. 7695, effective June 9, 1997; amended in R96-17 at 21 Ill. Reg. 7856, effective June 17, 1997; amended in R97-31 at 22 Ill. Reg. 3497, effective February 2, 1998; amended in R98-17 at 22 Ill. Reg. 11405, effective June 22, 1998; amended in R01-9 at 25 Ill. Reg. 108, effective December 26, 2000; amended in R01-11 at 25 Ill. Reg. 4582, effective March 15, 2001; amended in R01-17 at 25 Ill. Reg. 5900, effective April 17, 2001; amended in R05-16 at 29 Ill. Reg. 8181, effective May 23, 2005; amended in R05-11 at 29 Ill. Reg. 8892, effective June 13, 2005; amended in R04-12/20 at 30 Ill. Reg. 9654, effective May 15, 2006; amended in R07-18 at 31 Ill. Reg. 14254, effective September 25, 2007; amended in R08-6 at 32 Ill. Reg. 1387, effective January 16, 2008; amended in R07-19 at 33 Ill. Reg. 11982, effective August 6, 2009; amended in R08- 19 at 33 Ill. Reg. 13326, effective August 31, 2009; amended in R10-7 at 34 Ill. Reg. 1391, effective January 11, 2010; amended in R10-8 at 34 Ill. Reg. 9069, effective June 25, 2010; amended in R10-20 at 34 Ill. Reg. 14119, effective September 14, 2010; amended in R11-23 at 35 Ill. Reg. 13451, effective July 27, 2011; amended in R12-24 at 37 Ill. Reg. 1662, effective January 28, 2013; amended in R13-1 at 37 Ill. Reg. 1913, effective February 4, 2013; amended in R14-7 at 37 Ill. Reg. 19824, effective November 27, 2013; amended in R14-16 at 38 Ill. Reg. 12876, effective June 9, 2014; amended in R15-5 at 39 Ill. Reg. 5410, effective March 24, 2015;

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NOTICE OF PROPOSED AMENDMENTS amended in R17-2 at 41 Ill. Reg. 1096, effective January 23, 2017; amended in R17-9 at 41 Ill. Reg. 4173, effective March 24, 2017; amended in R17-11 at 41 Ill. Reg. 13389, effective October 23, 2017; amended in R19-15 at 44 Ill. Reg. 14199, effective August 18, 2020; amended in R19-1 at 44 Ill. Reg. 15009, effective September 4, 2020; amended in R21-18 at 45 Ill. Reg. ______, effective ______.

SUBPART B: DEFINITIONS

Section 211.125 Ablative Coating

"Ablative coating" means a coating that chars when exposed to open flame or extreme temperatures, as would occur during the failure of an engine casing or during aerodynamic heating. The ablative char surface serves as an insulative barrier, protecting adjacent components from the heat or open flame.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.234 Adhesive Bonding Primer

"Adhesive bonding primer" means a primer applied in a thin film to aerospace components for the purpose of corrosion inhibition and increased adhesive bond strength by attachment. There are two categories of adhesive bonding primers: primers with a design cure at 250°F or below and primers with a design cure above 250°F.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.245 Adhesion Promoter for Aerospace Applications

"Adhesion promoter for aerospace applications" means a very thin coating applied to a substrate to promote wetting and form a chemical bond with the subsequently applied material.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.271 Aerosol Coating

"Aerosol coating" means a hand-held, pressurized, nonrefillable container that expels an adhesive or a coating in a finely divided spray when a valve on the container is depressed.

(Source: Added at 45 Ill. Reg. ______, effective ______)

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Section 211.272 Aerospace Coating

"Aerospace coating" means a material that is applied to the surface of an aerospace vehicle or component to form a decorative, protective, or functional solid film, or the solid film itself.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.273 Aerospace Coating Operation

"Aerospace coating operation" means using a spray booth, tank, or other enclosure or any area, such as a hangar, for applying a single type of aerospace coating at an aerospace facility. Using the same spray booth for applying another type of coating (e.g., a topcoat after having previously applied a primer) constitutes a separate aerospace coating operation for which compliance determinations are performed separately.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.275 Aerospace Flexible Primer

"Aerospace flexible primer" means a primer for aerospace use that meets flexibility requirements such as those needed for adhesive bond-primed fastener heads or on surfaces expected to contain fuel. The aerospace flexible coating is required because it provides a compatible, flexible substrate over bonded sheet rubber and rubber-type coatings, as well as a flexible bridge between the fasteners, skin, and skin-to-skin joints on outer aircraft skins. This flexible bridge allows more topcoat flexibility around fasteners and decreases the chance of the topcoat cracking around the fasteners. The result is better corrosion resistance.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.277 Aerospace Facility

"Aerospace facility" means any facility that produces, reworks, or repairs any commercial, civil, or military aerospace vehicle or component.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.278 Aerospace Pretreatment Coating

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"Aerospace pretreatment coating" means an organic coating that contains at least 0.5 percent acids by weight and is applied directly to metal or composite surfaces to provide surface etching, corrosion resistance, adhesion, and ease of stripping.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.280 Aerospace Primer

"Aerospace primer" means the first layer and any subsequent layers of identically formulated coating applied to the surface of an aerospace vehicle or component. Primers are typically used for corrosion prevention, protection from the environment, functional fluid resistance, and adhesion of subsequent coatings. Primers that are listed as specialty coatings in 35 Ill. Adm. Code 219.204(r)(2) are not included under this definition.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.284 Aerospace Specialty Coating

"Aerospace specialty coating" means a coating that, even though it meets the definition of a primer, topcoat, or self-priming topcoat, has additional performance criteria beyond those of primers, topcoats, and self-priming topcoats for specific applications. These performance criteria may include, but are not limited to, temperature or fire resistance, substrate compatibility, antireflection, temporary protection or marking, sealing, adhesively joining substrates, or enhanced corrosion protection. Aerospace specialty coatings are listed in 35 Ill. Adm. Code 219.204(r)(2).

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.289 Aerospace Vehicle or Component

"Aerospace vehicle or component" means any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft, including airplanes, helicopters, missiles, rockets, and space vehicles. This term includes any raw material, partial or completed fabricated part, assembly of parts, or completed unit of any aircraft, helicopter, missile, or space vehicle, including mockups and prototypes, models, molds, jigs, tooling, hardware jackets, and test coupons.

(Source: Added at 45 Ill. Reg. ______, effective ______)

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Section 211.300 Aircraft Fluid Systems

"Aircraft fluid systems" means those systems that handle hydraulic fluids, fuel, cooling fluids, or oils.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.303 Aircraft Transparencies

"Aircraft transparencies" means the aircraft windshield, canopy, passenger windows, lenses and other components that are constructed of transparent materials.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.491 Antichafe Coating

"Antichafe coating" means a coating applied to areas of moving aerospace components that may rub during normal operations or installation.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.500 Antique Aerospace Vehicle or Component

"Antique aerospace vehicle or component" means an aircraft or a component of an aircraft that is at least 30 years old and is not routinely in commercial or military service in the capacity for which it was designed.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.520 Aqueous Cleaning Solvent

"Aqueous cleaning solvent" means a cleaning solvent in which water is the primary ingredient (at least 80 percent of the cleaning solvent solution, as applied, must be water). Detergents, surfactants, and bioenzyme mixtures and nutrients may be combined with the water, along with a variety of additives, such as organic solvents (e.g., high boiling point alcohols), builders, saponifiers, inhibitors, emulsifiers, pH buffers, and antifoaming agents. Aqueous solutions must have a flash point greater than 93°C (200°F) (as reported by the manufacturer), and the solution must be miscible with water.

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(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.712 Bearing Coating

"Bearing coating" means a coating applied to an antifriction bearing, a bearing housing, or the area adjacent to such a bearing in order to facilitate bearing function or to protect base material from excessive wear. A material shall not be classified as a bearing coating if it can also be classified as a dry lubricative material or a solid film lubricant.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.737 Bonding Maskant

"Bonding maskant" means a temporary coating used to protect selected areas of aerospace parts from strong acid or alkaline solutions during processing for bonding.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.975 Chemical Agent-Resistant Coating

"Chemical agent-resistant coating" means an exterior topcoat designed to withstand exposure to chemical warfare agents or the decontaminants used on these agents.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.985 Chemical Milling Maskant

"Chemical milling maskant" means a coating that is applied directly to aluminum components to protect surface areas when chemical milling the component with a Type I or II etchant. Type I chemical milling maskants are used with a Type I etchant and Type II chemical milling maskants are used with a Type II etchant. This definition does not include:

bonding maskants;

critical use and line sealer maskants;

seal coat maskants;

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maskants that must be used with a combination of Type I or II etchants and any of these maskants (i.e., bonding, critical use and line sealer, and seal coat); or

maskants that are listed as aerospace specialty coatings in 35 Ill. Adm. Code 219.204(r)(2).

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1095 Clear Coating for Aerospace Applications

"Clear coating for aerospace applications" means a transparent coating usually applied over a colored opaque coating, metallic substrate, or placard to give improved gloss and protection to the color coat. In some cases, a clearcoat refers to any transparent coating without regard to substrate.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1326 Commercial Exterior Aerodynamic Structure Primer

"Commercial exterior aerodynamic structure primer" means a primer used on aerodynamic components and structures that protrude from the fuselage, such as wings and attached components, control surfaces, horizontal stabilizers, vertical fins, wing-to-body fairings, antennae, and landing gear and doors, for the purpose of extended corrosion protection and enhanced adhesion.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1327 Commercial Interior Adhesive

"Commercial interior adhesive" means materials used in the bonding of passenger cabin interior components. These components must meet the Federal Aviation Administration fireworthiness requirements.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1329 Compatible Substrate Primer

"Compatible substrate primer" means either compatible epoxy primer or adhesive primer. Compatible epoxy primer is primer that is compatible with the filled elastomeric coating and is

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NOTICE OF PROPOSED AMENDMENTS epoxy-based. The compatible substrate primer is an epoxypolyamide primer used to promote adhesion of elastomeric coatings such as impact-resistant coatings. Adhesive primer is a coating that:

inhibits corrosion and serves as a primer applied to bare metal surfaces or prior to adhesive application; or

is applied to surfaces that can be expected to contain fuel.

Fuel tank coatings are excluded from this category.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1432 Confined Space

"Confined space" means a space that is large enough and so configured that an employee can bodily enter and perform assigned work; has limited or restricted means for entry or exit (for example, fuel tanks, fuel vessels, and other spaces that have limited means of entry); and is not suitable for continuous employee occupancy.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1555 Corrosion Prevention System

"Corrosion prevention system" means a coating system that provides corrosion protection by displacing water and penetrating mating surfaces, forming a protective barrier between the metal surface and moisture. Coatings containing oils or waxes are excluded from this definition.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1567 Critical Use and Line Sealer Maskant

"Critical use and line sealer maskant" means a temporary coating, not covered under other maskant categories, used to protect selected areas of aerospace parts from:

strong acid or alkaline solutions such as those used in anodizing, plating, chemical milling, and processing of magnesium, titanium, or high strength steel;

high-precision aluminum chemical milling of deep cuts; and

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aluminum chemical milling of complex shapes.

Materials used for repairs or to bridge gaps left by scribing operations (i.e., line sealer) are also included in this definition.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1620 Cryogenic Flexible Primer

"Cryogenic flexible primer" means a primer designed to provide corrosion resistance, flexibility, and adhesion of subsequent coating systems when exposed to loads up to and surpassing the yield point of the substrate at cryogenic temperatures (-275°F and below).

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1625 Cryoprotective Coating

"Cryoprotective coating" means a coating that insulates cryogenic or subcooled surfaces to limit propellant boil-off, maintain structural integrity of metallic structures during ascent or re-entry, and prevent ice formation.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1735 Department of Defense Classified Coating

"Department of Defense classified coating" means a coating that has been determined pursuant to federal Executive Order 13526, "Classified National Security Information", December 29, 2009, or any successor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1820 Dry Lubricative Material for Aerospace Applications

"Dry lubricative material for aerospace applications" means a coating consisting of lauric acid, cetyl alcohol, waxes, or other noncrosslinked or resin-bound materials that act as a dry lubricant.

(Source: Added at 45 Ill. Reg. ______, effective ______)

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Section 211.1895 Electrostatic Discharge and Electromagnetic Interference Coating

"Electrostatic discharge and electromagnetic interference coating" means a coating applied to space vehicles, missiles, aircraft radomes, and helicopter blades to disperse static energy or reduce electromagnetic interference.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.1915 Elevated-Temperature Skydrol-Resistant Commercial Primer

"Elevated-temperature Skydrol-resistant commercial primer" means a primer applied primarily to commercial aircraft (or commercial aircraft adapted for military use) that must withstand immersion in phosphate-ester hydraulic fluid (Skydrol 500b or equivalent) at 150°F or higher for at least 1,000 hours.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2035 Epoxy Polyamide Topcoat

"Epoxy polyamide topcoat" means a coating used where harder films are required or in some areas where engraving is accomplished in camouflage colors.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2180 Exterior Primer for Large Commercial Aircraft

"Exterior primer for large commercial aircraft" means an aerospace primer, applied to an aircraft of more than 110,000 pounds maximum certified take-off weight, manufactured for non-military use.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2340 Fire-Resistant Interior Coating

"Fire-resistant interior coating" means:

for civilian aircraft, fire-resistant interior coatings used on passenger cabin interior parts that are subject to the Federal Aviation Administration fireworthiness requirements;

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for military aircraft, fire-resistant interior coatings used on parts subject to the flammability requirements of military specifications for aircraft; and

for space applications, fire-resistant interior coatings used on parts subject to NASA flammability requirements for space shuttles and space stations.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2400 Flight Test Coating

"Flight test coating" means a coating applied to aircraft other than missiles or single-use aircraft prior to flight testing to protect the aircraft from corrosion and to provide required marking during flight test evaluation.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2412 Flush Cleaning at Aerospace Facilities

"Flush cleaning at aerospace facilities" means removal of contaminants, such as dirt, grease, oil, and coatings, from an aerospace vehicle or component or from coating equipment by passing solvent over, into, or through the item being cleaned. The solvent may simply be poured into the item being cleaned and then drained, or assisted by air or hydraulic pressure, or by pumping. Hand-wipe cleaning operations in which wiping, scrubbing, mopping, or other hand action are used are not included in this definition.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2480 Fuel Tank Adhesive for Aerospace Applications

"Fuel tank adhesive for aerospace applications" means an adhesive used to bond components exposed to fuel. The adhesive must be compatible with fuel tank coatings.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2485 Fuel Tank Coating for Aerospace Applications

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"Fuel tank coating for aerospace applications" means a coating applied to fuel tank components on an aerospace vehicle for the purpose of corrosion and/or bacterial growth inhibition and to assure sealant adhesion in extreme environmental conditions.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2612 General Aviation

"General aviation" means that segment of civil aviation that encompasses all facets of aviation except air carriers, commuters, and military. General aviation includes charter and corporate- executive transportation, instruction, rental, aerial application, aerial observation, business, pleasure, and other special uses.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2613 General Aviation Rework Facility

"General aviation rework facility" means any aerospace facility with the majority of its revenues resulting from the reconstruction, repair, maintenance, repainting, conversion, or alteration of general aviation aerospace vehicles or components.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2795 Hand-Wipe Cleaning Operation at Aerospace Facilities

"Hand-wipe cleaning at aerospace facilities" means removing contaminants, such as dirt, grease, oil, and coatings, from an aerospace vehicle or component by physically rubbing it with a material such as a rag, paper, or cotton swab that has been moistened with a cleaning solvent.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.2980 High Temperature Coating

"High temperature coating" means, Forfor purposes of 35 Ill. Adm. Code 218 and 219, "high temperature coating" means a coating that is certified to withstand a temperature of 538°C (1000°F) for 24 hours.

For purposes of 35 Ill. Adm. Code 219.204(r), "high temperature coating" means a coating designed to withstand temperatures of more than 350°F.

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(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 211.3160 Insulation Covering

"Insulation covering" means material that is applied to foam insulation to protect the insulation from mechanical or environmental damage.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.3180 Intermediate Release Coating

"Intermediate release coating" means a thin coating applied beneath topcoats to assist in removing the topcoat in depainting operations and generally to allow the use of less hazardous depainting methods.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.3230 Lacquers

"Lacquers" means, with respect to coating of wood furniture, any clear wood finishes formulated, with nitrocellulose or synthetic resins, to dry by evaporation without chemical reaction, including clear lacquer sanding sealers.

For purposes of 35 Ill. Adm. Code 219.204(r), "lacquers" means a clear or pigmented coating formulated, with a nitrocellulose or synthetic resin, to dry by evaporation without a chemical reaction. Lacquers are resoluble in their original solvent.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 211.3360 Limited Access Space

"Limited access space" means internal surfaces or passages of an aerospace vehicle or component that cannot be reached without the aid of an airbrush or a spray gun extension for the application of coatings.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.3755 Metalized Epoxy Coating

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"Metalized epoxy coating" means an epoxy coating that contains relatively large quantities of metallic pigmentation for appearance and/or added protection.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.3850 Miscellaneous Metal Parts and Products Coating

"Miscellaneous metal parts and products coating" means, for purposes of 35 Ill. Adm. Code 218 and 219, any protective, decorative or functional coating applied onto the surface of any metal part or metal product, even if attached to or combined with a nonmetal part or product:;

a) Including but not limited to underbody anti-chip (e.g., underbody plastisol) automobile and light-duty truck coatings;

b) NotBut not including the following coatings, which are subject to separate regulations: can coatings;, coil coatings;, metal furniture coatings;, large appliance coatings;, magnet wire coatings;, and prime coat, primer surfacer coat, topcoat, and final repair coat for automobile and light-duty trucks; and aerospace coatings subject to the requirements of 35 Ill. Adm. Code 219.204(r); and

c) Not including the following coatings: architectural coatings, automobile or light- duty truck refinishing coatings, coatings applied to the exterior of marine vessels, coatings applied to the exterior of airplanes, customized topcoat for automobiles and trucks if production is less than 35thirty-five vehicles per day, and high temperature aluminum coating applied to diesel-electric locomotives in Cook County.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 211.3870 Miscellaneous Metal Parts or Products Coating Line

"Miscellaneous metal parts or products coating line" means, for purposes of 35 Ill. Adm. Code 218 and 219, a coating line in which any protective, decorative, or functional coating is applied onto the surface of any metal part or metal product, even if attached to or combined with a nonmetal part or product:;

a) Including but not limited to underbody anti-chip (e.g., underbody plastisol) automobile and light-duty truck coatings;

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b) NotBut not including the following coatings, which are subject to separate regulations: can coatings;, coil coatings;, metal furniture coatings;, large appliance coatings;, magnet wire coatings;, and prime coat, primer surfacer coat, topcoat and final repair coat for automobile and light-duty trucks; and aerospace coatings subject to the requirements of 35 Ill. Adm. Code 219.204(r); and

c) Not including the following coatings: architectural coatings, automobile or light- duty truck refinishing coatings, coatings applied to the exterior of marine vessels, coatings applied to the exterior of airplanes, customized topcoat for automobiles and trucks if production is less than 35thirty-five vehicles per day, and high temperature aluminum coating applied to diesel-electric locomotives in Cook County.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 211.3920 Mold Release Coating for Aerospace Applications

"Mold release coating for aerospace applications" means a coating applied to a mold surface to prevent the molded piece from sticking to the mold as it is removed.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.4066 Nonstructural Adhesive for Aerospace Applications

"Nonstructural adhesive for aerospace applications" means an adhesive that bonds nonload bearing aerospace components in noncritical applications and is not covered in any other specialty adhesive categories listed in 35 Ill. Adm. Code 219.204(r)(2).

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.4215 Optical Antireflection Coating

"Optical antireflection coating" means a coating with a low reflectance in the infrared and visible wavelength ranges that is used for antireflection on or near optical and laser hardware.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.4535 Part Marking Aerospace Coating

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"Part marking aerospace coating" means coatings or inks used to make identifying markings on aerospace materials, components, or assemblies. These markings may be either permanent or temporary.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5072 Primer for General Aviation Rework Facility

"Primer for general aviation rework facility" means an aerospace primer applied at a general aviation rework facility.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5336 Radiation-Effect or Electric Coating

"Radiation-effect or electric coating" means a coating or coating system engineered to interact, through absorption or reflection, with specific regions of the electromagnetic energy spectrum, such as the ultraviolet, visible, infrared, or microwave regions. Uses include lightning strike protection, electromagnetic pulse protection, and radar avoidance. Coatings that have been designated as "classified" by the Department of Defense are exempt from this definition.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5338 Radome

"Radome" means, for purposes of the definitions of "electrostatic discharge and electromagnetic interference" and "rain erosion-resistant coating", the nonmetallic protective housing for electromagnetic transmitters and receivers (e.g., radar, electronic countermeasures, etc.).

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5339 Rain Erosion-Resistant Coating

"Rain erosion-resistant coating" means a coating or coating system used to protect the leading edges of aerospace parts, such as flaps, stabilizers, radomes, engine inlet nacelles, etc., against erosion caused by rain impact during flight.

(Source: Added at 45 Ill. Reg. ______, effective ______)

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Section 211.5585 Research and Development Operation

"Research and development operationDevelopment Operation" means, for purposes of 35 Ill. Adm. Code 218.187, and 219.187, and 219.204(r), an operation:

whose purpose is for research and development of new processes and products;,

that is conducted under the close supervision of technically trained personnel;, and

that is not involved in the manufacture of final or intermediate products for commercial purposes, except in a de minimis manner.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 211.5675 Rocket Motor Bonding Adhesive

"Rocket motor bonding adhesive" means an adhesive used in rocket motor bonding applications.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5680 Rocket Motor Nozzle Coating

"Rocket motor nozzle coating" means a catalyzed epoxy coating system used in elevated temperature applications on rocket motor nozzles.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5805 Rubber-Based Adhesive

"Rubber-based adhesive" means a quick setting contact cement that provides a strong, yet flexible, bond between two mating surfaces that may be of dissimilar materials.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5855 Scale Inhibitor

"Scale inhibitor" means, for the purposes of 35 Ill. Adm. Code 219.204(r), a coating that is applied to the surface of a part prior to thermal processing to inhibit the formation of scale.

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(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5883 Screen Print Ink for Aerospace Applications

"Screen print ink for aerospace applications" means, for purposes of 35 Ill. Adm. Code 219.204(r), an ink used in screen printing processes during fabrication of decorative laminates and decals at aerospace facilities.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5887 Sealant for Aerospace Applications

"Sealant for aerospace applications" means a material used to prevent the intrusion of water, fuel, air, or other liquids or solids from certain areas of aerospace vehicles or components. There are two categories of sealants: extrudable/rollable/brushable sealants and sprayable sealants.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5895 Seal Coat Maskant

"Seal coat maskant" means an overcoat applied over a maskant to improve abrasion and chemical resistance during production operations.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5900 Self-Priming Topcoat for Aerospace Applications

"Self-priming topcoat for aerospace applications" means a topcoat that is applied directly to an uncoated aerospace vehicle or component for purposes of corrosion prevention, environmental protection, and functional fluid resistance. More than one layer of identical coating formulation may be applied to the vehicle or component. Self-priming topcoats for general aviation rework facilities are not included in this definition.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5905 Self-Priming Topcoat for General Aviation Rework Facility

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"Self-priming topcoat for general aviation rework facility" means a self-priming topcoat applied at a general aviation rework facility.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.5907 Semi-Aqueous Cleaning Solvent

"Semi-aqueous cleaning solvent" means a solution in which water is a primary ingredient (60 percent of the solvent solution, as applied, must be water).

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6013 Silicone Insulation Material

"Silicone insulation material" means an insulating material applied to exterior metal aerospace surfaces for protection from high temperatures caused by atmospheric friction or engine exhaust. These materials differ from ablative coatings in that they are not "sacrificial".

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6055 Smoothing and Caulking Compounds

"Smoothing and caulking compounds" means semi-solid materials that are applied by hand application methods and are used to aerodynamically smooth exterior vehicle surfaces or fill cavities such as bolt hole accesses. A material shall not be classified as a smoothing and caulking compound if it can also be classified as a sealant.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6064 Solid Film Lubricant

"Solid film lubricant" means, for purposes of 35 Ill. Adm. Code 219.204(r), a very thin coating consisting of a binder system containing as its chief pigment material one or more of the following: molybdenum, graphite, polytetrafluoroethylene (PTFE), or other solids that act as a dry lubricant between faying (i.e., closely or tightly fitting) surfaces in aerospace applications.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6133 Space Vehicle

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"Space vehicle" means a man-made device, either manned or unmanned, designed for operation beyond earth's atmosphere. This definition includes integral equipment such as models, mock- ups, prototypes, molds, jigs, tooling, hardware jackets, and test coupons. Also included is auxiliary equipment associated with test, transport, and storage, that, through contamination, can compromise the space vehicle performance.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6137 Specialized Function Coating

"Specialized function coating" means, for purposes of 35 Ill. Adm. Code 219.204(r), a coating that fulfills extremely specific engineering requirements in aerospace applications that are limited in use and are characterized by low volume usage. This category excludes coatings covered in other specialty coating categories in 35 Ill. Adm. Code 219.204(r)(2).

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6426 Structural Autoclavable Adhesive for Aerospace Applications

"Structural autoclavable adhesive for aerospace applications" means an adhesive used to bond load-carrying aerospace components that is cured by heat and pressure in an autoclave.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6428 Structural Nonautoclavable Adhesive for Aerospace Applications

"Structural nonautoclavable adhesive for aerospace applications" means an adhesive cured under ambient conditions that is used to bond load-carrying aerospace components or other critical functions, such as nonstructural bonding in the proximity of engines.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6575 Temporary Protective Coating for Aerospace Applications

"Temporary protective coating for aerospace applications" means a coating applied to aerospace surfaces to provide scratch or corrosion protection during manufacturing, storage, or transportation. Two types include peelable protective coatings and alkaline removable coatings.

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These materials are not intended to protect against strong acid or alkaline solutions. Coatings that provide this type of protection from chemical processing are not included in this category.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6583 Thermal Control Coating for Aerospace Applications

"Thermal control coating for aerospace applications" means a coating formulated with specific thermal conductive or radiative properties to permit temperature control of the aerospace substrate.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6670 Topcoat

"Topcoat" means:

Except as used in 35 Ill. Adm. Code 218.204(a)(2) and (q)(5) and 219.204(a)(2), and (q)(5), and (r), a coating applied to a substrate in a multiple coat operation other than prime coat, primer surfacer coat or final repair coat;

For purposes of 35 Ill. Adm. Code 218.204(a)(2) and 219.204(a)(2), the final coating system applied to provide the final color and/or a protective finish. The topcoat may be a monocoat color or basecoat/clearcoat system. In-line repair and two-tone are part of topcoat;

For purposes of 35 Ill. Adm. Code 218.204(q)(5) and 219.204(q)(5), any final coating applied to the interior or exterior of a pleasure craft;.

For the purposes of 35 Ill. Adm. Code 219.204(r), a coating that is applied over a primer on an aerospace vehicle or component for appearance, identification, camouflage, or protection. Topcoats that are listed as specialty coatings in 35 Ill. Adm. Code in 219.204(r)(2) are not included in this definition.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 211.6685 Topcoat for General Aviation Rework Facility

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"Topcoat for general aviation rework facility" means a topcoat applied at a general aviation rework facility.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.6720 Touch-Up Coating

"Touch-up coating" means:

Except as used in 35 Ill. Adm. Code 218.204(q), and 219.204(q), and 219.204(r)for purposes of motor vehicle refinishing operations, a coating applied by brush or hand held, non-refillable aerosol cans to repair minor surface damage and imperfections;

For purposes of 35 Ill. Adm. Code 218.204(q) and 219.204(q), and 219.204(r), a coating used to cover minor coating imperfections appearing after the main coating operation.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 211.7260 Wet Fastener Installation Coating

"Wet fastener installation coating" means a primer or sealant applied by dipping, brushing, or daubing to fasteners that are installed before the coating is cured.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 211.7275 Wing Coating

"Wing coating" means a corrosion-resistant topcoat that is resilient enough to withstand the flexing of the wings.

(Source: Added at 45 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 17190 20 POLLUTION CONTROL BOARD

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1) Heading of the Part: Organic Material Emission Standards and Limitations for the Metro East Area

2) Code Citation: 35 Ill. Adm. Code 219

3) Section Numbers: Proposed Actions: 219.105 Amendment 219.106 Amendment 219.110 Amendment 219.112 Amendment 219.187 Amendment 219.204 Amendment 219.205 Amendment 219.207 Amendment 219.208 Amendment 219.211 Amendment 219.219 Amendment

4) Statutory Authority: Implementing Section 10 and authorized by Sections 27, 28 and 28.5 of the Environmental Protection Act [415 ILCS 5/10, 27, 28 and 28.5].

5) A Complete Description of the Subjects and Issues Involved: Proposed regulations control emissions of volatile organic material ("VOM") at aerospace manufacturing and rework operations located in the counties of Madison, Monroe, and St. Clair ("Metro-East area"). The proposal responds to information indicating that an aerospace facility plans to expand operations in the Metro-East area and is intended to ensure that limitations specific to aerospace operations are in place.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: Control Technology Guidelines for Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations, United States Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, NC, December 1997.

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

ILLINOIS REGISTER 17191 20 POLLUTION CONTROL BOARD

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40 C.F.R. 82.4 (2020)

10) Are there any rulemakings to this Part pending? No

11) Statement of Statewide Policy Objective: 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].

12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: The Board will accept written public comments on this proposal for a period of at least 45 days after the date of publication in the Illinois Register. Public comments should refer to Docket R21-18 and be filed electronically through the Clerk's Office On- Line (COOL) on the Board's website at pcb.illinois.gov. Public comments may be addressed to:

Clerk's Office Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago IL 60601

Interested persons may download copies of the Board's opinions and orders in R21-18 from the Board's Web site at pcb.illinois.gov and may also request copies by calling the Clerk's office at 312/814-3620.

13) 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: Proposed Section 219.211(j) includes recordkeeping and reporting requirements, which USEPA requires for state rules to be enforceable.

C) Types of professional skills necessary for compliance: The Board expects that necessary skills are equivalent to those required to comply with existing requirements.

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14) Small Business Impact Analysis: The Board does not expect that the proposed rules will impact small business.

15) Regulatory Agenda on which this rulemaking was summarized: This rule did not appear in a regulatory agenda because the need for it was unanticipated.

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 17193 20 POLLUTION CONTROL BOARD

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TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSIONS STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES

PART 219 ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR THE METRO EAST AREA

SUBPART A: GENERAL PROVISIONS

Section 219.100 Introduction 219.101 Savings Clause 219.102 Abbreviations and Conversion Factors 219.103 Applicability 219.104 Definitions 219.105 Test Methods and Procedures 219.106 Compliance Dates 219.107 Operation of Afterburners 219.108 Exemptions, Variations, and Alternative Means of Control or Compliance Determinations 219.109 Vapor Pressure of Volatile Organic Liquids 219.110 Vapor Pressure of Organic Material or Solvent 219.111 Vapor Pressure of Volatile Organic Material 219.112 Incorporations by Reference 219.113 Monitoring for Negligibly-Reactive Compounds

SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS

Section 219.119 Applicability for VOL 219.120 Control Requirements for Storage Containers of VOL 219.121 Storage Containers of VPL 219.122 Loading Operations 219.123 Petroleum Liquid Storage Tanks 219.124 External Floating Roofs 219.125 Compliance Dates

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219.126 Compliance Plan (Repealed) 219.127 Testing VOL Operations 219.128 Monitoring VOL Operations 219.129 Recordkeeping and Reporting for VOL Operations

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT

Section 219.141 Separation Operations 219.142 Pumps and Compressors 219.143 Vapor Blowdown 219.144 Safety Relief Valves

SUBPART E: SOLVENT CLEANING

Section 219.181 Solvent Cleaning Degreasing Operations 219.182 Cold Cleaning 219.183 Open Top Vapor Degreasing 219.184 Conveyorized Degreasing 219.185 Compliance Schedule (Repealed) 219.186 Test Methods 219.187 Other Industrial Solvent Cleaning Operations

SUBPART F: COATING OPERATIONS

Section 219.204 Emission Limitations 219.205 Daily-Weighted Average Limitations 219.206 Solids Basis Calculation 219.207 Alternative Emission Limitations 219.208 Exemptions From Emission Limitations 219.209 Exemption From General Rule on Use of Organic Material 219.210 Compliance Schedule 219.211 Recordkeeping and Reporting 219.212 Cross-Line Averaging to Establish Compliance for Coating Lines 219.213 Recordkeeping and Reporting for Cross-Line Averaging Participating Coating Lines 219.214 Changing Compliance Methods

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219.215 Wood Furniture Coating Averaging Approach 219.216 Wood Furniture Coating Add-On Control Use 219.217 Wood Furniture Coating and Flat Wood Paneling Coating Work Practice Standards 219.218 Work Practice Standards for Paper Coatings, Metal Furniture Coatings, and Large Appliance Coatings 219.219 Work Practice Standards for Aerospace Facilities, Automobile and Light-Duty Truck Assembly Coatings, and Miscellaneous Metal and Plastic Parts Coatings

SUBPART G: USE OF ORGANIC MATERIAL

Section 219.301 Use of Organic Material 219.302 Alternative Standard 219.303 Fuel Combustion Emission Units 219.304 Operations with Compliance Program

SUBPART H: PRINTING AND PUBLISHING

Section 219.401 Flexographic and Rotogravure Printing 219.402 Applicability 219.403 Compliance Schedule 219.404 Recordkeeping and Reporting 219.405 Lithographic Printing: Applicability 219.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March 15, 1996 (Repealed) 219.407 Emission Limitations and Control Requirements for Lithographic Printing Lines 219.408 Compliance Schedule for Lithographic Printing On and After March 15, 1996 (Repealed) 219.409 Testing for Lithographic Printing 219.410 Monitoring Requirements for Lithographic Printing 219.411 Recordkeeping and Reporting for Lithographic Printing 219.412 Letterpress Printing Lines: Applicability 219.413 Emission Limitations and Control Requirements for Letterpress Printing Lines 219.415 Testing for Letterpress Printing Lines 219.416 Monitoring Requirements for Letterpress Printing Lines 219.417 Recordkeeping and Reporting for Letterpress Printing Lines

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SUBPART Q: SYNTHETIC ORGANIC CHEMICAL AND POLYMER MANUFACTURING PLANT

Section 219.421 General Requirements 219.422 Inspection Program Plan for Leaks 219.423 Inspection Program for Leaks 219.424 Repairing Leaks 219.425 Recordkeeping for Leaks 219.426 Report for Leaks 219.427 Alternative Program for Leaks 219.428 Open-Ended Valves 219.429 Standards for Control Devices 219.430 Compliance Date (Repealed) 219.431 Applicability 219.432 Control Requirements 219.433 Performance and Testing Requirements 219.434 Monitoring Requirements 219.435 Recordkeeping and Reporting Requirements 219.436 Compliance Date

SUBPART R: PETROLEUM REFINING AND RELATED INDUSTRIES; ASPHALT MATERIALS

Section 219.441 Petroleum Refinery Waste Gas Disposal 219.442 Vacuum Producing Systems 219.443 Wastewater (Oil/Water) Separator 219.444 Process Unit Turnarounds 219.445 Leaks: General Requirements 219.446 Monitoring Program Plan for Leaks 219.447 Monitoring Program for Leaks 219.448 Recordkeeping for Leaks 219.449 Reporting for Leaks 219.450 Alternative Program for Leaks 219.451 Sealing Device Requirements 219.452 Compliance Schedule for Leaks 219.453 Compliance Dates (Repealed)

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SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS

Section 219.461 Manufacture of Pneumatic Rubber Tires 219.462 Green Tire Spraying Operations 219.463 Alternative Emission Reduction Systems 219.464 Emission Testing 219.465 Compliance Dates (Repealed) 219.466 Compliance Plan (Repealed)

SUBPART T: PHARMACEUTICAL MANUFACTURING

Section 219.480 Applicability 219.481 Control of Reactors, Distillation Units, Crystallizers, Centrifuges and Vacuum Dryers 219.482 Control of Air Dryers, Production Equipment Exhaust Systems and Filters 219.483 Material Storage and Transfer 219.484 In-Process Tanks 219.485 Leaks 219.486 Other Emission Units 219.487 Testing 219.488 Monitoring for Air Pollution Control Equipment 219.489 Recordkeeping for Air Pollution Control Equipment

SUBPART V: BATCH OPERATIONS AND AIR OXIDATION PROCESSES

Section 219.500 Applicability for Batch Operations 219.501 Control Requirements for Batch Operations 219.502 Determination of Uncontrolled Total Annual Mass Emissions and Actual Weighted Average Flow Rate Values for Batch Operations 219.503 Performance and Testing Requirements for Batch Operations 219.504 Monitoring Requirements for Batch Operations 219.505 Reporting and Recordkeeping for Batch Operations 219.506 Compliance Date 219.520 Emission Limitations for Air Oxidation Processes 219.521 Definitions (Repealed) 219.522 Savings Clause

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219.523 Compliance 219.524 Determination of Applicability 219.525 Emission Limitations for Air Oxidation Processes (Renumbered) 219.526 Testing and Monitoring 219.527 Compliance Date (Repealed)

SUBPART W: AGRICULTURE

Section 219.541 Pesticide Exception

SUBPART X: CONSTRUCTION

Section 219.561 Architectural Coatings 219.562 Paving Operations 219.563 Cutback Asphalt

SUBPART Y: GASOLINE DISTRIBUTION

Section 219.581 Bulk Gasoline Plants 219.582 Bulk Gasoline Terminals 219.583 Gasoline Dispensing Operations – Storage Tank Filling Operations 219.584 Gasoline Delivery Vessels 219.585 Gasoline Volatility Standards (Repealed) 219.586 Gasoline Dispensing Operations – Motor Vehicle Fueling Operations (Repealed)

SUBPART Z: DRY CLEANERS

Section 219.601 Perchloroethylene Dry Cleaners (Repealed) 219.602 Exemptions (Repealed) 219.603 Leaks (Repealed) 219.604 Compliance Dates (Repealed) 219.605 Compliance Plan (Repealed) 219.606 Exception to Compliance Plan (Repealed) 219.607 Standards for Petroleum Solvent Dry Cleaners 219.608 Operating Practices for Petroleum Solvent Dry Cleaners

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219.609 Program for Inspection and Repair of Leaks 219.610 Testing and Monitoring 219.611 Exemption for Petroleum Solvent Dry Cleaners 219.612 Compliance Dates (Repealed) 219.613 Compliance Plan (Repealed)

SUBPART AA: PAINT AND INK MANUFACTURING

Section 219.620 Applicability 219.621 Exemption for Waterbase Material and Heatset-Offset Ink 219.623 Permit Conditions 219.624 Open-Top Mills, Tanks, Vats or Vessels 219.625 Grinding Mills 219.626 Storage Tanks 219.628 Leaks 219.630 Clean Up 219.636 Compliance Schedule 219.637 Recordkeeping and Reporting

SUBPART BB: POLYSTYRENE PLANTS

Section 219.640 Applicability 219.642 Emissions Limitation at Polystyrene Plants 219.644 Emissions Testing

SUBPART FF: BAKERY OVENS

Section 219.720 Applicability (Repealed) 219.722 Control Requirements (Repealed) 219.726 Testing (Repealed) 219.727 Monitoring (Repealed) 219.728 Recordkeeping and Reporting (Repealed) 219.729 Compliance Date (Repealed) 219.730 Certification (Repealed)

SUBPART GG: MARINE TERMINALS

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Section 219.760 Applicability 219.762 Control Requirements 219.764 Compliance Certification 219.766 Leaks 219.768 Testing and Monitoring 219.770 Recordkeeping and Reporting

SUBPART HH: MOTOR VEHICLE REFINISHING

Section 219.780 Emission Limitations 219.782 Alternative Control Requirements 219.784 Equipment Specifications 219.786 Surface Preparation Materials 219.787 Work Practices 219.788 Testing 219.789 Monitoring and Recordkeeping for Control Devices 219.790 General Recordkeeping and Reporting (Repealed) 219.791 Compliance Date 219.792 Registration (Repealed) 219.875 Applicability of Subpart BB (Renumbered) 219.877 Emissions Limitation at Polystyrene Plants (Renumbered) 219.879 Compliance Date (Repealed) 219.881 Compliance Plan (Repealed) 219.883 Special Requirements for Compliance Plan (Repealed) 219.886 Emissions Testing (Renumbered)

SUBPART II: FIBERGLASS BOAT MANUFACTURING MATERIALS

Section 219.890 Applicability 219.891 Emission Limitations and Control Requirements 219.892 Testing and Monitoring Requirements 219.894 Recordkeeping and Reporting Requirements

SUBPART JJ: MISCELLANEOUS INDUSTRIAL ADHESIVES

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Section 219.900 Applicability 219.901 Emission Limitations and Control Requirements 219.902 Testing Requirements 219.903 Monitoring Requirements 219.904 Recordkeeping and Reporting Requirements

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT MANUFACTURING PROCESSES

Section 219.920 Applicability 219.923 Permit Conditions 219.926 Control Requirements 219.927 Compliance Schedule 219.928 Testing

SUBPART QQ: MISCELLANEOUS FORMULATION MANUFACTURING PROCESSES

Section 219.940 Applicability 219.943 Permit Conditions 219.946 Control Requirements 219.947 Compliance Schedule 219.948 Testing

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING PROCESSES

Section 219.960 Applicability 219.963 Permit Conditions 219.966 Control Requirements 219.967 Compliance Schedule 219.968 Testing

SUBPART TT: OTHER EMISSION UNITS

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Section 219.980 Applicability 219.983 Permit Conditions 219.986 Control Requirements 219.987 Compliance Schedule 219.988 Testing

SUBPART UU: RECORDKEEPING AND REPORTING

Section 219.990 Exempt Emission Units 219.991 Subject Emission Units

219.APPENDIX A List of Chemicals Defining Synthetic Organic Chemical and Polymer Manufacturing 219.APPENDIX B VOM Measurement Techniques for Capture Efficiency (Repealed) 219.APPENDIX C Reference Methods and Procedures 219.APPENDIX D Coefficients for the Total Resource Effectiveness Index (TRE) Equation 219.APPENDIX E List of Affected Marine Terminals 219.APPENDIX G TRE Index Measurements for SOCMI Reactors and Distillation Units 219.APPENDIX H Baseline VOM Content Limitations for Subpart F, Section 219.212 Cross- Line Averaging

AUTHORITY: Implementing Section 10 and authorized by Sections 27, 28 and 28.5 of the Environmental Protection Act [415 ILCS 5/10, 27, 28 and 28.5].

SOURCE: Adopted in R91-8 at 15 Ill. Reg. 12491, effective August 16, 1991; amended in R91- 24 at 16 Ill. Reg. 13597, effective August 24, 1992; amended in R91-30 at 16 Ill. Reg. 13883, effective August 24, 1992; emergency amendment in R93-12 at 17 Ill. Reg. 8295, effective May 24, 1993, for a maximum of 150 days; amended in R93-9 at 17 Ill. Reg. 16918, effective September 27, 1993 and October 21, 1993; amended in R93-28 at 18 Ill. Reg. 4242, effective March 3, 1994; amended in R94-12 at 18 Ill. Reg. 14987, effective September 21, 1994; amended in R94-15 at 18 Ill. Reg. 16415, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16980, effective November 15, 1994; emergency amendment in R95-10 at 19 Ill. Reg. 3059, effective February 28, 1995, for a maximum of 150 days; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6958, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7385, effective May 22, 1995; amended in R96-2 at 20 Ill. Reg. 3848, effective February 15, 1996; amended in R96-13 at 20 Ill. Reg. 14462, effective October 28, 1996; amended in R97-24 at 21 Ill. Reg. 7721, effective June 9, 1997; amended in R97-31 at 22 Ill. Reg. 3517, effective

ILLINOIS REGISTER 17203 20 POLLUTION CONTROL BOARD

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February 2, 1998; amended in R04-12/20 at 30 Ill. Reg. 9799, effective May 15, 2006; amended in R06-21 at 31 Ill. Reg. 7110, effective April 30, 2007; amended in R10-10 at 34 Ill. Reg. 5392, effective March 23, 2010; amended in R10-8 at 34 Ill. Reg. 9253, effective June 25, 2010; amended in R10-20 at 34 Ill. Reg. 14326, effective September 14, 2010; amended in R10-8(A) at 35 Ill. Reg. 496, effective December 21, 2010; amended in R11-23 at 35 Ill. Reg. 13676, effective July 27, 2011; amended in R11-23(A) at 35 Ill. Reg. 18830, effective October 25, 2011; amended in R12-24 at 37 Ill. Reg. 1722, effective January 28, 2013; amended in R13-18 at 38 Ill. Reg. 1061, effective December 23, 2013; amended in R21-18 at 45 Ill. Reg. ______, effective ______.

SUBPART A: GENERAL PROVISIONS

Section 219.105 Test Methods and Procedures

a) Coatings, Inks and Fountain Solutions The following test methods and procedures mustshall be used to determine compliance of as applied coatings, inks, and fountain solutions with the limitations set forth in this Part.

1) Sampling: Samples collected for analyses mustshall be one-liter taken into a one-liter container at a location and time such that the sample will be representative of the coating as applied (i.e., the sample mustshall include any dilution solvent or other VOM added during the manufacturing process). The container must be tightly sealed immediately after the sample is taken. Any solvent or other VOM added after the sample is taken must be measured and accounted for in the calculations in subsection (a)(3) of this Section. For multiple package coatings, separate samples of each component mustshall be obtained. A mixed sample mustshall not be obtained as it will cure in the container. Sampling procedures mustshall follow the guidelines presented in:

A) ASTM D 3925-81 (1985) standard practice for sampling liquid paints and related pigment coating. This practice is incorporated by reference in Section 219.112 of this Part.

B) ASTM E 300-86 standard practice for sampling industrial chemicals. This practice is incorporated by reference in Section 219.112 of this Part.

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2) Analyses: The applicable analytical methods specified in this subsection (a)(2) mustbelow shall be used to determine the composition of coatings, inks, or fountain solutions as applied.

A) Method 24 of 40 CFR 60, appendix A, incorporated by reference in Section 219.112 of this Part, mustshall be used to determine the VOM content and density of coatings. If it is demonstrated to the satisfaction of the Agency and the USEPA that plant coating formulation data are equivalent to Method 24 results, formulation data may be used. In the event of any inconsistency between a Method 24 test and a facility's formulation data, the Method 24 test will govern.

B) Method 24A of 40 CFR 60, appendix A, incorporated by reference in Section 219.112, mustshall be used to determine the VOM content and density of rotogravure printing inks and related coatings. If it is demonstrated to the satisfaction of the Agency and USEPA that the plant coating formulation data are equivalent to Method 24A results, formulation data may be used. In the event of any inconsistency between a Method 24A test and formulation data, the Method 24A test will govern.

C) The following ASTM methods are the analytical procedures for determining VOM:

i) ASTM D 1475-85: Standard test method for density of paint, varnish, lacquer and related products. This test method is incorporated by reference in Section 219.112 of this Part.

ii) ASTM D 2369-87: Standard test method for volatile content of a coating. This test method is incorporated by reference in Section 219.112 of this Part.

iii) ASTM D 3792-86: Standard test method for water content of water-reducible paints by direct injection into a gas chromatograph. This test method is incorporated by reference in Section 219.112 of this Part.

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iv) ASTM D 4017-81 (1987): Standard test method for water content in paints and paint materials by the Karl Fischer method. This test method is incorporated by reference in Section 219.112 of this Part.

v) ASTM D 4457-85: Standard test method for determination of dichloromethane and 1,1,1, trichloroethane in paints and coatings by direct injection into a gas chromatograph. (The procedure delineated above can be used to develop protocols for any compounds specifically exempted from the definition of VOM.) This test method is incorporated by reference in Section 219.112 of this Part.

vi) ASTM D 2697-86: Standard test method for volume non- volatile matter in clear or pigmented coatings. This test method is incorporated by reference in Section 219.112 of this Part.

vii) ASTM D 3980-87: Standard practice for interlaboratory testing of paint and related materials. This practice is incorporated by reference in Section 219.112 of this Part.

viii) ASTM E 180-85: Standard practice for determining the precision of ASTM methods for analysis of and testing of industrial chemicals. This practice is incorporated by reference in Section 219.112 of this Part.

ix) ASTM D 2372-85: Standard method of separation of vehicle from solvent-reducible paints. This method is incorporated by reference in Section 219.112 of this Part.

D) Use of an adaptation to any of the analytical methods specified in subsections (a)(2)(A), (B), and (C) of this Section may not be used unless approved by the Agency and USEPA. An owner or operator must submit sufficient documentation for the Agency and USEPA to find that the analytical methods specified in subsections (a)(2)(A), (B), and (C) of this Section will yield inaccurate results and that the proposed adaptation is appropriate.

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3) Calculations: Calculations for determining the VOM content, water content and the content of any compounds which are specifically exempted from the definition of VOM of coatings, inks and fountain solutions as applied mustshall follow the guidance provided in the following documents:

A) "A Guide for Surface Coating Calculation", EPA-340/1-86-016, incorporated by reference in Section 219.112 of this Part.

B) "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink and Other Coatings" (revised June 1986), EPA-450/3-84-019, incorporated by reference in Section 219.112 of this Part.

C) "A Guide for Graphic Arts Calculations", August 1988, EPA- 340/1-88-003, incorporated by reference in Section 219.112 of this Part. b) Automobile or Light-Duty Truck Test Protocol

1) The protocol for testing, including determining the transfer efficiency of coating applicators, at primer surfacer operations and topcoat operations at an automobile or light-duty truck assembly source mustshall follow the procedures in the following:

A) Prior to May 1, 2012: "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations" ("topcoat protocol"), December 1988, EPA-450/3-88-018, incorporated by reference in Section 219.112 of this Part.

B) On and after May 1, 2012: "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations" (topcoat protocol), September 2008, EPA-453/R-08-002, incorporated by reference in Section 219.112 of this Part.

2) Prior to testing pursuant to the applicable topcoat protocol, the owner or operator of a coating operation subject to the topcoat or primer surfacer

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limit in Section 219.204(a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), or (a)(2)(E) mustshall submit a detailed testing proposal specifying the method by which testing will be conducted and how compliance will be demonstrated consistent with the applicable topcoat protocol. The proposal mustshall include, at a minimum, a comprehensive plan (including a rationale) for determining the transfer efficiency at each booth through the use of in-plant or pilot testing, the selection of coatings to be tested (for the purpose of determining transfer efficiency) including the rationale for coating groupings, the method for determining the analytic VOM content of as applied coatings and the formulation solvent content of as applied coatings, and a description of the records of coating VOM content as applied and coating's usage that will be kept to demonstrate compliance. Upon approval of the proposal by the Agency and USEPA, the compliance demonstration for a coating line may proceed. c) Capture System Efficiency Test Protocols

1) Applicability The requirements of subsection (c)(2) mustof this Section shall apply to all VOM emitting process emission units employing capture equipment (e.g., hoods, ducts), except those cases noted in this subsection (c)(1).

A) If an emission unit is equipped with (or uses) a permanent total enclosure (PTE) that meets Agency and USEPA specifications, and which directs all VOM to a control device, then the emission unit is exempted from the requirements described in subsection (c)(2) of this Section. The Agency and USEPA specifications to determine whether a structure is considered a PTE are given in Method 204 of appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part. In this instance, the capture efficiency is assumed to be 100 percent and the emission unit is still required to measure control efficiency using appropriate test methods as specified in subsection (d) of this Section.

B) If an emission unit is equipped with (or uses) a control device designed to collect and recover VOM (e.g., carbon adsorber), an explicit measurement of capture efficiency is not necessary provided that the conditions given below are met. The overall control of the system can be determined by directly comparing the

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input liquid VOM to the recovered liquid VOM. The general procedure for use in this situation is given in 40 CFR 60.433, incorporated by reference in Section 219.112 of this Part, with the following additional restrictions:

i) The source owner or operator mustshall obtain data each operating day for the solvent usage and solvent recovery to permit the determination of the solvent recovery efficiency of the system each operating day using a 7-day rolling period. The recovery efficiency for each operating day is computed as the ratio of the total recovered solvent for that day and the most recent prior 6 operating days to the total solvent usage for the same 7-day period used for the recovered solvent, rather than a 30-day weighted average as given in 40 CFR 60.433 incorporated by reference in Section 219.112 of this Part. This ratio mustshall be expressed as a percentage. The ratio mustshall be computed within 72 hours following each 7-day period. A source that believes that the 7-day rolling period is not appropriate may use an alternative multi-day rolling period not to exceed 30 days, with the approval of the Agency and USEPA. In addition, the criteria in subsection (c)(1)(B)(ii) or (c)(1)(B)(iii) must be met.

ii) The solvent recovery system (i.e., capture and control system) must be dedicated to a single coating line, printing line, or other discrete activity that by itself is subject to an applicable VOM emission standard.

iii) However if the solvent recovery system controls more than one coating line, printing line or other discrete activity that by itself is subject to an applicable VOM emission standard, the overall control (i.e., the total recovered VOM divided by the sum of liquid VOM input from all lines and other activities venting to the control system) must meet or exceed the most stringent standard applicable to any line or other discrete activity venting to the control system.

2) Capture Efficiency Protocols

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The capture efficiency of an emission unit mustshall be measured using one of the protocols given below. Appropriate test methods to be utilized in each of the capture efficiency protocols are described in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part. Any error margin associated with a test method or protocol may not be incorporated into the results of a capture efficiency test. If these techniques are not suitable for a particular process, then an alternative capture efficiency protocol may be used, pursuant to the provisions of Section 219.108(b) of this Part.

A) Gas/gas method using temporary total enclosure (TTE). The Agency and USEPA specifications to determine whether a temporary enclosure is considered a TTE are given in Method 204 of appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part. The capture efficiency equation to be used for this protocol is:

G CE  w Gw  Fw

where:

CE = capture efficiency, decimal fraction;

Gw = mass of VOM captured and delivered to control device using a TTE;

Fw = mass of uncaptured VOM that escapes from a TTE.

Method 204B or 204C contained in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, is used to obtain Gw. Method 204D in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, is used to obtain Fw.

B) Liquid/gas method using TTE. The Agency and USEPA specifications to determine whether a temporary enclosure is considered a TTE are given in Method 204 of appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part.

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The capture efficiency equation to be used for this protocol is:

L  F CE  W L

where:

CE = capture efficiency, decimal fraction;

L = mass of liquid VOM input to process emission unit;

Fw = mass of uncaptured VOM that escapes from a TTE.

Method 204A or 204F contained in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, is used to obtain L. Method 204 in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, is used to obtain Fw.

C) Gas/gas method using the building or room (building or room enclosure), in which the affected coating line, printing line or other emission unit is located, as the enclosure, as determined by Method 204 of appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, and in which "FB" and "G" are measured while operating only the affected line or emission unit. All fans and blowers in the building or room must be operated as they would under normal production. The capture efficiency equation to be used for this protocol is:

G CE  G  FB

where:

CE = capture efficiency, decimal fraction;

G = mass of VOM captured and delivered to control device;

FB = mass of uncaptured VOM that escapes from building enclosure.

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Method 204B or 204C contained in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, is used to obtain G. Method 204E in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, is used to obtain FB.

D) Liquid/gas method using the building or room (building or room enclosure), in which the affected coating line, printing line or other emission unit is located, as the enclosure as determined by Method 204 of appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, and in which "FB" and "L" are measured while operating only the affected line emission unit. All fans and blowers in the building or room must be operated as they would under normal production. The capture efficiency equation to be used for this protocol is:

L  F CE  B L

where:

CE = capture efficiency, decimal fraction;

L = mass of liquid VOM input to process emission unit;

FB = mass of uncaptured VOM that escapes from building enclosure.

Method 204A or 204F contained in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, is used to obtain L. Method 204E in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, is used to obtain FB.

E) Mass balance using Data Quality Objective (DQO) or Lower Confidence Limit (LCL) protocol. For a liquid/gas input where an owner or operator is using the DQO/LCL protocol and not using an enclosure as described in Method 204 of appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, the VOM content of the liquid input (L) must be determined using

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Method 204A or 204F in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part. The VOM content of the captured gas stream (G) to the control device must be determined using Method 204B or 204C in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part. The results of capture efficiency calculations (G/L) must satisfy the DQO or LCL statistical analysis methodology as described in Section 3 of USEPA's "Guidelines for Determining Capture Efficiency", incorporated by reference at Section 219.112 of this Part. Where capture efficiency testing is done to determine emission reductions for the purpose of establishing emission credits for offsets, shutdowns, and trading, the LCL protocol cannot be used for these applications. In enforcement cases, the LCL protocol cannot confirm non-compliance; capture efficiency must be determined using a protocol under subsection (c)(2)(A), (B), (C) or (D) of this Section, the DQO protocol of this subsection (c)(2)(E), or an alternative protocol pursuant to Section 219.108(b) of this Part.

BOARD NOTE: Where LCL was used in testing emission units that are the subject of later requests for establishing emission credits for offsets, shutdowns, and trading, prior LCL results may not be relied upon to determine the appropriate amount of credits. Instead, to establish the appropriate amount of credits, additional testing may be required that would satisfy the protocol of Section 219.105(c)(2)(A), (B), (C) or (D), the DQO protocol of Section 219.105(c)(2)(E), or an alternative protocol pursuant to Section 219.108(b) of this Part.

3) Simultaneous testing of multiple lines or emission units with a common control device. If an owner or operator has multiple lines sharing a common control device, the capture efficiency of the lines may be tested simultaneously, subject to the following provisions:

A) Multiple line testing must meet the criteria of Section 4 of USEPA's "Guidelines for Determining Capture Efficiency", incorporated by reference at Section 219.112 of this Part;

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B) The most stringent capture efficiency required for any individual line or unit must be met by the aggregate of lines or units; and

C) Testing of all the lines of emission units must be performed with the same capture efficiency test protocol.

4) Recordkeeping and Reporting

A) All owners or operators affected by this subsection must maintain a copy of the capture efficiency protocol submitted to the Agency and the USEPA on file. All results of the appropriate test methods and capture efficiency protocols must be reported to the Agency within 60 days after the test date. A copy of the results must be kept on file with the source for a period of 3 years.

B) If any changes are made to capture or control equipment, then the source is required to notify the Agency and the USEPA of these changes and a new test may be required by the Agency or the USEPA.

C) The source must notify the Agency 30 days prior to performing any capture efficiency or control test. At that time, the source must notify the Agency which capture efficiency protocol and control device test methods will be used. Notification of the actual date and expected time of testing must be submitted a minimum of 5 working days prior to the actual date of the test. The Agency may at its discretion accept notification with shorter advance notice provided that such arrangements do not interfere with the Agency's ability to review the protocol and/or observe testing.

D) Sources utilizing a PTE must demonstrate that this enclosure meets the requirement given in Method 204 in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part, for a PTE during any testing of their control device.

E) Sources utilizing a TTE must demonstrate that their TTE meets the requirements given in Method 204 in appendix M or 40 CFR 51, incorporated by reference in Section 219.112 of this Part, for a TTE during any testing of their control device. The source must

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also provide documentation that the quality assurance criteria for a TTE have been achieved.

F) Any source utilizing the DQO or LCL protocol must submit the following information to the Agency with each test report:

i) A copy of all test methods, Quality Assurance/Quality Control procedures, and calibration procedures to be used from those described in appendix M of 40 CFR 51, incorporated by reference in Section 219.112 of this Part;

ii) A table with information on each sample taken, including the sample identification and the VOM content of the sample;

iii) The quantity of material used for each test run;

iv) The quantity of captured VOM for each test run;

v) The capture efficiency calculations and results for each test run;

vi) The DQO and/or LCL calculations and results; and

vii) The Quality Assurance/Quality Control results, including how often the instruments were calibrated, the calibration results, and the calibration gases used. d) Control Device Efficiency Testing and Monitoring

1) The control device efficiency mustshall be determined by simultaneously measuring the inlet and outlet gas phase VOM concentrations and gas volumetric flow rates in accordance with the gas phase test methods specified in subsection (f) of this Section.

2) An owner or operator:

A) That uses an afterburner or carbon adsorber to comply with any Section of this Part mustshall use Agency and USEPA approved

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continuous monitoring equipment which is installed, calibrated, maintained, and operated according to vendor specifications at all times the control device is in use except as provided in subsection (d)(3) of this Section. The continuous monitoring equipment must monitor the following parameters:

i) For each afterburner which does not have a catalyst bed, the combustion chamber temperature of each afterburner.

ii) For each afterburner which has a catalyst bed, commonly known as a catalytic afterburner, the temperature rise across each catalytic afterburner bed or VOM concentration of exhaust.

iii) For each carbon adsorber, the VOM concentration of each carbon adsorption bed exhaust or the exhaust of the bed next in sequence to be desorbed.

B) Must install, calibrate, operate and maintain, in accordance with manufacturer's specifications, a continuous recorder on the temperature monitoring device, such as a strip chart, recorder or computer, having an accuracy of ± 1 percent of the temperature measured, expressed in degrees Celsius or ± 0.5° C, whichever is greater.

C) Of an automobile or light-duty truck primer surfacer operation or topcoat operation subject to subsection (d)(2)(A) mustshall keep a separate record of the following data for the control devices, unless alternative provisions are statedset forth in a permit pursuant to Title V of the Clean Air Act:

i) For thermal afterburners for which combustion chamber temperature is monitored, all 3-hour periods of operation in which the average combustion temperature was more than 28° C (50° F) below the average combustion temperature measured during the most recent performance test that demonstrated that the operation was in compliance.

ii) For catalytic afterburners for which temperature rise is

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monitored, all 3-hour periods of operation in which the average gas temperature before the catalyst bed is more than 28° C (50° F) below the average gas temperature immediately before the catalyst bed measured during the most recent performance test that demonstrated that the operation was in compliance.

iii) For catalytic afterburners and carbon adsorbers for which VOM concentration is monitored, all 3-hour periods of operation during which the average VOM concentration or the reading of organics in the exhaust gases is more than 20 percent greater than the average exhaust gas concentration or reading measured by the organic monitoring device during the most recent determination of the recovery efficiency of a carbon adsorber or performance test for a catalytic afterburner, which determination or test that demonstrated that the operation was in compliance.

3) An owner or operator that uses a carbon adsorber to comply with Section 219.401 of this Part may operate the adsorber during periods of monitoring equipment malfunction, provided that:

A) The owner or operator notifies in writing the Agency and USEPA, within 10 days after the conclusion of any 72 hour period during which the adsorber is operated and the associated monitoring equipment is not operational, of such monitoring equipment failure and provides the duration of the malfunction, a description of the repairs made to the equipment, and the total to date of all hours in the calendar year during which the adsorber was operated and the associated monitoring equipment was not operational;

B) During such period of malfunction the adsorber is operated using timed sequences as the basis for periodic regeneration of the adsorber;

C) The period of such adsorber operation does not exceed 360 hours in any calendar year without the approval of the Agency and USEPA; and

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D) The total of all hours in the calendar year during which the adsorber was operated and the associated monitoring equipment was not operational mustshall be reported, in writing, to the Agency and USEPA by January 31 of the following calendar year. e) Overall Efficiency

1) The overall efficiency of the emission control system mustshall be determined as the product of the capture system efficiency and the control device efficiency or by the liquid/liquid test protocol as specified in 40 CFR 60.433, incorporated by reference in Section 219.112 of this Part, (and revised by subsection (c)(1)(B) of this Section) for each solvent recovery system. In those cases in which the overall efficiency is being determined for an entire line, the capture efficiency used to calculate the product of the capture and control efficiency is the total capture efficiency over the entire line.

2) For coating lines which are both chosen by the owner or operator to comply with Section 219.207(a), (d), (e), (f), (g), (l), or (m), or (n) of this Part by the alternative in Section 219.207(b)(2) of this Part and meet the criteria allowing them to comply with Section 219.207 instead of Section 219.204 of this Part, the overall efficiency of the capture system and control device, as determined by the test methods and procedures specified in subsections (c), (d) and (e)(1) of this Section, mustshall be no less than the equivalent overall efficiency that mustwhich shall be calculated by the following equation:

VOM VOM E  a l 100 VOM a

where:

E = Equivalent overall efficiency of the capture system and control device as a percentage;

VOMa = Actual VOM content of a coating, or the daily- weighted average VOM content of two or more coatings (if more than one coating is used), as applied to the subject coating line as determined by

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the applicable test methods and procedures specified in subsection (a)(4)(i) of this Part in units of kg VOM/1 (lb VOM/gal) of coating solids as applied;

VOM1 = The VOM emission limit specified in Sections 219.204 or 219.205 of this Part in units of kg VOM/1 (lb VOM/gal) of coating solids as applied. f) Volatile Organic Material Gas Phase Source Test Methods The methods in 40 CFR 60, appendix A, incorporated by reference in Section 219.112 of this Part delineated in this subsection (f) mustbelow shall be used to determine control device efficiencies.

1) 40 CFR 60, appendix A, Method 18, 25 or 25A, incorporated by reference in Section 219.112 of this Part as appropriate to the conditions at the site, mustshall be used to determine VOM concentration. Method selection mustshall be based on consideration of the diversity of organic species present and their total concentration and on consideration of the potential presence of interfering gases. Except as indicated in subsections (f)(1)(A) and (B) below, the test mustshall consist of three separate runs, each lasting a minimum of 60 min, unless the Agency and the USEPA determine that process variables dictate shorter sampling times.

A) When the method is to be used to determine the efficiency of a carbon adsorption system with a common exhaust stack for all the individual adsorber vessels, the test mustshall consist of three separate runs, each coinciding with one or more complete sequences through the adsorption cycles of all the individual adsorber vessels.

B) When the method is to be used to determine the efficiency of a carbon adsorption system with individual exhaust stacks for each adsorber vessel, each adsorber vessel mustshall be tested individually. The test for each adsorber vessel mustshall consist of three separate runs. Each run mustshall coincide with one or more complete adsorption cycles.

2) 40 CFR 60, appendix A, Method 1 or 1A, incorporated by reference in

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Section 219.112 of this Part, mustshall be used for sample and velocity traverses.

3) 40 CFR 60, appendix A, Method 2, 2A, 2C or 2D, incorporated by reference in Section 219.112 of this Part, mustshall be used for velocity and volumetric flow rates.

4) 40 CFR 60, appendix A, Method 3, incorporated by reference in Section 219.112 of this Part, mustshall be used for gas analysis.

5) 40 CFR 60, appendix A, Method 4, incorporated by reference in Section 219.112 of this Part, mustshall be used for stack gas moisture.

6) 40 CFR 60, appendix A, Methods 2, 2A, 2C, 2D, 3 and 4, incorporated by reference in Section 219.112 of this Part, mustshall be performed, as applicable, at least twice during each test run.

7) Use of an adaptation to any of the test methods specified in subsections (f)(1), (2), (3), (4), (5) and (6) of this Section may not be used unless approved by the Agency and the USEPA on a case by case basis. An owner or operator must submit sufficient documentation for the Agency and the USEPA to find that the test methods specified in subsections (f)(1), (2), (3), (4), (5) and (6) of this Section will yield inaccurate results and that the proposed adaptation is appropriate. g) Leak Detection Methods for Volatile Organic Material Owners or operators required by this Part to carry out a leak detection monitoring program mustshall comply with the following requirements:

1) Leak Detection Monitoring

A) Monitoring mustshall comply with 40 CFR 60, appendix A, Method 21, incorporated by reference in Section 219.112 of this Part.

B) The detection instrument mustshall meet the performance criteria of Method 21.

C) The instrument mustshall be calibrated before use on each day of

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its use by the methods specified in Method 21.

D) Calibration gases mustshall be:

i) Zero air (less than 10 ppm of hydrocarbon in air); and

ii) A mixture of methane or n-hexane and air at a concentration of approximately, but no less than, 10,000 ppm methane or n-hexane.

E) The instrument probe mustshall be traversed around all potential leak interfaces as close to the interface as possible as described in Method 21.

2) When equipment is tested for compliance with no detectable emissions as required, the test mustshall comply with the following requirements:

A) The requirements of subsections (g)(1)(A) through (g)(1)(E) mustof this Section shall apply.

B) The background level mustshall be determined as statedset forth in Method 21.

3) Leak detection tests mustshall be performed consistent with:

A) "APTI Course SI 417 controlling Volatile Organic Compound Emissions from Leaking Process Equipment", EPA-450/2-82-015, incorporated by reference in Section 219.112 of this Part.

B) "Portable Instrument User's Manual for Monitoring VOM Sources", EPA-340/1-86-015, incorporated by reference in Section 219.112 of this Part.

C) "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks of VOM and VHAP", EPA-450/3-88-010, incorporated by reference in Section 219.112 of this Part.

D) "Petroleum Refinery Enforcement Manual", EPA-340/1-80-008, incorporated by reference in Section 219.112 of this Part.

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h) Bulk Gasoline Delivery System Test Protocol

1) The method for determining the emissions of gasoline from a vapor recovery system are delineated in 40 CFR 60, subpart XX, section 60.503, incorporated by reference in Section 219.112 of this Part.

2) Other tests mustshall be performed consistent with:

A) "Inspection Manual for Control of Volatile Organic Emissions from Gasoline Marketing Operations: Appendix D", EPA-340/1- 80-012, incorporated by reference in Section 219.112 of this Part.

B) "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals: Appendix A", EPA-450/2-77-026, incorporated by reference in Section 219.112 of this Part.

i) Notwithstanding other requirements of this Part, upon request of the Agency where it is necessary to demonstrate compliance, an owner or operator of an emission unit which is subject to this Part mustshall, at his own expense, conduct tests in accordance with the applicable test methods and procedures specific in this Part. Nothing in this Section limitsshall limit the authority of the USEPA underpursuant to the Clean Air Act, as amended, to require testing.

j) Cleaning Solvents Subject to Section 219.219(g)

1) For aqueous and semiaqueous cleaning solvents, manufacturers' supplied data must be used to determine the water content.

2) For hand-wipe cleaning solvents required in Section 219.219(g)(2), manufacturers' supplied data or standard engineering reference texts or other equivalent methods must be used to determine the vapor pressure or VOM composite vapor pressure for blended cleaning solvents.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 219.106 Compliance Dates

a) Except as provided in subsection (b), (c), (d), or (e), or (f), compliance with the

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requirements of this Part is required by May 15, 1992, consistent with the provisions of Section 219.103 of this Part.

b) As this Part is amended from time to time, compliance dates included in the specific Subparts supersede the requirements of this Section, except as limited by Section 219.101(b) of this Subpart.

c) Any owner or operator of a source subject to the requirements of Section 219.204(c)(2), 219.204(g)(2), or 219.204(h)(2) mustof this Part shall comply with the applicable requirements in the applicable subsections, as well as all applicable requirements in Sections 219.205 through 219.214 and 219.218, by May 1, 2012.

d) Any owner or operator of a source subject to the requirements of Section 219.204(o) mustof this Part shall comply with the requirements in Section 219.204(o), as well as all applicable requirements in Sections 219.205 through 219.211, 219.214, and 219.217 by August 1, 2010.

e) Any owner or operator of a source subject to the requirements of Section 219.204(a)(2) or 219.204(q) mustof this Part shall comply with the applicable requirements in those Sections, as well as all applicable requirements in Sections 219.205 through 219.214 and 219.219, by May 1, 2011.

f) Any owner or operator of a source subject to the requirements of Section 219.204(r) must comply with the requirements in Section 219.204(r), as well as all applicable requirements in Sections 219.205, 219.207, 219.208, 219.211, and 219.219 by January 1, 2021.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 219.110 Vapor Pressure of Organic Material or Solvent

a) If the organic material or solvent consists of only a single compound, the vapor pressure mustshall be determined by ASTM Method D2879-86 (incorporated by reference in Section 219.112 of this Part) or the vapor pressure may be obtained from a publication such as: Boublik, T., V. Fried and E. Hala, "The Vapor Pressure of Pure Substances," Elsevier Scientific Publishing Co., New York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber Publishing Company (1986-87); and Lange's Handbook of Chemistry, John A. Dean, editor,

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McGraw-Hill Book Company (1985). b) Except as provided in subsection (d), ifIf the organic material or solvent is in a mixture made up of both organic material compounds and compounds which are not organic material, the vapor pressure mustshall be determined by the following equation:

n  Pi X i i1 Pom  n  X i i1

where:

Pom = Total vapor pressure of the portion of the mixture which is composed of organic material;

n = Number of organic material components in the mixture;

i = Subscript denoting an individual component;

Pi = Vapor pressure of an organic material component determined in accordance with subsection (a) of this Section;

Xi = Mole fraction of the organic material component of the total organic mixture. c) If the organic material or solvent is in a mixture made up only organic material compounds, the vapor pressure mustshall be determined by ASTM Method D2879-86 (incorporated by reference in Section 219.112 of this Part) or by the above equation. d) For hand-wipe cleaning solvents used at aerospace facilities subject to Section 219.219(g)(2), the composite vapor pressure of a cleaning solvent consisting of multiple components must be determined by the following equation:

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푛 푊푖 × 푉푃푖 푀푊1 푃푃푐 = ∑ 푊푤 푛 푊푗 푛 푊푖 푖=1 + ∑푗=1 + ∑푖=1 푀푊푤 푀푊푗 푀푊푖

where:

PPc = Composite vapor pressure of the cleaning solvent in mmHg at 20°C;

n = Number of components in the cleaning solvent;

i = Subscript denoting an individual VOM-containing component;

j = Subscript denoting an individual non-VOM component;

Wi = Weight of a VOM-containing component in grams;

Wj = Weight of a non-VOM component in grams;

Ww = Weight of water in grams;

MWi = Molecular weight a VOM-containing component in grams per gram-mole;

MWj = Molecular weight of a non-VOM component in grams per gram-mole

MWw = Molecular weight of water in grams per gram-mole;

VPi = Vapor pressure of a VOM-containing component in mmHg at 20°C.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 219.112 Incorporations by Reference

The following materials are incorporated by reference and do not contain any subsequent

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a) American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken PA 19428-9555

1) ASTM D 2879-86

2) ASTM D 323-08

3) ASTM D 86-82

4) ASTM D 369-69 (1971)

5) ASTM D 396-69

6) ASTM D 2880-71

7) ASTM D 975-68

8) ASTM D 3925-81 (1985)

9) ASTM E 300-86

10) ASTM D 1475-85

11) ASTM D 2369-87

12) ASTM D 3792-86

13) ASTM D 4017-81 (1987)

14) ASTM D 4457-85

15) ASTM D 2697-86

16) ASTM D 3980-87

17) ASTM E 180-85

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18) ASTM D 2372-85

19) ASTM D 97-66

20) ASTM E 168-87 (1977)

21) ASTM E 169-87

22) ASTM E 260-91

23) ASTM D 2504-83

24) ASTM D 2382-83 b) Standard Industrial Classification Manual, published by Executive Office of the President, Office of Management and Budget, Washington, D.C., 1987. c) American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating Roof Tanks", Second ed., February 1980. d) 40 CFR 60 (July 1, 1991). e) 40 CFR 61 (July 1, 1991). f) 40 CFR 50 (July 1, 1991). g) 40 CFR 51 (July 1, 1991) and 40 CFR 51, appendix M, Methods 204-204F (July 1, 1999). h) 40 CFR 52 (July 1, 1991). i) "A Guide for Surface Coating Calculation", July 1986, United States Environmental Protection Agency, Washington, D.C., EPA-340/1-86-016. j) "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink and Other Coating" (revised June 1986), United States Environmental Protection Agency, Washington D.C., EPA-450/3-84-019. k) "A Guide for Graphic Arts Calculations", August 1988, United States

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Environmental Protection Agency, Washington D.C., EPA-340/1-88-003. l) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations", December 1988, United States Environmental Protection Agency, Washington D.C., EPA-450/3- 88-018. m) "Control of Volatile Organic Emissions from Manufacturing of Synthesized Pharmaceutical Products", December 1978, United States Environmental Protection Agency, Washington, D.C., EPA-450/2-78-029. n) "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems", December 1978, Appendix B, United States Environmental Protection Agency, Washington, D.C., EPA-450/2-78-051. o) "Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners", September 1982, United States Environmental Protection Agency, Washington, D.C., EPA-450/3-82-009. p) "APTI Course SI417 Controlling Volatile Organic Compound Emissions from Leaking Process Equipment", 1982, United States Environmental Protection Agency, Washington, D.C., EPA-450/2-82-015. q) "Portable Instrument User's Manual for Monitoring VOM Sources", June 1986, United States Environmental Protection Agency, Washington, D.C., EPA-340/1- 86-015. r) "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks of VOM and VHAP", October 1988, United States Environmental Protection Agency, Washington, D.C., EPA-450/3-88-010. s) "Petroleum Refinery Enforcement Manual", March 1980, United States Environmental Protection Agency, Washington, D.C., EPA-340/1-80-008. t) "Inspection Manual for Control of Volatile Organic Emissions from Gasoline Marketing Operations: Appendix D", 1980, United States Environmental Protection Agency, Washington, D.C., EPA-340/1-80-012. u) "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals:

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Appendix A", December 1977, United States Environmental Protection Agency, Washington, D.C., EPA-450/2-77-026.

v) California Air Resources Board, Compliance Division. Compliance Assistance Program: Gasoline Marketing and Distribution: Gasoline Facilities Phase I & II (October 1988, rev. November 1993) (CARB Manual).

w) "Guidelines for Determining Capture Efficiency", January 1995, Office of Air Quality Planning and Standards, United States Environmental Protection Agency, Research Triangle Park NC.

x) Memorandum "Revised Capture Efficiency Guidance for Control of Volatile Organic Compound Emissions", February 1995, John S. Seitz, Director, Office of Air Quality Planning and Standards, United States Environmental Protection Agency.

y) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations", September 2008, United States Environmental Protection Agency, Washington, D.C., EPA-453/R-08-002.

z) 40 CFR 63 subpart PPPP, appendix A (2008).

aa) 46 CFR subchapter Q (2007).

bb) 46 CFR subchapter T (2008).

cc) 40 CFR 82.4 (2020).

(Source: Amended at 45 Ill. Reg. ______, effective ______)

SUBPART E: SOLVENT CLEANING

Section 219.187 Other Industrial Solvent Cleaning Operations

a) Applicability. On and after January 1, 2012:

1) Except as provided in subsection (a)(2) of this Section, the requirements of this Section shall apply to all cleaning operations that use organic

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materials at sources that emit a total of 226.8 kg per calendar month (500 lbs per calendar month) or more of VOM, in the absence of air pollution control equipment, from cleaning operations at the source other than cleaning operations identified in subsection (a)(2) of this Section. For purposes of this Section, "cleaning operation" means the process of cleaning products, product components, tools, equipment, or general work areas during production, repair, maintenance or servicing, including but not limited to spray gun cleaning, spray booth cleaning, large and small manufactured components cleaning, parts cleaning, equipment cleaning, line cleaning, floor cleaning, and tank cleaning, at sources with emission units;

2) Notwithstanding subsection (a)(1) of this Section:

A) The following cleaning operations areshall be exempt from the requirements of subsections (b), (c), (d), (e), (f), and (g) of this Section:

i) Cleaning operations subject to the limitations in Sections 219.182, 219.183, or 219.184;

ii) Janitorial cleaning;

iii) Stripping of cured coatings, inks, or adhesives;

iv) Cleaning operations in printing pre-press areas, including the cleaning of film processors, color scanners, plate processors, film cleaning, and plate cleaning;

B) Cleaning operations for emission units within the following categories areshall be exempt from the requirements of subsections (b), (c), (d), (e), (f), and (g) of this Section:

i) Flexible package printing;

ii) Lithographic printing;

iii) Letterpress printing;

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iv) Flat wood paneling coating;

v) Large appliance coating;

vi) Metal furniture coating;

vii) Paper, film, and foil coating;

viii) Wood furniture coating;

ix) Plastic parts coating;

x) Miscellaneous metal parts coating;

xi) Fiberglass boat manufacturing;

xii) Miscellaneous industrial adhesives; and

xiii) Auto and light-duty truck assembly coating; and

xiv) Aerospace facilities;

C) The following cleaning operations areshall be exempt from the requirements of subsections (b), (c), (f), and (g) of this Section:

i) Cleaning of solar cells, laser hardware, scientific instruments, and high-precision optics;

ii) Cleaning conducted as part of performance laboratory tests on coatings, adhesives, or inks; research and development operations; or laboratory tests in quality assurance laboratories;

iii) Cleaning of paper-based gaskets and clutch assemblies where rubber is bonded to metal by means of an adhesive;

iv) Cleaning of cotton swabs to remove cottonseed oil before cleaning of high-precision optics;

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v) Cleaning of medical device and pharmaceutical manufacturing operations if the facility uses no more than 5.7 liters (1.5 gallons) per day of solvents for such cleaning;

vi) Cleaning of adhesive application equipment used for thin metal laminating;

vii) Cleaning of electronic or electrical cables;

viii) Touch-up cleaning performed on printed circuit boards where surface mounted devices have already been attached;

ix) Cleaning of coating and adhesive application processes utilized to manufacture transdermal drug delivery products using no more than three gallons per day of ethyl acetate;

x) Cleaning of application equipment used to apply coatings on satellites and radiation effect coatings;

xi) Cleaning of application equipment used to apply solvent- borne fluoropolymer coatings;

xii) Cleaning of ultraviolet or electron beam adhesive application;

xiii) Cleaning of sterilization indicating ink application equipment if the facility uses no more than 5.7 liters (1.5 gallons) per day of solvents for such cleaning;

xiv) Cleaning of metering rollers, dampening rollers, and printing plates;

xv) Cleaning of numismatic dies; and

xvi) Cleaning operations associated with digital printing;

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xvii) Cleaning with aerosol products if the facility uses no more than 4.7 liters (1.25 gallons) per day of thosesuch products;

xviii) Cleaning of plastic-based or vinyl-based substrates for use in the screen printing process when using UV curable ink and coating systems;

xix) Cleaning conducted as part of performance tests on coatings, adhesives, or inks that are in research and development and that are not yet commercially used for the applications for which they are being tested. This exemption is limited to the use of up to a total of 90.9 liters (24 gallons) per calendar month and 416.3 liters (110 gallons) of cleaning solvent per calendar year for thatsuch cleaning. b) Material and Control Requirements. AnNo owner or operator of a source subject to this Section, other than manufacturers of coatings, inks, adhesives, or resins, must notshall perform any cleaning operation subject to this Section unless the owner or operator meets the requirements in subsection (b)(1), (b)(2), or (b)(3). AnNo owner or operator of a source that manufactures coatings, inks, adhesives, or resins must notshall perform any cleaning operation subject to this Section unless the owner or operator meets the requirements in at least one of the following subsections: (b)(1), (b)(2), (b)(3), (b)(4), or (b)(5).

1) The VOM content of the as-used cleaning solutions does not exceed the following emissions limitations:

A) Product cleaning during manufacturing process or surface preparation for coating, adhesive, or ink application:

kg/l lb/gal i) Electrical apparatus components 0.10 0.83 and electronic components

ii) Medical device and pharmaceutical 0.80 6.7 manufacturing

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B) Repair and maintenance cleaning:

kg/l lb/gal i) Electrical apparatus components 0.10 0.83 and electronic

ii) Medical device and pharmaceutical 0.80 6.7 manufacturing: tools, equipment, and machinery

iii) Medical device and pharmaceutical 0.60 5.0 manufacturing: general work surfaces

C) Cleaning of ink application equipment:

kg/l lb/gal i) Rotogravure printing that does not 0.10 0.83 print flexible packaging

ii) Screen printing, including screen 0.50 4.2 reclamation activities

iii) Ultraviolet ink and electron beam 0.65 5.4 ink application equipment, except screen printing

iv) Flexographic printing that does not 0.10 0.83 print flexible packaging

kg/l lb/gal D) Cleaning of equipment used in the 0.20 1.67 manufacture of coatings, inks, adhesives, or resins

kg/l lb/gal E) All other cleaning operations not subject to a 0.050 0.42 specific limitation in subsections (b)(1)(A) through (b)(1)(D) of this Section

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2) The VOM composite vapor pressure of each as-used cleaning solution used does not exceed 8.0 mmHg measured at 20oC (68oF);

3) An afterburner or carbon adsorber is installed and operated that reduces VOM emissions from the subject cleaning operation by at least 85 percent overall, or for sources that manufacture coatings, inks, adhesives, or resins, an afterburner or carbon adsorber is installed and operated that reduces VOM emissions from the subject cleaning operation by at least 80 percent overall and has a 90 percent efficiency. The owner or operator may use an emissions control system other than an afterburner or carbon adsorber if such device reduces VOM emissions from the subject cleaning operation in accordance with the applicable capture and control requirements of this subsection (b)(3), the owner or operator submits a plan to the Agency detailing appropriate monitoring devices, test methods, recordkeeping requirements, and operating parameters for such control device, and such plan is approved by the Agency and USEPA within federally enforceable permit conditions;

4) For sources that manufacture coatings, inks, adhesives, or resins, the owner or operator complies with the following work practices:

A) Equipment being cleaned is maintained leak-free;

B) VOM-containing cleaning materials are drained from the cleaned equipment upon completion of cleaning;

C) VOM-containing cleaning materials, including waste solvent, are not stored or disposed of in such a manner that will cause or allow evaporation into the atmosphere; and

D) VOM-containing cleaning materials are stored in closed containers;

5) Sources that manufacture coatings, inks, adhesives, or resins may utilize solvents that do not comply with subsection (b)(1) or (b)(2) of this Section provided that all of the following requirements are met:

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A) No more than 228 l (60 gal) of fresh solvent is used per calendar month. Solvent that is reused or recycled, either onsite or offsite, for further use in equipment cleaning or in the manufacture of coatings, inks, adhesives, or resins, mustshall not be included in this limit;

B) Solvents, including cleanup solvents, are collected and stored in closed containers; and

C) Records are maintained in accordance with subsection (e)(6). c) The owner or operator of a subject source mustshall demonstrate compliance with this Section by using the applicable test methods and procedures specified in subsection (g) of this Section and by complying with the recordkeeping and reporting requirements specified in subsection (e) of this Section. d) Operating Requirements. The owner or operator of a source subject to the requirements of this Section mustshall comply with the following for each subject cleaning operation. TheseSuch requirements are in addition to work practices specifiedset forth in subsections (b)(4) and (b)(5) of this Section, as applicable:

1) Cover open containers and properly cover and store applicators used to apply cleaning solvents;

2) Minimize air circulation around the cleaning operation;

3) Dispose of all used cleaning solutions, cleaning towels, and applicators used to apply cleaning solvents in closed containers;

4) Utilize equipment practices that minimize emissions;

5) When using cleaning solvent for wipe cleaning, sources that manufacture coatings, inks, adhesives, or resins mustshall:

A) Cover open containers used for the storage of spent or fresh organic compounds used for cleanup or coating, ink, adhesive, or resin removal; and

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B) Cover open containers used for the storage or disposal of cloth or paper impregnated with organic compounds that are used for cleanup or coating, ink, adhesive, or resin removal. e) Recordkeeping and Reporting Requirements

1) The owner or operator of a source exempt from the limitations of this Section because of the criteria in subsection (a)(1) mustof this Section shall comply with the following:

A) By January 1, 2012, or upon initial start-up of the source, whichever is later, submit a certification to the Agency that includes:

i) A declaration that the source is exempt from the requirements of this Section because of the criteria in subsection (a)(1);

ii) Calculations that demonstrate that combined emissions of VOM from cleaning operations at the source, other than cleaning operations identified in subsection (a)(2) of this Section, never equal or exceed 226.8 kg/month (500 lbs/month), in the absence of air pollution control equipment. An emission adjustment factor of 0.50 mustshall be used in calculating emissions from used shop towels if the VOM composite vapor pressure of each associated cleaning solution is demonstrated to be less than 10 mmHg at 20ºC (68ºF) and the used shop towels are kept in closed containers. For cleaning solutions with VOM composite vapor pressure of equal to or greater than 10 mmHg measured at 20ºC (68ºF) and for shop towels that are not kept in closed containers, no emission adjustment factor must notshall be used;

B) On and after January 1, 2012, collect and record the following information each month for each cleaning operation, other than cleaning operations identified in subsection (a)(2) of this Section:

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i) The name and identification of each VOM-containing cleaning solution as applied in each cleaning operation;

ii) The VOM content of each cleaning solution as applied in each cleaning operation;

iii) The weight of VOM per volume and the volume of each as- used cleaning solution; and

iv) The total monthly VOM emissions from cleaning operations at the source;

C) Notify the Agency of any record that shows that the combined emissions of VOM from cleaning operations at the source, other than cleaning operations identified in subsection (a)(2) of this Section, ever equal or exceed 226.8 kg/month (500 lbs/month), in the absence of air pollution control equipment, within 30 days after the event occurs.

2) All sources subject to the requirements of this Section mustshall:

A) By January 1, 2012 or upon initial start-up of the source, whichever is later, submit a certification to the Agency that includes:

i) A declaration that all subject cleaning operations are in compliance with the requirements of this Section;

ii) Identification of each subject cleaning operation and each VOM-containing cleaning solution used as of the date of certification in such operation;

iii) If complying with the emissions control system requirement, what type of emissions control system will be used;

iv) Initial documentation that each subject cleaning operation will comply with the applicable limitation, including copies

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of manufacturer's specifications, test results (if any), formulation data, and calculations;

v) Identification of the methods that will be used to demonstrate continuing compliance with the applicable limitations;

vi) A description of the practices and procedures that the source will follow to ensure compliance with the limitations in subsection (d), and, if applicable, subsection (b)(4); and

vii) A description of each cleaning operation exempt underpursuant to subsection (a)(2), if any, and a listing of the emission units on which the exempt cleaning operation is performed;

B) At least 30 calendar days before changing the method of compliance between subsections (b)(1), (b)(2), (b)(4), or (b)(5) and subsection (b)(3) of this Section, notify the Agency in writing of thesuch change. The notification mustshall include a demonstration of compliance with the newly applicable subsection;

3) All sources complying with this Section underpursuant to the requirements of subsection (b)(1) mustof this Section shall collect and record the following information for each cleaning solution used:

A) For each cleaning solution that is prepared at the source with automatic equipment:

i) The name and identification of each cleaning solution;

ii) The VOM content of each cleaning solvent in the cleaning solution;

iii) Each change to the setting of the automatic equipment, with date, time, description of changes in the cleaning solution constituents (e.g., cleaning solvents), and a description of

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changes to the proportion of cleaning solvent and water (or other non-VOM);

iv) The proportion of each cleaning solvent and water (or other non-VOM) used to prepare the as-used cleaning solution;

v) The VOM content of the as-used cleaning solution, with supporting calculations; and

vi) A calibration log for the automatic equipment, detailing periodic checks;

B) For each batch of cleaning solution that is not prepared at the source with automatic equipment:

i) The name and identification of each cleaning solution;

ii) Date, time of preparation, and each subsequent modification of the batch;

iii) The VOM content of each cleaning solvent in the cleaning solution;

iv) The total amount of each cleaning solvent and water (or other non-VOM) used to prepare the as-used cleaning solution; and

v) The VOM content of the as-used cleaning solution, with supporting calculations. For cleaning solutions that are not prepared at the site but are used as purchased, the manufacturer's specifications for VOM content may be used if such manufacturer's specifications are based on results of tests of the VOM content conducted in accordance with methods specified in Section 219.105(a) of this Part;

4) All sources complying with this Section underpursuant to the requirements of subsection (b)(2) mustof this Section shall collect and record the following information for each cleaning solution used:

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A) The name and identification of each cleaning solution;

B) Date, time of preparation, and each subsequent modification of the batch;

C) The molecular weight, density, and VOM composite partial vapor pressure of each cleaning solvent, as determined in accordance with the applicable methods and procedures specified in Section 219.110 of this Part;

D) The total amount of each cleaning solvent used to prepare the as- used cleaning solution; and

E) The VOM composite partial vapor pressure of each as-used cleaning solution, as determined in accordance with the applicable methods and procedures specified in Section 219.110 of this Part;

5) All sources complying with this Section underpursuant to the requirements of subsection (b)(3) mustof this Section shall comply with the following:

A) By January 1, 2012, or upon initial start-up of the source, whichever is later, and upon initial start-up of a new emissions control system, include in the certification required by subsection (e)(3) of this Section a declaration that the monitoring equipment required under subsection (f) of this Section has been properly installed and calibrated according to manufacturer's specifications;

B) If testing of an emissions control system is conducted underpursuant to subsection (g) of this Section, the owner or operator mustshall, within 90 days after conducting such testing, submit a copy of all test results to the Agency and mustshall submit a certification to the Agency that includes the following:

i) A declaration that all tests and calculations necessary to demonstrate compliance with subsection (b)(3) of this Section have been properly performed;

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ii) A statement whether the subject cleaning operation is or is not in compliance with subsection (b)(3) of this Section;

iii) The operating parameters of the emissions control system during testing, as monitored in accordance with subsection (f) of this Section;

C) Collect and record daily the following information for each cleaning operation subject to the requirements of subsection (b)(3) of this Section:

i) Emissions control system monitoring data in accordance with subsection (f) of this Section, as applicable;

ii) A log of operating time for the emissions control system, monitoring equipment, and associated cleaning equipment;

iii) A maintenance log for the emissions control system and monitoring equipment detailing all routine and non-routine maintenance performed, including dates and duration of any outages;

D) Maintain records documenting the use of good operating practices consistent with the equipment manufacturer's specifications for the cleaning equipment being used and the emissions control system equipment. At a minimum, these records mustshall include:

i) Records for periodic inspection of the cleaning equipment and emissions control system equipment with date of inspection, individual performing the inspection, and nature of inspection;

ii) Records for repair of malfunctions and breakdowns with identification and description of incident, date identified, date repaired, nature of repair, and the amount of VOM released into the atmosphere as a result of the incident;

6) All sources complying with this Section underpursuant to the requirements of subsection (b)(5) mustof this Section shall collect and record monthly

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the following information for each cleaning operation subject to the requirements of subsection (b)(5) of this Section:

A) The name, identification, and volume of each VOM-containing cleaning solution as applied in each cleaning operation;

B) The volume of each fresh cleaning solvent used for cleaning coating, ink, adhesive, or resin manufacturing equipment;

C) The volume of cleaning solvent recovered for either offsite or onsite reuse or recycling for further use in the cleaning of coating, ink, adhesive, or resin manufacturing equipment;

7) The owner or operator of a source with cleaning operations that fall under one or more of the exclusions set forth in subsection (a)(2)(C)(v), (a)(2)(C)(xiii) or (a)(2)(C)(xvii), including sources exempt from the limitations of this Section because of the criteria in subsection (a)(1), mustshall:

A) By January 1, 2012, or upon initial start-up of the source, whichever is later, submit a certification to the Agency that includes a declaration that the source has cleaning operations that fall under one or more of the exclusions set forth in subsection (a)(2)(C)(v), (a)(2)(C)(xiii) or (a)(2)(C)(xvii), and a statement identifying each such cleaning operation and the exclusion applicable to each cleaning operation;

B) Collect and record the name, identification, and volume of each cleaning solvent as applied each day in each cleaning operation that falls under one or more of the exclusions set forth in subsection (a)(2)(C)(v), (a)(2)(C)(xiii), or (a)(2)(C)(xvii); and

C) Notify the Agency in writing if the amount of cleaning solvent used in the cleaning of medical device and pharmaceutical manufacturing operations or of sterilization indicating ink application equipment at the source ever exceeds 5.7 liters (1.5 gallons) per day, or if the amount of aerosol cleaning products used at the source ever exceeds 4.7 liters (1.25 gallons) per day, within 30 days after the exceedance occurs;

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8) The owner or operator of a source with cleaning operations that fall under one or more of the exclusions set forth in subsection (a)(2)(C)(xviii) or (a)(2)(C)(xix), including sources exempt from the limitations of this Section because of the criteria in subsection (a)(1), mustshall:

A) By January 1, 2012, or upon initial start-up of the source, whichever is later, submit a certification to the Agency that includes a declaration that the source has cleaning operations that fall under one or more of the exclusions set forth in subsection (a)(2)(C)(xviii) or (a)(2)(C)(xix), and a statement identifying each such cleaning operation and the exclusion applicable to each cleaning operation;

B) Collect and record the name identification, volume, and VOM content of each cleaning solvent as applied each month in each cleaning operation that falls under one or more of the exclusions set forth in subsection (a)(2)(C)(xviii) or (a)(2)(C)(xix);

C) For cleaning operations that fall under the exclusion set forth in subsection (a)(2)(C)(xviii), collect and record each month information demonstrating that the exempt cleaning solvent is being used exclusively for the cleaning of plastic-based or vinyl- based substrates for use in the screen printing process when using UV curable ink and coating systems; and

D) For cleaning operations that fall under the exclusion set forth in subsection (a)(2)(C)(xix), collect and record each month information demonstrating that the exempt cleaning solvent is being used exclusively for production line performance testing of coatings that are in research and development and are not yet commercially used for the applications for which they are being tested;

9) All sources subject to the requirements of subsections (b) and (d) mustof this Section shall notify the Agency of any violation of subsection (b) or (d) by providing a description of the violation and copies of records documenting the violation to the Agency within 30 days following the occurrence of the violation;

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10) All records required by this subsection (e) mustshall be keptretained by the source for at least three years and mustshall be made available to the Agency upon request. f) Monitoring Requirements

1) If an afterburner is used to demonstrate compliance, the owner or operator of a source subject to subsection(b)(3) mustof this Section shall:

A) Install, calibrate, operate, and maintain temperature monitoring devices with an accuracy of 3oC or 5oF on the emissions control system in accordance with Section 219.105(d)(2) of this Part and in accordance with the manufacturer's specifications. Monitoring mustshall be performed at all times when the emissions control system is operating; and

B) Install, calibrate, operate and maintain, in accordance with manufacturer's specifications, a continuous recorder on the temperature monitoring devices, such as a strip chart, recorder or computer, with at least the same accuracy as the temperature monitor;

2) If a carbon adsorber is used to demonstrate compliance, the owner or operator of a source subject to subsection (b)(3) mustshall use Agency and USEPA approved continuous monitoring equipment that is installed, calibrated, maintained, and operated according to vendor specifications at all times the control device is in use. The continuous monitoring equipment mustshall monitor the VOM concentration of each carbon adsorption bed or the exhaust of the bed next in sequence to be desorbed;

3) If an emissions control system other than an afterburner or carbon adsorber is used to demonstrate compliance, the owner or operator of a source subject to subsection (b)(3) mustof this Section shall install, maintain, calibrate, and operate such monitoring equipment as statedset forth in the owner's or operator's plan approved by the Agency and USEPA underpursuant to subsection (b)(3). g) Testing Requirements

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1) Testing to demonstrate compliance with the requirements of this Section mustshall be conducted by the owner or operator within 90 days after a request by the Agency, or as otherwise specified in this Section. TheSuch testing mustshall be conducted at the expense of the owner or operator and the owner or operator mustshall notify the Agency in writing 30 days in advance of conducting the testing to allow the Agency to be present during the testing;

2) Testing to demonstrate compliance with the VOM content limitations in subsection (b)(1) of this Section, and to determine the VOM content of cleaning solvents and cleaning solutions, mustshall be conducted as follows:

A) The applicable test methods and procedures specified in Section 219.105(a) mustof this Part shall be used; provided, however, Method 24, incorporated by reference in Section 219.112 of this Part, mustshall be used to demonstrate compliance; or

B) The manufacturer's specifications for VOM content for cleaning solvents may be used if such manufacturer's specifications are based on results of tests of the VOM content conducted in accordance with methods specified in Section 219.105(a) of this Part; provided, however, Method 24 mustshall be used to determine compliance. In the event of any inconsistency between a Method 24 test and the manufacturer's specifications, the Method 24 test mustshall govern;

3) Testing to determine the VOM composite partial vapor pressure of cleaning solvents, cleaning solvent concentrates, and as-used cleaning solutions mustshall be conducted in accordance with the applicable methods and procedures specified in Section 219.110 of this Part;

4) For afterburners and carbon adsorbers, the methods and procedures of Section 219.105(d) through (f) mustshall be used for testing to demonstrate compliance with the requirements of subsection (b)(3) of this Section, as follows:

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A) To select the sampling sites, Method 1 or 1A, as appropriate, 40 CFR 60, appendix A, incorporated by reference in Section 219.112 of this Part;

B) To determine the volumetric flow rate of the exhaust stream, Method 2, 2A, 2C, or 2D, as appropriate, 40 CFR 60, appendix A, incorporated by reference in Section 219.112 of this Part;

C) To determine the VOM concentration of the exhaust stream entering and exiting the emissions control system, Method 25 or 25A, as appropriate, 40 CFR 60, appendix A, incorporated by reference in Section 219.112 of this Part. For thermal and catalytic afterburners, Method 25 must be used except under the following circumstances, in which case Method 25A must be used:

i) The allowable outlet concentration of VOM from the emissions control system is less than 50 ppmv, as carbon;

ii) The VOM concentration at the inlet of the emissions control system and the required level of control result in exhaust concentrations of VOM of 50 ppmv, or less, as carbon; and

iii) Due to the high efficiency of the emissions control system, the anticipated VOM concentration at the emissions control system exhaust is 50 ppmv or less, as carbon, regardless of inlet concentration. If the source elects to use Method 25A under this option, the exhaust VOM concentration must be 50 ppmv or less, as carbon, and the required destruction efficiency must be met for the source to have demonstrated compliance. If the Method 25A test results show that the required destruction efficiency apparently has been met, but the exhaust concentration is above 50 ppmv, as carbon, a retest is required. The retest mustshall be conducted using either Method 25 or Method 25A. If the retest is conducted using Method 25A and the test results again show that the required destruction efficiency apparently has been met, but the exhaust concentration is above 50 ppmv, as carbon, the source must retest using Method 25;

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D) During testing, the cleaning equipment mustshall be operated at representative operating conditions and flow rates;

5) An owner or operator using an emissions control system other than an afterburner or carbon adsorber mustshall conduct testing to demonstrate compliance with the requirements of subsection (b)(3) of this Section as statedset forth in the owner's or operator's plan approved by the Agency and USEPA as federally enforceable permit conditions underpursuant to subsection (b)(3).

(Source: Amended at 45 Ill. Reg. ______, effective ______)

SUBPART F: COATING OPERATIONS

Section 219.204 Emission Limitations

Except as provided in Sections 219.205, 219.207, 219.208, 219.212, 219.215 and 219.216 of this Subpart, anno owner or operator of a coating line must notshall apply at any time any coating in which the VOM content exceeds the following emission limitations for the specified coating. Except as otherwise provided in subsections (a), (c), (g), (h), (j), (l), (n), (o), and (q), and (r) of this Section, compliance with the emission limitations marked with an asterisk in this Section is required on and after March 15, 1996, and compliance with emission limitations not marked with an asterisk is required until March 15, 1996. The following emission limitations are expressed in units of VOM per volume of coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied at each coating applicator, except where noted. Compounds which are specifically exempted from the definition of VOM should be treated as water for the purpose of calculating the "less water" part of the coating composition. Compliance with this Subpart must be demonstrated through the applicable coating analysis test methods and procedures specified in Section 219.105(a) of this Part and the recordkeeping and reporting requirements specified in Section 219.211(c) of this Subpart except where noted. (Note: The equation presented in Section 219.206 mustof this Part shall be used to calculate emission limitations for determining compliance by add-on controls, credits for transfer efficiency, emissions trades and cross-line averaging.) The emission limitations are as follows:

a) Automobile or Light-Duty Truck Coating kg/l lb/gal

1) Prior to May 1, 2012:

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A) Prime coat 0.14 (1.2) 0.14* (1.2)*

B) Primer surface coat 1.81 (15.1) 1.81* (15.1)*

BOARD NOTE: The primer surface coat limitation is in units of kg (lbs) of VOM per l (gal) of coating solids deposited. Compliance with the limitation mustshall be based on the daily-weighted average from an entire primer surface operation. Compliance mustshall be demonstrated in accordance with the topcoat protocol referenced in Section 219.105(b)(1)(A) and the recordkeeping and reporting requirements specified in Section 219.211(f). Testing to demonstrate compliance mustshall be performed in accordance with the topcoat protocol and a detailed testing proposal approved by the Agency and USEPA specifying the method of demonstrating compliance with the protocol. Section 219.205 does not apply to the primer surface limitation.)

C) Topcoat kg/l lb/gal 1.81 (15.1) 1.81* (15.1)*

BOARD NOTE: The topcoat limitation is in units of kg (lbs) of VOM per l (gal) of coating solids deposited. Compliance with the limitation mustshall be based on the daily-weighted average from an entire topcoat operation. Compliance mustshall be demonstrated in accordance with the topcoat protocol referenced in Section 219.105(b)(1)(A) of this Part and the recordkeeping and reporting requirements specified in Section 219.211(f). Testing to demonstrate compliance mustshall be performed in accordance with the topcoat protocol and a detailed testing proposal approved by the Agency and USEPA specifying the method of demonstrating compliance with the protocol. Section 219.205 of this Part does not apply to the topcoat limitation.)

D) Final repair coat kg/l lb/gal 0.58 (4.8) 0.58* (4.8)*

2) On and after May 1, 2012, subject automobile and light-duty truck coating lines mustshall comply with the following limitations. These limitations mustshall not apply to materials supplied in containers with a net volume of 0.47 liters (16 oz) or less, or a net weight of 0.45 kg (1 lb) or less:

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A) Electrodeposition primer (EDP) operations. For purposes of this subsection (a)(2)(A), "electrodeposition" means a water-borne dip coating process in which opposite electrical charges are applied to the substrate and the coating. The coating is attracted to the substrate due to the electrochemical potential difference that is created.

kg VOM/l lb VOM/gal coating coating solids solids applied applied

i) When solids turnover ratio (RT) is greater than or equal to 0.160 0.084 (0.7)

ii) When R is greater than or (0.084 x T 0.084 x equal to 0.040 and less than 3500.160-R 3500.160-R T 0.160 T x 8.34)

B) Primer surfacer operations kg VOM/l lb VOM/gal coating coating solids solids deposited deposited

i) VOM content limitation 1.44 (12.0)

ii) Compliance with the limitation set forth in subsection (a)(2)(B)(i) mustshall be based on the daily-weighted average from an entire primer surfacer operation. Compliance mustshall be demonstrated in accordance with the topcoat protocol referenced in Section 219.105(b)(1)(B) and the recordkeeping and reporting requirements specified in Section 219.211(f). Testing to demonstrate compliance mustshall be performed in accordance with the topcoat protocol and a detailed testing proposal approved by the Agency and USEPA specifying the method of

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demonstrating compliance with the protocol. Section 219.205 does not apply to the primer surfacer limitation.

C) Topcoat operations kg VOM/l lb VOM/gal coating coating solids solids deposited deposited

i) VOM content limitation 1.44 (12.0)

ii) Compliance with the limitation set forth in subsection (a)(2)(C)(i) mustshall be based on the daily-weighted average from an entire topcoat operation. Compliance mustshall be demonstrated in accordance with the topcoat protocol referenced in Section 219.105(b)(1)(B) and the recordkeeping and reporting requirements specified in Section 219.211(f). Testing to demonstrate compliance mustshall be performed in accordance with the topcoat protocol and a detailed testing proposal approved by the Agency and USEPA specifying the method of demonstrating compliance with the protocol. Section 219.205 does not apply to the topcoat limitation.

D) Combined primer surfacer and topcoat operations kg VOM/l lb VOM/gal coating coating solids solids deposited deposited

i) VOM content limitation 1.44 (12.0)

ii) Compliance with the limitation set forth in subsection (a)(2)(D)(i) mustshall be based on the daily-weighted average from the combined primer surfacer and topcoat operations. Compliance mustshall be demonstrated in accordance with the topcoat protocol referenced in Section 219.105(b)(1)(B) and the recordkeeping and reporting

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requirements specified in Section 219.211(f). Testing to demonstrate compliance mustshall be performed in accordance with the topcoat protocol and a detailed testing proposal approved by the Agency and USEPA specifying the method of demonstrating compliance with the protocol. Section 219.205 does not apply to the combined primer surfacer and topcoat limitation.

E) Final repair coat operations kg/l lb/gal coatings coatings

i) VOM content limitation 0.58 (4.8)

ii) Compliance with the final repair operations limitation set forth in subsection (a)(2)(E)(i) mustshall be on an occurrence-weighted average basis, calculated in accordance with the equation below, in which clear coatings mustshall have a weighting factor of 2 and all other coatings mustshall have a weighting factor of 1. For purposes of this subsection (a)(2)(E)(ii), an "occurrence" is the application of the combination of coatings that constitute a final repair coat for a single automobile or light-duty truck. Section 219.205 does not apply to the final repair coat limitation.

n 2VOM cc  VOM i VOM  i1 tot n  2

where:

VOMtot = Total VOM content of all coatings, as applied, on an occurrence weighted average basis, and used to determine compliance with this subsection (a)(2)(E).

i = Subscript denoting a specific coating applied.

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n = Total number of coatings applied in the final repair operation, other than clear coatings.

VOMcc = The VOM content, as applied, of the clear coat used in the final repair operation.

VOMi = The VOM content of each coating used in the final repair operation, as applied, other than clear coatings.

F) Miscellaneous Materials. For reactive adhesives subject to this subsection (a)(2)(F), compliance mustshall be demonstrated in accordance with the methods and procedures set forth in appendix A to Subpart PPPP of 40 CFR 63, incorporated by reference in Section 219.112 of this Part.

kg/l lb/gal i) Glass bonding primer 0.90 (7.51)

ii) Adhesive 0.25 (2.09)

iii) Cavity wax 0.65 (5.42)

iv) Trunk sealer 0.65 (5.42)

v) Deadener 0.65 (5.42)

vi) Gasket/gasket sealing 0.20 (1.67) material

vii) Underbody coating 0.65 (5.42)

viii) Trunk interior coating 0.65 (5.42)

ix) Bedliner 0.20 (1.67)

x) Weatherstrip adhesive 0.75 (6.26)

xi) Lubricating 0.70 (5.84) wax/compound

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b) Can Coating kg/l lb/gal

1) Sheet basecoat and overvarnish A) Sheet basecoat 0.34 (2.8) 0.26* (2.2)*

B) Overvarnish 0.34 (2.8) 0.34 (2.8)*

2) Exterior basecoat and overvarnish 0.34 (2.8) 0.25* (2.1)* 3) Interior body spray coat A) Two piece 0.51 (4.2) 0.44* (3.7)*

B) Three piece 0.51 (4.2) 0.51* (4.2)*

4) Exterior end coat 0.51 (4.2) 0.51* (4.2)*

5) Side seam spray coat 0.66 (5.5) 0.66* (5.5)*

6) End sealing compound coat 0.44 (3.7) 0.44* (3.7)* c) Paper Coating

1) Prior to May 1, 2011: kg/l lb/gal 0.28 (2.3)

2) On and after May 1, 2011: kg VOM/kg kg VOM/kg (lb VOM/lb) (lb VOM/lb) solids coatings applied applied

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A) Pressure sensitive tape and 0.20 (0.067) label surface coatings

B) All other paper coatings 0.40 (0.08)

3) The paper coating limitation set forth in this subsection (c) doesshall not apply to any owner or operator of any paper coating line on which flexographic, rotogravure, lithographic, or letterpress printing is performed if the paper coating line complies with the applicable emissions limitations in Subpart H of this Part. In addition, screen printing on paper is not regulated as paper coating, but is regulated under Subpart TT of this Part. On and after May 1, 2011, the paper coating limitation shall also does not apply to coating performed on or in-line with any digital printing press, or to size presses and on-machine coaters on papermaking machines applying sizing or water-based clays. d) Coil Coating kg/l lb/gal 0.31 (2.6) 0.20* (1.7)* e) Fabric Coating 0.35 (2.9) 0.28* (2.3)* f) Vinyl Coating 0.45 (3.8) 0.28* (2.3)* g) Metal Furniture Coating 1) Prior to May 1, 2011: kg/l lb/gal

A) Air dried 0.34 (2.8)

B) Baked 0.28 (2.3)

2) On and after May 1, 2011: kg/l kg/l (lb/gal) (lb/gal) solids applied

A) General, One Component 0.275 0.40 (2.3) (3.3) B) General, Multi-Component

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i) Air dried 0.340 0.55 (2.8) (4.5) ii) Baked 0.360 0.61 (3.0) (5.1) C) Extreme High Gloss i) Air dried 0.340 0.55 (2.8) (4.5)

ii) Baked 0.360 0.61 (3.0) (5.1)

D) Extreme Performance i) Air dried 0.420 0.80 (3.5) (6.7)

ii) Baked 0.360 0.61 (3.0) (5.1) E) Heat Resistant i) Air dried 0.420 0.80 (3.5) (6.7)

ii) Baked 0.360 0.61 (3.0) (5.1)

F) Metallic 0.420 0.80 (3.5) (6.7)

G) Pretreatment Coatings 0.420 0.80 (3.5) (6.7) H) Solar Absorbent i) Air dried 0.420 0.80 (3.5) (6.7)

ii) Baked 0.360 0.61 (3.0) (5.1)

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3) On and after May 1, 2011, the limitations set forth in this subsection (g) doshall not apply to stencil coatings, safety-indicating coatings, solid-film lubricants, electric-insulating and thermal-conducting coatings, touch-up and repair coatings, or coating applications utilizing hand-held aerosol cans. h) Large Appliance Coating

1) Prior to May 1, 2011: kg/l lb/gal

A) Air dried 0.34 (2.8)

B) Baked 0.28 (2.3)

2) On and after May 1, 2011: kg/l kg/l (lb/gal) (lb/gal) solids applied

A) General, One Component 0.275 0.40 (2.3) (3.3) B) General, Multi-Component

i) Air dried 0.340 0.55 (2.8) (4.5) ii) Baked 0.275 0.40 (2.3) (3.3) C) Extreme High Gloss i) Air dried 0.340 0.55 (2.8) (4.5)

ii) Baked 0.360 0.61 (3.0) (5.1)

D) Extreme Performance i) Air dried 0.420 0.80 (3.5) (6.7)

ii) Baked 0.360 0.61 (3.0) (5.1)

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E) Heat Resistant i) Air dried 0.420 0.80 (3.5) (6.7)

ii) Baked 0.360 0.61 (3.0) (5.1)

F) Metallic 0.420 0.80 (3.5) (6.7)

G) Pretreatment Coatings 0.420 0.80 (3.5) (6.7) H) Solar Absorbent i) Air dried 0.420 0.80 (3.5) (6.7)

ii) Baked 0.360 0.61

3) The limitations set forth in this subsection (h) doshall not apply to the use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed 0.95 1 (1 quart) in any one rolling eight-hour period. On and after May 1, 2011, these limitations shall also do not apply to stencil coatings, safety- indicating coatings, solid-film lubricants, electric-insulating and thermal- conducting coatings, touch-up and repair coatings, or coating applications utilizing hand-held aerosol cans. i) Magnet Wire Coating kg/l lb/gal 0.20 (1.7) 0.20* (1.7)* j) Prior to May 1, 2012: Miscellaneous Metal Parts and Products Coating

1) Clear coating 0.52 (4.3) 0.52* (4.3)*

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2) Extreme performance coating A) Air dried 0.42 (3.5) 0.42* (3.5)* B) Baked 0.42 (3.5) 0.40* (3.3)*

3) Steel pail and drum interior coating 0.52 (4.3) 0.52* (4.3)*

4) All other coatings

A) Air dried 0.42 (3.5) 0.40* (3.3)* B) Baked 0.36 (3.0) 0.34* (2.8)* 5) Metallic Coating A) Air dried 0.42 (3.5) 0.42* (3.5)* B) Baked 0.36 (3.0) 0.36 (3.0)*

6) For purposes of subsection (j)(5) of this Section, "metallic coating" means a coating which contains more than ¼ lb/gal of metal particles, as applied.

BOARD NOTE: On and after May 1, 2012, the limitations in Section 219.204(q) shall apply to this category of coating. k) Heavy Off-Highway Vehicle Products Coating kg/l lb/gal 1) Extreme performance prime coat 0.42 (3.5) 0.42* (3.5)* 2) Extreme performance topcoat (air dried) 0.42 (3.5) 0.42* (3.5)*

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3) Final repair coat (air dried) 0.42 (3.5) 0.42* (3.5)*

4) All other coatings are subject to the emission limitations for miscellaneous metal parts and products coatings in subsection (j). l) Wood Furniture Coating

1) Limitations before March 15, 1998: kg/l lb/gal

A) Clear topcoat 0.67 (5.6) B) Opaque stain 0.56 (4.7) C) Pigmented coat 0.60 (5.0)

D) Repair coat 0.67 (5.6) E) Sealer 0.67 (5.6) F) Semi-transparent stain 0.79 (6.6)

G) Wash coat 0.73 (6.1)

BOARD NOTE: Prior to March 15, 1998, an owner or operator of a wood furniture coating operation subject to this Section mustshall apply all coatings, with the exception of no more than 37.8 l (10 gal) of coating per day used for touch-up and repair operations, using one or more of the following application systems: airless spray application system, air- assisted airless spray application system, electrostatic spray application system, electrostatic bell or disc spray application system, heated airless spray application system, roller coating, brush or wipe coating application system, dip coating application system or high volume low pressure (HVLP) application system.)

2) On and after March 15, 1998, wood furniture sealers and topcoats must comply with one of the limitations specified in subsections (l)(2)(A) through (E):

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kg VOM/kg lb VOM/lb solids solids A) Topcoat 0.8 (0.8) B) Sealers and topcoats with the following limits: i) Sealer other than acid-cured 1.9 (1.9) alkyd amino vinyl sealer ii) Topcoat other than acid-cured 1.8 (1.8) alkyd amino conversion varnish topcoat iii) Acid-cured alkyd amino vinyl 2.3 (2.3) sealer iv) Acid-cured alkyd amino 2.0 (2.0) conversion varnish topcoat

C) Meet the provisions of Section 219.215 of this Subpart for use of an averaging approach;

D) Achieve a reduction in emissions equivalent to the requirements of subsection (l)(2)(A) or (B) of this Section, as calculated using Section 219.216 of this Subpart; or

E) Use a combination of the methods specified in subsections (l)(2)(A) through (D) of this Section.

3) Other wood furniture coating limitations on and after March 15, 1998:

kg/l lb/gal A) Opaque stain 0.56 (4.7)

B) Non-topcoat pigmented coat 0.60 (5.0)

C) Repair coat 0.67 (5.6)

D) Semi-transparent stain 0.79 (6.6)

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E) Wash coat 0.73 (6.1)

4) Other wood furniture coating requirements on and after March 15, 1998:

A) ANo source subject to the limitations of subsection (l), (2) or (3) of this Section and utilizing one or more wood furniture coating spray booths must notshall use strippable spray booth coatings containing more than 0.8 kg VOM/kg solids (0.8 lb VOM/lb solids), as applied.

B) Any source subject to the limitations of subsection (l)(2) or (3) mustof this Section shall comply with the requirements of Section 219.217 of this Subpart.

C) Any source subject to the limitations of subsection (l)(2)(A) or (B) of this Section and utilizing one or more continuous coaters, mustshall for each continuous coater, use an initial coating which complies with the limitations of subsection (l)(2)(A) or (B) of this Section. The viscosity of the coating in each reservoir mustshall always be greater than or equal to the viscosity of the initial coating in the reservoir. The owner or operator mustshall:

i) Monitor the viscosity of the coating in the reservoir with a viscosity meter or by testing the viscosity of the initial coating and retesting the coating in the reservoir each time solvent is added;

ii) Collect and record the reservoir viscosity and the amount and weight of VOM per weight of solids of coating and solvent each time coating or solvent is added; and

iii) Maintain these records at the source for a period of three years. m) Prior to May 1, 2012: Plastic Parts Coating: kg/l lb/gal Automotive/Transportation

1) Interiors

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A) Baked i) Color coat 0.49* (4.1)*

ii) Primer 0.46* (3.8)*

B) Air dried i) Color coat 0.38* (3.2)* ii) Primer 0.42* (3.5)*

2) Exteriors (flexible and non-flexible) A) Baked i) Primer 0.60* (5.0)*

ii) Primer non-flexible 0.54* (4.5)* iii) Clear coat 0.52* (4.3)* iv) Color coat 0.55* (4.6)*

B) Air dried i) Primer 0.66* (5.5)* ii) Clear coat 0.54* (4.5)*

iii) Color coat (red & black) 0.67* (5.6)* iv) Color coat (others) 0.61* (5.1)* 3) Specialty

A) Vacuum metallizing basecoats, 0.66* (5.5)* texture basecoats B) Black coatings, reflective argent 0.71* (5.9)* coatings, air bag cover coatings, and soft coatings

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C) Gloss reducers, vacuum metallizing 0.77* (6.4)* topcoats, and texture topcoats

D) Stencil coatings, adhesion primers, 0.82* (6.8)* ink pad coatings, electrostatic prep coatings, and resist coatings

E) Head lamp lens coatings 0.89* (7.4)*

BOARD NOTE: On and after May 1, 2012, the limitations in Section 219.204(q) shall apply to this category of coating. n) Prior to May 1, 2012: Plastic Parts Coating: kg/l lb/gal Business Machine

1) Primer 0.14* (1.2)* 2) Color coat (non-texture coat) 0.28* (2.3)*

3) Color coat (texture coat) 0.28* (2.3)* 4) Electromagnetic interference/radio frequency 0.48* (4.0)* interference (EMI/RFI) shielding coatings 5) Specialty Coatings A) Soft coat 0.52* (4.3)*

B) Plating resist 0.71* (5.9)* C) Plating sensitizer 0.85* (7.1)*

BOARD NOTE: On and after May 1, 2012, the limitations in Section 219.204(q) shall apply to this category of coating. o) Flat Wood Paneling Coatings. On and after August 1, 2010, flat wood paneling coatings mustshall comply with one of the following limitations:

1) 0.25 kg VOM/l of coatings (2.1 lb VOM/gal coatings); or

2) 0.35 kg VOM/l solids (2.9 lb VOM/gal solids).

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BOARD NOTE: The Board has omitted subsection (p) and adopted a subsection (q) in order to preserve consistent labeling with similar requirements in 35 Ill. Adm. Code 218. q) Miscellaneous Metal Parts and Products Coatings and Plastic Parts and Products Coatings On and After May 1, 2012. On and after May 1, 2012, the owner or operator of a miscellaneous metal or plastic parts coating line mustshall comply with the limitations in this subsection (q). The limitations in this subsection (q) doshall not apply to aerosol coating products, powder coatings, or primer sealants and ejection cartridge sealants used in ammunition manufacturing. Primer sealants and ejection cartridge sealants areshall instead be regulated under Subpart TT of this Part.

1) Metal Parts and Products. For purposes of this subsection (q)(1), "corrosion resistant basecoat" means a water-borne epoxy coating applied via an electrodeposition process to a metal surface prior to spray coating, for the purpose of enhancing corrosion resistance. The limitations in this subsection (q)(1) doshall not apply to stencil coats, safety-indicating coatings, solid-film lubricants, electric-insulating and thermal-conducting coatings, magnetic data storage disk coatings, and plastic extruded onto metal parts to form a coating. The limitations in Section 219.219, however, shall apply to these coatings unless specifically excluded in Section 219.219.

kg VOM/l lb VOM/gal coating coating solids solids applied applied

A) General one component coating

i) Air dried 0.34 0.54 (2.8) (4.52)

ii) Baked 0.28 0.40 (2.3) (3.35)

B) General multi-component coating

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i) Air dried 0.34 0.54 (2.8) (4.52)

ii) Baked 0.28 0.40 (2.3) (3.35)

C) Camouflage coating 0.42 0.80 (3.5) (6.67)

D) Electric-insulating varnish 0.42 0.80 (3.5) (6.67)

E) Etching filler 0.42 0.80 (3.5) (6.67)

F) Extreme high-gloss coating

i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.36 0.61 (3.0) (5.06)

G) Extreme performance coating

i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.36 0.61 (3.0) (5.06)

H) Heat-resistant coating

i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.36 0.61 (3.0) (5.06)

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I) High performance architectural 0.42 0.80 coating (3.5) (6.67)

J) High temperature coating 0.42 0.80 (3.5) (6.67)

K) Metallic coating

i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.36 0.61 (3.0) (5.06)

L) Military specification coating

i) Air dried 0.34 0.54 (2.8) (4.52)

ii) Baked 0.28 0.40 (2.3) (3.35)

M) Mold-seal coating 0.42 0.80 (3.5) (6.67)

N) Pan backing coating 0.42 0.80 (3.5) (6.67)

O) Prefabricated architectural coating: multi-component

i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.28 0.40 (2.3) (3.35)

P) Prefabricated architectural coating: one-component

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i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.28 0.40 (2.3) (3.35)

Q) Pretreatment coating 0.42 0.80 (3.5) (6.67)

R) Repair coats and touch-up coatings

i) Air dried 0.42 (3.5)

ii) Baked 0.36 (3.01)

S) Silicone release coating 0.42 0.80 (3.5) (6.67)

T) Solar-absorbent coating

i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.36 0.61 (3.0) (5.06)

U) Vacuum-metalizing coating 0.42 0.80 (3.5) (6.67)

V) Drum coating, new, exterior 0.34 0.54 (2.8) (4.52)

W) Drum coating, new, interior 0.42 0.80 (3.5) (6.67)

X) Drum coating, reconditioned, 0.42 0.80

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exterior (3.5) (6.67)

Y) Drum coating, reconditioned, 0.50 1.17 interior (4.2) (9.78)

Z) Ammunition sealants

i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.36 0.61 (3.0) (5.06)

AA) Electrical switchgear compartment coatings

i) Air dried 0.42 0.80 (3.5) (6.67)

ii) Baked 0.36 0.61 (3.0) (5.06)

BB) All other coatings

i) Air dried 0.40 0.73 (3.3) (5.98)

ii) Baked: primer/topcoat 0.34 0.54 (2.8) (4.52)

2) Plastic Parts and Products: Miscellaneous. For purposes of this subsection (q)(2), miscellaneous plastic parts and products are plastic parts and products that are not subject to subsection (q)(3), (q)(4), (q)(5), or (q)(6) of this Section. The limitations in subsection (q)(2) doshall not apply to touch-up and repair coatings; stencil coats applied on clear or transparent substrates; clear or translucent coatings; coatings applied at a paint manufacturing facility while conducting performance tests on the coatings;

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NOTICE OF PROPOSED AMENDMENTS any individual coating category used in volumes less than 189.2 liters (50 gallons) in any one calendar year, if the total usage of all such coatings does not exceed 756.9 liters (200 gallons) per calendar year per source and substitute compliant coatings are not available; reflective coatings applied to highway cones; mask coatings that are less than 0.5 mm thick (dried) if the area coated is less than 25 square inches; electromagnetic interference/radio frequency interference (EMI/RFI) shielding coatings; and heparin-benzalkonium chloride (HBAC)-containing coatings applied to medical devices if the total usage of all such coatings does not exceed 378.4 liters (100 gallons) per calendar year per source. The limitations in Section 219.219, however, shall apply to thesesuch coatings unless specifically excluded. in Section 219.219.)

kg/l kg/l (lb/gal) (lb/gal) coatings solids

A) General one component coating 0.28 0.40 (2.3) (3.35)

B) General multi-component 0.42 0.80 (3.5) (6.67)

C) Electric dissipating coatings 0.80 8.96 and shock-free coatings (6.7) (74.7)

D) Extreme performance 0.42 0.80 (2-pack coatings) (3.5) (6.67)

E) Metallic coating 0.42 0.80 (3.5) (6.67)

F) Military specification coating

i) 1-pack coatings 0.28 0.54 (2.3) (4.52)

ii) 2-pack coatings 0.42 0.80 (3.5) (6.67)

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G) Mold-seal coating 0.76 5.24 (6.3) (43.7)

H) Multi-colored coating 0.68 3.04 (5.7) (25.3)

I) Optical coating 0.80 8.96 (6.7) (74.7)

J) Vacuum-metalizing coating 0.80 8.96 (6.7) (74.7)

3) Plastic Parts and Products Automotive/Transportation

kg/l kg/l (lb/gal) (lb/gal) coatings solids

A) High bake coatings − interior and exterior parts

i) Flexible primer 0.54 1.39 (4.5) (11.58)

ii) Non-flexible primer 0.42 0.80 (3.5) (6.67)

iii) Basecoats 0.52 1.24 (4.3) (10.34)

iv) Clear coat 0.48 1.05 (4.0) (8.76)

v) Non-basecoat/clear coat 0.52 1.24 (4.3) (10.34)

B) Low bake/air dried coatings −

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exterior parts

i) Primers 0.58 1.66 (4.8) (13.80)

ii) Basecoat 0.60 1.87 (5.0) (15.59)

iii) Clear coats 0.54 1.39 (4.5) (11.58)

iv) Non-basecoat/clear coat 0.60 1.87 (5.0) (15.59)

C) Low bake/air dried coatings − interior parts

i) Color coat 0.38 0.67 (3.2) (5.66)

ii) Primer 0.42 0.80 (3.5) (6.67)

D) Touchup and repair coatings 0.62 2.13 (5.2) (17.72)

E) Specialty

i) Vacuum metallizing basecoats 0.66 2.62 (5.5) (21.8)

ii) Vacuum metallizing topcoats 0.77 6.06 (6.4) (49.1)

F) Red, yellow, and black coatings: Subject coating lines shall comply with a limit determined by multiplying the appropriate limit in subsections (q)(3)(A) through (q)(3)(C) of this Section by

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1.15.

4) Plastic Parts and Products: Business Machine. The limitations of this subsection (q)(4) doshall not apply to vacuum metallizing coatings, gloss reducers, texture topcoats, adhesion primers, electrostatic preparation coatings, stencil coats, and resist coats other than plating resist coats. The limitations in Section 219.219, however, shall apply to thesesuch coatings unless specifically excluded in Section 219.219.

kg/l kg/l (lb/gal) (lb/gal) coatings solids

A) Primers 0.35 0.57 (2.9) (4.80)

B) Topcoat 0.35 0.57 (2.9) (4.80)

C) Color coat (texture coat) 0.28 0.40 (2.3) (4.80)

D) Color coat (non-texture coat) 0.28 0.40 (2.3) (4.80)

E) Texture coats other than color 0.35 0.57 texture coats (2.9) (4.80)

F) EMI/RFI shielding coatings 0.48 1.05 (4.0) (8.76)

G) Fog coat 0.26 0.38 (2.2) (3.14)

H) Touchup and repair 0.35 0.57 (2.9) (4.80)

5) Pleasure Craft Surface Coatings

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kg/l kg/l (lb/gal) (lb/gal) coatings solids A) Extreme high gloss coating − 0.60 1.88 topcoat (5.0) (15.6)

B) High gloss coating − topcoat 0.42 0.80 (3.5) (6.7)

C) Pretreatment wash primer 0.78 6.67 (6.5) (55.6)

D) Finish primer surfacer

Prior to January 1, 2014 0.60 1.88 (5.0) (15.6)

On and after January 1, 2014 0.42 0.80 (3.5) (6.7)

E) High build primer/surfacer 0.34 0.55 (2.8) (4.6)

F) Aluminum substrate antifoulant 0.56 1.53 coating (4.7) (12.8)

G) Other substrate antifoulant coating 0.40 0.73 (3.3) (5.8)

H) Antifouling Sealer/Tie Coat 0.42 0.80 (3.5) (6.7)

I) All other pleasure craft surface 0.42 0.80 coatings for metal or plastic (3.5) (6.7)

6) Motor Vehicle Materials

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kg/l (lb/gal) coatings A) Cavity wax 0.65 (5.42)

B) Sealer 0.65 (5.42)

C) Deadener 0.65 (5.42)

D) Gasket/gasket sealing material 0.20 (1.67)

E) Underbody coating 0.65 (5.42)

F) Trunk interior coating 0.65 (5.42)

G) Bedliner 0.20 (1.67)

H) Lubricating wax/compound 0.70 (5.84) r) Aerospace Facilities. On and after January 1, 2021, the owner or operator of an aerospace facility must comply with the coating limitations in this subsection (r). The limitations in this subsection (r) do not apply to the following activities in which coating of aerospace components and vehicles may take place: research and development, quality control, laboratory testing, and electronic parts and assemblies (except for coating of completed assemblies). The limitations in this subsection (r) also do not apply to aerospace facility operations involving space vehicles or rework operations performed on antique aerospace vehicles or components. The coating limitations in subsection (r)(2) do not apply to aerosol coatings, Department of Defense classified coatings, or the use of separate formulations of aerospace specialty coatings in volumes of less than 50 gallons

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NOTICE OF PROPOSED AMENDMENTS per year, subject to a maximum exemption of 200 gallons for all such formulations applied annually.

1) VOM Content Limitations for Primers, Topcoats, and Chemical Milling Maskants kg/l lb/gal

A) Aerospace primer 0.350 (2.9)

B) Primer for general aviation rework 0.540 (4.5) facility

C) Exterior primer for large 0.650 (5.4) commercial aircraft (components or fully assembled)

D) Topcoat 0.420 (3.5)

E) Topcoat for general aviation rework 0.540 (4.5) facility

F) Self-priming topcoat for aerospace 0.420 (3.5) applications

G) Self-priming topcoat for general 0.540 (4.5) aviation rework facility

H) Chemical milling maskant, type I 0.662 (5.2)

I) Chemical milling maskant, type II 0.160 (1.3)

2) VOM Content Limitations for Aerospace Specialty Coatings

kg/l lb/gal

A) Ablative coating 0.600 (5.0)

B) Adhesion promoter for aerospace 0.890 (7.4) applications

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C) Adhesive bonding primer cured 1.030 (8.6) above 250°F

D) Adhesive bonding primer cured at 0.850 (7.1) or below 250°F

E) Aerospace flexible primer 0.640 (5.3)

F) Aerospace pretreatment coating 0.780 (6.5)

G) Antichafe coating 0.660 (5.5)

H) Bearing coating 0.620 (5.2)

I) Bonding maskant 1.230 (10.3)

J) Caulking and smoothing 0.850 (7.1) compounds

K) Chemical agent-resistant coating 0.550 (4.6)

L) Clear coating for aerospace 0.720 (6.0) applications

M) Commercial exterior aerodynamic 0.650 (5.4) structure primer

N) Commercial interior adhesive 0.750 (6.3)

O) Compatible substrate primer 0.780 (6.5)

P) Corrosion prevention system 0.710 (5.9)

Q) Critical use and line sealer maskant 1.020 (8.5)

R) Cryogenic flexible primer 0.650 (5.4)

S) Cryoprotective coating 0.600 (5.0)

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T) Cyanoacrylate adhesive 1.020 (8.5)

U) Dry lubricative material for 0.870 (7.3) aerospace applications

V) Elecrostatic discharge and 0.800 (6.7) electromagnetic interference coating

W) Elevated temperature Skydrol- 0.740 (6.2) resistant commercial primer

X) Epoxy-polyamide topcoat 0.660 (5.5)

Y) Extrudable, rollable, or brushable 0.280 (2.3) sealant for aerospace applications

Z) Fire-resistant interior coating 0.800 (6.7)

AA) Flight test coatings: missile or 0.420 (3.5) single use aircraft

BB) Flight test coatings: all other 0.840 (7.0)

CC) Fuel tank adhesive for aerospace 0.620 (5.2) applications

DD Fuel tank coating for aerospace 0.720 (6.0) applications

EE) High temperature coating 0.850 (7.1)

FF) Insulation covering 0.740 (6.2)

GG) Intermediate release coating 0.750 (6.3)

HH) Lacquer 0.830 (6.9)

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II) Metalized epoxy coating 0.740 (6.2)

JJ) Mold release coating for aerospace 0.780 (6.5) applications

KK) Nonstructural adhesive for 0.360 (3.0) aerospace applications

LL) Optical anti-reflective coating 0.750 (6.3)

MM) Part marking aerospace coating 0.850 (7.1)

NN) Radiation-effect or electric coating 0.800 (6.7)

OO) Rain erosion-resistant coating 0.850 (7.1)

PP) Rocket motor bonding adhesive 0.890 (7.4)

QQ) Rocket motor nozzle coating 0.660 (5.5)

RR) Rubber-based adhesive 0.850 (7.1)

SS) Scale inhibitor 0.870 (7.3)

TT) Screen print ink for aerospace 0.840 (7.0) applications

UU) Seal coat maskant 1.230 (10.3)

VV) Sprayable sealant for aerospace 0.600 (5.0) applications

WW) Silicone insulation material 0.850 (7.1)

XX) Solid film lubricant 0.870 (7.3)

YY) Specialized function coating 0.890 (7.4)

ZZ Structural autoclavable adhesive for 0.060 (0.5)

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aerospace applications

AAA) Structural nonautoclavable adhesive 0.850 (7.1) for aerospace applications

BBB) Temporary protective coating for 0.320 (2.7) aerospace applications

CCC) Thermal control coating for 0.800 (6.7) aerospace applications

DDD) Wet fastener installation coating 0.670 (5.6)

EEE) Wing coating 0.850 (7.1)

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 219.205 Daily-Weighted Average Limitations

AnNo owner or operator of a coating line subject to the limitations of Section 219.204 of this Subpart and complying by means of this Section must notshall operate the subject coating line unless the owner or operator has demonstrated compliance with subsection (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j), or (k) of this Section (depending upon the category of coating) through the applicable coating analysis test methods and procedures specified in Section 219.105(a) of this Part and the recordkeeping and reporting requirements specified in Section 219.211(d) of this Subpart:

a) AnNo owner or operator of a coating line subject to only one of the limitations from among Section 219.204(a)(1)(A), (a)(1)(D), (a)(2)(A), (a)(2)(E), (a)(2)(F), (c)(1), (d), (e), (f), (i), or (o) must notof this Subpart shall apply coatings on any such coating line, during any day, whose daily-weighted average VOM content exceeds the emission limitation to which the coatings are subject.

b) Prior to May 1, 2012, anno owner or operator of a miscellaneous metal parts and products coating line subject to the limitations of Section 219.204(j) must notof this Subpart shall apply coatings to miscellaneous metal parts or products on the subject coating line unless the requirements in subsection (b)(1) or (b)(2) of this Section are met.

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1) For each coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(j) of this Subpart during the same day (e.g., all coatings used on the line are subject to 0.42 kg/l (3.5 lbs/gal)), the daily-weighted average VOM content mustshall not exceed the coating VOM content limit corresponding to the category of coating used; or

2) For each coating line that applies coatings subject to more than one numerical emission limitation in Section 219.204(j) of this Subpart, during the same day, the owner or operator mustshall have a site-specific proposal approved by the Agency and approved by the USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy), 51 Fed. Reg. 43814 (December 4, 1986), must be satisfied. c) AnNo owner or operator of a can coating line subject to the limitations of Section 219.204(b) must notof this Subpart shall operate the subject coating line using a coating with a VOM content in excess of the limitations specified in Section 219.204(b) of this Subpart unless all of the following requirements are met:

1) An alternative daily emission limitation for the can coating operation, i.e., for all of the can coating lines at the source, mustshall be determined according to subsection (c)(2) of this Section. Actual daily emissions mustshall never exceed the alternative daily emission limitation and mustshall be calculated by use of the following equation.

n Eb  ViCi i1

where:

Ed = Actual VOM emissions for the day in units of kg/day (lbs/day);

i = Subscript denoting a specific coating applied;

n = Total number of coatings applied in the can coating operation, i.e., all can coating lines at the source;

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Vi = Volume of each coating applied for the day in units of l/day (gal/day) of coating (minus water and any compounds that are specifically exempted from the definition of VOM);

Ci = The VOM content of each coating as applied in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds that are specifically exempted from the definition of VOM).

2) The alternative daily emission limitation (Ad) mustshall be determined for the can coating operation, i.e., for all of the can coating lines at the source, on a daily basis as follows:

n Di  Ci  Ad  Vi Li i1 Di  Li 

where:

Ad = The VOM emissions allowed for the day in units of kg/day (lbs/day);

i = Subscript denoting a specific coating applied;

n = Total number of surface coatings applied in the can coating operation;

Ci = The VOM content of each surface coating as applied in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds that are specifically exempted from the definition of VOM);

Di = The density of VOM in each coating applied. For the purposes of calculating Ad, the density is 0.882kg VOM/l VOM (7.36 lbs VOM/gal VOM);

Vi = Volume of each surface coating applied for the day in units of l (gal) of coating (minus water and any compounds that are specifically exempted from the definition of VOM);

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Li = The VOM emission limitation for each surface coating applied as specified in Section 219.204(b) of this Subpart in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds that are specifically exempted from the definition of VOM). d) AnNo owner or operator of a heavy off-highway vehicle products coating line subject to the limitations of Section 219.204(k) must notof this Subpart shall apply coatings to heavy off-highway vehicle products on the subject coating line unless the requirements of subsection (d)(1) or (d)(2) of this Section are met.

1) For each coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(k) of this Subpart, during the same day (e.g., all coatings used on the line are subject to 0.42 kg/l (3.5 lbs/gal), the daily-weighted average VOM content mustshall not exceed the coating VOM content limit corresponding to the category of coating used; or

2) For each coating line that applies coatings subject to more than one numerical emission limitation in Section 219.204(k) of this Subpart, during the same day, the owner or operator mustshall have a site specific proposal approved by the Agency and approved by the USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy), 51 Fed. Reg. 43814 (December 4, 1986), must be satisfied. e) AnNo owner or operator of a wood furniture coating line subject to the limitations of Section 219.204(l)(1) or (l)(3) must notof this Subpart shall apply coatings to wood furniture on the subject coating line unless the requirements of subsection (e)(1) or (e)(2) of this Section, in addition to the requirements specified in the note to Section 219.204(l)(1) of this Subpart, are met.

1) For each coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(l)(1) or (l)(3) of this Subpart, during the same day (e.g., all coatings used on the line are subject to 0.67 kg/l (5.6 lbs/gal)), the daily- weighted average VOM content mustshall not exceed the coating VOM content limit corresponding to the category of coating used; or

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2) For each coating line that applies coatings subject to more than one numerical emission limitation in Section 219.204(l)(1) or (l)(3) of this Subpart, during the same day, the owner or operator mustshall have a site specific proposal approved by the Agency and approved by the USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy), 51 Fed. Reg. 43814 (December 4, 1986), must be satisfied. f) Prior to May 1, 2012, anno owner or operator of a plastic parts coating line subject to the limitations of Section 219.204(m) or (n) must notof this Subpart shall apply coatings to business machine or automotive/transportation plastic parts on the subject coating line unless the requirements of subsection (f)(1) or (f)(2) of this Section are met.

1) For each coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(m) or (n) of this Subpart, during the same day (e.g., all coatings used on the line are subject to 0.42 kg/l (3.5 lbs/gal)), the daily-weighted average VOM content mustshall not exceed the coating VOM content limit corresponding to the category of coating used; or

2) For each coating line that applies coatings subject to more than one numerical emission limitation in Section 219.204(m) or (n) of this Subpart, during the same day, the owner or operator mustshall have a site specific proposal approved by the Agency and USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied. g) AnNo owner or operator of a metal furniture coating line subject to the limitations of Section 219.204(g) must notof this Subpart shall apply coatings on the subject coating line unless the requirements of subsection (g)(1) or (g)(2) of this Section are met:

1) For each coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(g) of this Subpart, during the same day (e.g., all coatings used on the line are subject to 0.34 kg/l (2.8 lbs/gal)), the daily-weighted average VOM content mustshall not exceed the coating VOM content limit corresponding to the category of coating used; or

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2) For each coating line that applies coatings subject to more than one numerical emission limitation in Section 219.204(g) of this Subpart, during the same day, the owner or operator mustshall have a site specific proposal approved by the Agency and USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied. h) No owner or operator of a large appliance coating line subject to the limitations of Section 219.204(h) must notof this Subpart shall apply coatings on the subject coating line unless the requirements of subsection (h)(1) or (h)(2) of this Section are met.

1) For each coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(h) of this Subpart, during the same day (e.g., all coatings used on the line are subject to 0.34 kg/l (2.8 lbs/gal)), the daily-weighted average VOM content mustshall not exceed the coating VOM content limit corresponding to the category of coating used; or

2) For each coating line that applies coatings subject to more than one numerical emission limitation in Section 219.204(h) of this Subpart, during the same day, the owner or operator mustshall have a site specific proposal approved by the Agency and USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied. i) On and after May 1, 2011, anno owner or operator of a paper coating line subject to the limitations of Section 219.204(c) must notof this Subpart shall apply coatings on the subject coating line unless the requirements in subsection (i)(1) or (i)(2) of this Section are met:

1) For each coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(c) during the same day (e.g., all coatings used on the line are subject to 0.40 kg/kg solids (0.08 kg/kg coatings)), the daily-weighted average VOM content mustshall not exceed the coating VOM content limit corresponding to the category of coating used; or

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2) For each coating line that applies coatings subject to more than one numerical emission limitation in Section 219.204(c) during the same day, the owner or operator mustshall have a site-specific proposal approved by the Agency and approved by USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy), 51 Fed. Reg. 43814 (December 4, 1986), must be satisfied. j) On and after May 1, 2012, anno owner or operator of a miscellaneous metal parts and products coating line, plastic parts or products coating line, pleasure craft surface coating line, or motor vehicle materials coating line subject to the limitations of Section 219.204(q) must notof this Subpart shall apply coatings on the subject coating line unless the requirements of subsection (j)(1) or (j)(2) of this Section are met:

1) For each coating line that applies multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(q) of this Subpart, during the same day (e.g., all coatings used on the line are subject to 0.42 kg/l (3.5 lbs/gal)), the daily-weighted average VOM content mustshall not exceed the coating VOM content limit corresponding to the category of coating used; or

2) For each coating line that applies coatings subject to more than one numerical emission limitation in Section 219.204(q) of this Subpart, during the same day, the owner or operator mustshall have a site specific proposal approved by the Agency and approved by USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied. k) An owner or operator of an aerospace facility subject to the limitations of Section 219.204(r) must not apply coatings at the subject facility unless the requirements of subsection (k)(1) or (k)(2) are met:

1) For each averaging plan that involves multiple coatings, all of which are subject to the same numerical emission limitation within Section 219.204(r), during the same day (e.g., all coatings used on the line are subject to 0.42 kg/l (3.5 lbs/gal)), the daily-weighted average VOM content must not exceed the coating VOM content limit corresponding to the category of coating used;

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2) For each averaging plan that involves coatings subject to more than one numerical emission limitation in Section 219.204(r), during the same day, the owner or operator must have a site specific proposal approved by the Agency and approved by USEPA as a SIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 219.207 Alternative Emission Limitations

a) Any owner or operator of a coating line subject to Section 219.204 of this Subpart, except coating lines subject to Section 219.204(q)(6), may comply with this Section, rather than with Section 219.204 of this Subpart, if a capture system and control device are operated at all times the coating line is in operation and the owner or operator demonstrates compliance with subsection (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m), or (n) of this Section (depending upon the source category) through the applicable coating analysis and capture system and control device efficiency test methods and procedures specified in Section 219.105 of this Part and the recordkeeping and reporting requirements specified in Section 219.211(e) of this Subpart; and the control device is equipped with the applicable monitoring equipment specified in Section 219.105(d) of this Part and the monitoring equipment is installed, calibrated, operated and maintained according to vendor specifications at all times the control device is in use. A capture system and control device, which does not demonstrate compliance with subsection (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m), or (n) of this Section may be used as an alternative to compliance with Section 219.204 of this Subpart only if the alternative is approved by the Agency and approved by the USEPA as a SIP revision.

b) Alternative Add-On Control Methodologies

1) The coating line is equipped with a capture system and control device that provides 81 percent reduction in the overall emissions of VOM from the coating line and the control device has a 90 percent efficiency; or

2) The system used to control VOM from the coating line is demonstrated to have an overall efficiency sufficient to limit VOM emissions to no more

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than what is allowed under Section 219.204 of this Subpart. Use of any control system other than an afterburner, carbon adsorption, condensation, or absorption scrubber system can be allowed only if approved by the Agency and approved by the USEPA as a SIP revision. The use of transfer efficiency credits can be allowed only if approved by the Agency and approved by the USEPA as a SIP revision. Baseline transfer efficiencies and transfer efficiency test methods must be approved by the Agency and the USEPA. Such overall efficiency is to be determined as follows:

A) Obtain the emission limitation from the appropriate subsection in Section 219.204 of this Subpart;

B) Unless complying with an emission limitation in Section 219.204 that is already expressed in terms of weight of VOM per volume of solids, calculate "S" according to the equation in Section 219.206 of this Subpart. For coating lines subject to an emission limitation in Section 219.204 that is already expressed in terms of weight of VOM per volume of solids, "S" is equal to such emission limitation;

C) Calculate the overall efficiency required according to Section 219.105(e) of this Part. For the purposes of calculating this value, according to the equation in Section 219.105(e)(2) of this Part, VOM1 is equal to the value of "S" as determined in subsection (b)(2)(B) of this Section. If the coating line is subject to an emission limitation in Section 219.204 of this Subpart that is already expressed in terms of weight of VOM per volume of solids, VOM1 is equal to that emission limitation. c) AnNo owner or operator of a coating line subject to only one of the emission limitations from among Section 219.204(a)(1)(A), (a)(1)(D), (a)(2)(A),(a)(2)(E), (a)(2)(F), (c)(1), (d), (e), (f), or (i) of this Subpart and equipped with a capture system and control device must notshall operate the subject coating line unless the requirements in subsection (b)(1) or (b)(2) of this Section are met. AnNo owner or operator of a coating line subject to Section 219.204(a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of this Subpart and equipped with a capture system and control device must notshall operate the coating line unless the owner or operator demonstrates compliance with such limitation in accordance with the topcoat protocol referenced in Section 219.105(b)(1)(A) or (b)(1)(B), as applicable.

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d) AnNo owner or operator of a miscellaneous metal parts and products coating line that applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within Section 219.204(j) of this Subpart (e.g., all coatings used on the line are subject to 0.42 kg/l (3.5 lbs/gal)), and that is equipped with a capture system and control device must notshall operate the subject coating line unless the requirements in subsection (b)(1) or (b)(2) of this Section are met. e) AnNo owner or operator of a heavy off-highway vehicle products coating line that applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within Section 219.204(k) of this Subpart (e.g., all coatings used on the line are subject to 0.42 kg/l (3.5 lbs/gal)), and that is equipped with a capture system and control device must notshall operate the subject coating line unless the requirements in subsection (b)(1) or (b)(2) of this Section are met. f) AnNo owner or operator of a wood furniture coating line that applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within Section 219.204(l) of this Subpart (e.g., all coatings used on the line are subject to 0.67 kg/l (5.6 lbs/gal)), and that is equipped with a capture system and control device must notshall operate the subject coating line unless the requirements in subsection (b)(1) or (b)(2) of this Section are met. If compliance is achieved by meeting the requirements in subsection (b)(2) of this Section, then the provisions in the note to Section 219.204(l) of this Subpart must also be met. g) AnNo owner or operator of a can coating line equipped with a capture system and control device must notshall operate the subject coating line unless the requirements in subsection (g)(1) or (g)(2) of this Section are met.

1) An alternative daily emission limitation for the can coating operation, i.e., for all of the can coating lines at the source, mustshall be determined according to Section 219.205(c)(2) of this Subpart. Actual daily emissions must notshall never exceed the alternative daily emission limitation and mustshall be calculated by use of the following equation:

n Ed  ViCi 1 Fi  i1

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where:

Ed = Actual VOM emissions for the day in units of kg/day (lbs/day);

i = Subscript denoting the specific coating applied;

n = Total number of surface coatings as applied in the can coating operation;

Vi = Volume of each coating as applied for the day in units of l/day (gal/day) of coating (minus water and any compounds that are specifically exempted from the definition of VOM);

Ci = The VOM content of each coating as applied in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds that are specifically exempted from the definition of VOM); and

Fi = Fraction, by weight, of VOM emissions from the surface coating, reduced or prevented from being emitted to the ambient air. This is the overall efficiency of the capture system and control device.

2) The coating line is equipped with a capture system and control device that provide 75 percent reduction in the overall emissions of VOM from the coating line and the control device has a 90 percent efficiency. h) AnNo owner or operator of a plastic parts coating line that applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within Section 219.204(m) or (n) of this Subpart (e.g., all coatings used on the line are subject to 0.42 kg/l (3.5 lbs/gal)), and that is equipped with a capture system and control device must notshall operate the subject coating line unless the requirements in subsection (b)(1) or (b)(2) of this Section are met. i) Prior to May 1, 2011, anno owner or operator of a metal furniture coating line that

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applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within Section 219.204(g) of this Subpart (e.g., all coatings used on the line are subject to 0.34 kg/l (2.8 lbs/gal)), and that is equipped with a capture system and control device must notshall operate the subject coating line unless the requirements in subsection (b)(1) or (b)(2) of this Section are met. j) Prior to May 1, 2011, anno owner or operator of a large appliance coating line that applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within Section 219.204(h) of this Subpart (e.g., all coatings used on the line are subject to 0.34 kg/l (2.8 lbs/gal)), and that is equipped with a capture system and control device must notshall operate the subject coating line unless the requirements in subsection (b)(1) or (b)(2) of this Section are met. k) On and after May 1, 2011, anno owner or operator of a paper coating line, metal furniture coating line, or large appliance coating line that is equipped with a capture system and control device must notshall operate the subject coating line unless either:

1) The capture system and control device provide at least 90 percent reduction in the overall emissions of VOM from the coating line; or

2) The owner or operator complies with the applicable limitation set forth in Section 219.204 of this Subpart by utilizing a combination of low-VOM coatings and a capture system and control device. l) AnNo owner or operator of a flat wood paneling coating line that is equipped with a capture system and control device must notshall operate the subject coating line unless either:

1) The capture system and control device provide at least 90 percent reduction in the overall emissions of VOM from the coating line; or

2) The owner or operator of the flat wood paneling coating line complies with all requirements set forth in subsection (b)(2) of this Section. m) On and after May 1, 2011, anno owner or operator of a miscellaneous metal parts and products coating line, plastic parts and products coating line, or pleasure craft

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surface coating line that is equipped with a capture system and control device must notshall operate the subject coating line unless:

1) The capture system and control device provide at least 90 percent reduction in the overall emissions of VOM from the coating line; or

2) The owner or operator of the coating line complies with all requirements set forth in subsection (b)(2) of this Section.

n) An owner or operator of an aerospace facility that is equipped with a capture system and control device must not operate the subject aerospace coating operation unless:

1) The capture system and control device provide at least 90 percent reduction in the overall emissions of VOM from the aerospace coating operation; or

2) The owner or operator of the aerospace coating operation complies with all requirements set forth in subsection (b)(2).

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 219.208 Exemptions From Emission Limitations

a) Exemptions for all coating categories except wood furniture coating and aerospace facilities. The limitations of this Subpart doshall not apply to coating lines within a source, that otherwise would be subject to the same subsection of Section 219.204 (because they belong to the same coating category, e.g., can coating), provided that combined actual emissions of VOM from all lines at the source subject to that subsection never exceed 6.8 kg/day (15 lbs/day) before the application of capture systems and control devices. (For example, can coating lines within a source would not be subject to the limitations of Section 219.204(b) of this Subpart if the combined actual emissions of VOM from the can coating lines never exceed 6.8 kg/day (15 lbs/day) before the application of capture systems and control devices.) Prior to May 2012, volatile organic material emissions from heavy off-highway vehicle products coating lines must be combined with VOM emissions from miscellaneous metal parts and products coating lines to determine applicability. On and after May 1, 2012, VOM emissions from heavy off-highway vehicle products coating lines mustshall be

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combined with VOM emissions from miscellaneous metal parts and products coating lines and plastic parts and products coating lines to determine applicability. Any owner or operator of a coating source mustshall comply with the applicable coating analysis test methods and procedures specified in Section 219.105(a) of this Part and the recordkeeping and reporting requirements specified in Section 219.211(a) of this Subpart if total VOM emissions from the subject coating lines are always less than or equal to 6.8 kg/day (15 lbs/day) before the application of capture systems and control devices and, therefore, are not subject to the limitations of Section 219.204 of this Subpart. Once a category of coating lines at a source is subject to the limitations in Section 219.204 of this Part the coating lines are always subject to the limitations in Section 219.204 of this Subpart. b) Applicability for Wood Furniture Coatingwood furniture coating

1) The limitations of this Subpart shall apply to a source's wood furniture coating lines if the source contains process emission units, not regulated by Subparts B, E, F (excluding Section 219.204(l) of this Subpart), H (excluding Section 219.405 of this Part), Q, R, S, T (excluding Section 219.486 of this Part), V, X, Y, Z or BB of this Part, which as a group both:

A) Have a maximum theoretical emissions of 91 Mg (100 tons) or more per calendar year of VOM if no air pollution control equipment were used;, and

B) Are not limited to less than 91 Mg (100 tons) of VOM per calendar year if no air pollution control equipment were used, through production or capacity limitations contained in a federally enforceable permit or SIP revision.

2) The limitations of this Subpart shall apply to a source's wood furniture coating lines, on and after March 15, 1996, if the source contains process emission units, which as a group, have a potential to emit 22.7 Mg (25 tons) or more of VOM per calendar year and have not limited emissions to less than 22.7 Mg (25 tons) of VOM per calendar year through production or capacity limitations contained in a federally enforceable operating permit or SIP revision, and that:

A) Are not regulated by Subparts B, E, F (excluding Section

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219.204(l) of this Subpart), H, Q, R, S, T (excluding Section 219.486 of this Part), V, X, Y, Z or BB of this Part; and

B) Are not included in any of the following categories: synthetic organic chemical manufacturing industry (SOCMI) distillation, SOCMI reactors, plastic parts coating (business machines), plastic parts coating (other), offset lithography, industrial wastewater, autobody refinishing, SOCMI batch processing, volatile organic liquid storage tanks and clean-up solvents operations.

3) If a source ceases to fulfill the criteria of subsection (b)(1) or (b)(2) of this Section, the limitations of Section 219.204(l) of this Subpart shall continue to apply to any wood furniture coating line which was ever subject to the limitations of Section 219.204(l) of this Subpart.

4) For the purposes of this subsection (b) of this Section, an emission unit isshall be considered to be regulated by a Subpart if it is subject to the limitations of that Subpart. An emission unit is not considered regulated by a Subpart if it is not subject to the limits of that Subpart, e.g., the emission unit is covered by an exemption in the Subpart or the applicability criteria of the Subpart are not met.

5) Any owner or operator of a wood furniture coating line to which the limitations of this Subpart are not applicable due to the criteria in this subsection (b) mustof this Section shall, upon request by the Agency or the USEPA, submit records to the Agency and the USEPA within 30 calendar days from the date of the request that document that the coating line is exempt from the limitations of this Subpart. c) On and after March 15, 1996, the limitations of this Subpart doshall not apply to touch-up and repair coatings used by a coating source described by Section 219.204(b), (d), (f), (g), (i), and (q)(5) of this Subpart; provided that the source- wide volume of thesesuch coatings used does not exceed 0.95 1 (1 quart) per eight-hour period or exceed 209 1/yr (55 gal/yr) for any rolling 12 month period. Recordkeeping and reporting for touch-up and repair coatings mustshall be consistent with subsection (d) of this Section. d) Prior to May 1, 2012, the limitations of this Subpart doshall not apply to touch-up and repair coatings used by a coating source described by Section 219.204(j), (m),

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and (n) of this Subpart, provided that the source-wide volume of the coatings used does not exceed 0.95 l (1 quart) per eight-hour period or exceed 209 l/yr (55 gal/yr) for any rolling twelve month period. Recordkeeping and reporting for touch-up and repair coatings mustshall be consistent with subsection (e) of this Section. e) On and after March 15, 1996, the owner or operator of a coating line or a group of coating lines using touch-up and repair coatings that are exempted from the limitations of Section 219.204(b), (d), (f), (g), (i), (j), (m), (n), and (q)(5) of this Subpart because of the provisions of subsection (c) or (d) mustof this Section shall:

1) Collect and record the name, identification number, and volume used of each touch-up and repair coating, as applied on each coating line, per eight-hour period and per month;

2) Perform calculations on a daily basis, and maintain at the source records of such calculations of the combined volume of touch-up and repair coatings used source-wide for each eight-hour period;

3) Perform calculations on a monthly basis, and maintain at the source records of such calculations of the combined volume of touch-up and repair coatings used source-wide for the month and the rolling 12 month period;

4) Prepare and maintain at the source an annual summary of the information required to be compiled underpursuant to subsections (e)(1) and (e)(2) of this Section on or before January 31 of the following year;

5) Maintain at the source for a minimum period of three years all records required to be kept under this subsection (e) and make thesuch records available to the Agency upon request;

6) Notify the Agency in writing if the use of touch-up and repair coatings at the source ever exceeds a volume of 0.95 1 (1 quart) per eight-hour period or exceeds 209 1/yr (55 gal/yr) for any rolling 12 month period within 30 days after any such exceedance. TheSuch notification mustshall include a copy of any records of thesuch exceedance; and

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7) "Touch-up and repair coatings" means, for purposes of 35 Ill. Adm. Code 219.208, any coating used to cover minor scratches and nicks that occur during manufacturing and assembly processes.

f) Applicability for Aerospace Facilities

1) Except as provided in subsection (f)(6), the requirements of this Subpart apply to an aerospace facility's aerospace coating operations and cleaning operations on and after January 1, 2021, if the source contains process emission units that, as a group, have a potential to emit 22.7 Mg (25 tons) or more of VOM per calendar year and have not limited emissions to less than 22.7 Mg (25 tons) of VOM per calendar year through production or capacity limitations contained in a federally enforceable permit or SIP revision.

2) If a source ceases to fulfill the criteria of subsection (f)(1), the requirements of this Subpart continue to apply to any aerospace facility that was ever subject to the requirements of this Subpart.

3) The limitations of Section 219.204(r)(2) do not apply to touch-up coatings at aerospace facilities, provided that the combined source-wide volume of the coatings that do not comply with the limitations of Section 219.204(r)(2) used at an aerospace facility does not exceed 2.85 l (3 quarts) per 24-hour period or exceed 209 l/yr (55 gal/yr) for any rolling 12-month period. Recordkeeping and reporting for touch-up coatings must be consistent with Section 219.211(j)(2).

4) The requirements in Section 219.211(k) apply to an aerospace facility's aerospace coating operations and cleaning operations on and after January 1, 2021, if the source contains process emission units that, as a group, have a potential to emit less than 22.7 Mg (25 tons) of VOM per calendar year or have limited emissions to less than 22.7 Mg (25 tons) of VOM per calendar year through production or capacity limitations contained in a federally enforceable operating permit or SIP revision.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 219.211 Recordkeeping and Reporting

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1) For sources exempt from Section 219.208(a) of this Subpart, by a date consistent with Section 219.106 of this Part, the owner or operator of a coating line or group of coating lines referenced in subsection (b) mustof this Section shall certify to the Agency that the coating line or group of coating lines is exempt under the provisions of Section 219.208(a) of this Subpart. TheSuch certification mustshall include:

A) A declaration that the coating line is exempt from the limitations of Section 219.204 of this Subpart because of Section 219.208(a) of this Subpart; and

B) Calculations that demonstrate that the combined VOM emissions from the coating line and all other coating lines in the same category never exceed 6.8 kg (15 lbs) per day before the application of capture systems and control devices. The following equation mustshall be used to calculate total VOM emissions:

m n

Te  Ai Bi  j j1 i1

where:

Te = Total VOM emissions from coating lines each day before the application of capture systems and control devices in units of kg/day (lbs/day);

m = Number of coating lines at the source that otherwise would be subject to the same subsection of Section 219.104 of this Part (because they belong to the same category, e.g., can coating);

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j = Subscript denoting an individual coating line;

n = Number of different coatings as applied each day on each coating line;

i = Subscript denoting an individual coating;

Ai = Weight of VOM per volume of each coating (minus water and any compounds that are specifically exempted from the definition of VOM) as applied each day on each coating line in units of kg VOM/l (lbs VOM/gal); and

Bi = Volume of each coating (minus water and any compounds that are specifically exempted from the definition of VOM) as applied each day on each coating line in units of l/day (gal/day). The instrument or method by which the owner or operator accurately measured or calculated the volume of each coating as applied on each coating line each day shall be described in the certification to the Agency.

2) For sources exempt under Section 219.208(b) of this Subpart, by March 15, 1998, or upon initial start-up, the owner or operator of a coating line or a group of coating lines referenced in subsection (b) mustof this Section shall certify to the Agency that the source is exempt under the provisions of Section 219.208(b) of this Subpart. TheSuch certification mustshall include:

A) A declaration that the source is exempt from the limitations of Section 219.204(l) of this Subpart because of Section 219.208(b) of this Subpart; and

B) Calculations that demonstrate that the source meets the criteria of exemption because of Section 219.208(b) of this Subpart.

3) For sources exempt under Section 219.208(a) of this Subpart, on and after a date consistent with Section 219.106 of this Part, the owner or operator of a coating line or group of lines referenced in this subsection (b)

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mustshall collect and record all of the following information each day for each coating line and maintain the information at the source for a period of three years:

A) The name and identification number of each coating as applied on each coating line; and

B) The weight of VOM per volume and the volume of each coating (minus water and any compounds that are specifically exempted from the definition of VOM) as applied each day on each coating line.

4) For sources exempt under Section 219.208(b) of this Subpart, on and after March 15, 1998, the owner or operator of a coating line or group of coating lines referenced in this subsection (b) mustshall collect and record all of the following information for each coating line and maintain the information at the source for a period of three years:

A) The name and identification number of each coating as applied on each coating line; and

B) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied on each coating line on a monthly basis.

5) On and after a date consistent with Section 219.106 of this Part, the owner or operator of a coating line or group of coating lines exempted from the limitations of Section 219.204 of this Subpart because of Section 219.208(a) mustof this Subpart shall notify the Agency of any record showing that total VOM emissions from the coating line or group of coating lines exceed 6.8 kg (15 lbs) in any day before the application of capture systems and control devices by sending a copy of such record to the Agency within 30 days after the exceedance occurs.

6) On and after March 15, 1998, any owner or operator of a source exempt from the limitations of Section 219.204(l) of this Subpart because of Section 219.208(b) mustof this Subpart shall notify the Agency if the source's VOM emissions exceed the limitations of Section 219.208(b) of

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this Subpart by sending a copy of calculations showing such an exceedance within 30 days after the change occurs. c) Any owner or operator of a coating line subject to the limitations of Section 219.204 of this Subpart other than Section 219.204(a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), or (a)(2)(D), or (r) of this Subpart and complying by means of Section 219.204 mustof this Subpart shall comply with the following:

1) By a date consistent with Section 219.106 of this Part, or upon initial start- up of a new coating line, or upon changing the method of compliance from an existing subject coating line from Section 219.205, Section 219.207, Section 219.215, or Section 219.216 of this Subpart to Section 219.204 of this Subpart; the owner or operator of a subject coating line mustshall certify to the Agency that the coating line will be in compliance with Section 219.204 of this Subpart on and after a date consistent with Section 219.106 of this Part, or on and after the initial start-up date. The certification mustshall include:

A) The name and identification number of each coating as applied on each coating line;

B) The weight of VOM per volume of each coating (minus water and any compounds that are specifically exempted from the definition of VOM) as applied each day on each coating line;

C) On and after March 15, 1998, for coating lines subject to the limitations of Section 219.204(l)(2)(A) or (B) of this Subpart, the weight of VOM per weight of solids in each coating as applied each day on each coating line;

D) For coating lines subject to the limitations of Section 219.204(c)(2) of this Subpart, the weight of VOM per weight of solids (or the weight of VOM per weight of coatings, as applicable) in each coating as applied each day on each coating line;

E) For coating lines subject to the limitations of Section 219.204(g)(2) or (h)(2) of this Subpart, the application methods used to apply coatings on the subject coating line and the weight of VOM per volume of each coating (or the weight of VOM per volume of

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solids in each coating, as applicable) as applied each day on each coating line;

F) For coating lines subject to the limitations of Section 219.204(o) of this Subpart, the weight of VOM per volume of coatings or solids, as applicable, for each coating as applied each day on each coating line;

G) For coating lines subject to the limitations of Section 219.204(a)(2)(A) of this Subpart, the weight of VOM per volume of solids in each coating as applied each day on each coating line, and the solids turnover ratio of the EDP operation, with supporting calculations;

H) For coating lines subject to the limitations of Section 219.204(a)(2)(E), the weight of VOM per volume and volume of each coating used in the final repair coat operation, and the weight of VOM per volume of the final repair coat as applied, calculated on an occurrence weighted average basis;

I) For coating lines subject to the limitations of Section 219.204(q) of this Subpart, the weight of VOM per volume of each coating, or the weight of VOM per volume of solids in each coating, as applicable, as applied each day on each coating line.

2) On and after a date consistent with Section 219.106 of this Part, or on and after the initial start-up date, the owner or operator of a subject coating line mustshall collect and record all of the following information each day, unless otherwise specified, for each coating line and maintain the information at the source for a period of three years:

A) The name and identification number of each coating as applied on each coating line;

B) The weight of VOM per volume of each coating (minus water and any compounds that are specifically exempted from the definition of VOM) as applied each day on each coating line;

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C) On and after March 15, 1998, for coating lines subject to the limitations of Section 219.204(l)(2)(A) or (B) of this Subpart, the weight of VOM per weight of solids in each coating as applied each day on each coating line and certified product data sheets for each coating;

D) On and after March 15, 1998, for wood furniture coating spray booths subject to the limitation of Section 219.204(l)(4)(A) of this Subpart, the weight of VOM per weight of solids in each strippable spray booth coating as applied each day on each spray booth and certified product data sheets for each coating;

E) For coating lines subject to the limitations of Section 219.204(c)(2) of this Subpart, the weight of VOM per weight of solids (or the weight of VOM per weight of coatings, as applicable) in each coating as applied each day on each coating line, and certified product data sheets for each coating;

F) For coating lines subject to the limitations of Section 219.204(g)(2) or 219.204(h)(2) of this Subpart, the weight of VOM per volume of each coating (or the weight of VOM per volume of solids in each coating, as applicable) as applied each day on each coating line, and certified product data sheets for each coating;

G) For coating lines subject to the limitations of Section 219.204(o) of this Subpart, the weight of VOM per volume of coatings or solids, as applicable, for each coating, as applied each day on each coating line;

H) For coating lines subject to the limitations of Section 219.204(a)(2)(A) of this Subpart, the weight of VOM per volume of solids in each coating as applied each day on each coating line, certified product data sheets for each coating, and the solid turnover ratio for the EDP operation, calculated on a calendar monthly basis, with supporting calculations;

I) For coating lines subject to the limitations of Section 219.204(a)(2)(E), the weight of VOM per volume and volume of each coating used in the final repair coat operation, the weight of

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VOM per volume of the final repair coat as applied, calculated on an occurrence weighted average basis, and certified product data sheets for each coating;

J) For coating lines subject to the limitations of Section 219.204(q) of this Subpart, the weight of VOM per volume of each coating, or the weight of VOM per volume of solids in each coating, as applicable, as applied each day on each coating line, and certified product data sheets for each coating.

3) On and after a date consistent with Section 219.106 of this Part, the owner or operator of a subject coating line mustshall notify the Agency in the following instances:

A) Any record showing violation of Section 219.204 mustof this Subpart shall be reported by sending a copy of thesuch record to the Agency within 30 days following the occurrence of the violation.

B) At least 30 calendar days before changing the method of compliance from Section 219.204 to Section 219.205 or Section 219.207 of this Subpart, the owner or operator mustshall comply with all requirements of subsection (d)(1) or (e)(1), as applicable. Upon changing the method of compliance from Section 219.204 to Section 219.205 or Section 219.207 of this Subpart, the owner or operator mustshall comply with all requirements of subsection (d) or (e) of this Section, as applicable. d) Any owner or operator of a coating line subject to the limitations of Section 219.204 of this Subpart and complying by means of Section 219.205 mustof this Subpart shall comply with the following:

1) By a date consistent with Section 219.106 of this Part, or upon initial start- up of a new coating line, or upon changing the method of compliance for an existing subject coating line from Section 219.204 or Section 219.207 to Section 219.205 of this Subpart; the owner or operator of the subject coating line mustshall certify to the Agency that the coating line will be in compliance with Section 219.205 on and after a date consistent with

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Section 219.106 of this Part, or on and after the initial start-up date. The certification mustshall include:

A) The name and identification number of each coating line which will comply by means of Section 219.205 of this Subpart.

B) The name and identification number of each coating as applied on each coating line.

C) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line.

D) On and after March 15, 1998, for coating lines subject to the limitations of Section 219.204(l)(2)(A) or (B) of this Subpart, the weight of VOM per weight of solids in each coating as applied each day on each coating line.

E) For coating lines subject to the limitations of Section 219.204(a)(2)(A) of this Subpart, the weight of VOM per volume of solids in each coating as applied each day on each coating line.

F) For coating lines subject to the limitations of Section 219.204(c)(2) of this Subpart, the weight of VOM per weight of solids (or the weight of VOM per weight of coatings, as applicable) in each coating as applied each day on each coating line.

G) For coating lines subject to the limitations of Section 219.204(g)(2) or (h)(2) of this Subpart, the weight of VOM per volume of each coating (or the weight of VOM per volume of solids in each coating, as applicable) as applied each day on each coating line.

H) For coating lines subject to the limitations of Section 219.204(o) of this Subpart, the weight of VOM per volume of coatings or solids, as applicable, for each coating, as applied each day on each coating line.

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I) For coating lines subject to the limitations of Section 219.204(q) of this Subpart, the weight of VOM per volume of each coating, or the weight of VOM per volume of solids in each coating, as applicable, as applied each day on each coating line.

J) The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating as applied each day on each coating line.

K) The method by which the owner or operator will create and maintain records each day as required in subsection (d)(2) of this Section.

L) An example of the format in which the records required in subsection (d)(2) of this Section will be kept.

2) On and after a date consistent with Section 219.106 of this Part, or on and after the initial start-up date, the owner or operator of a subject coating line mustshall collect and record all of the following information each day for each coating line and maintain the information at the source for a period of three years:

A) The name and identification number of each coating as applied on each coating line.

B) The weight of VOM per volume and the volume of each coating (minus water and any compounds that are specifically exempted from the definition of VOM) as applied each day on each coating line.

C) On and after March 15, 1998, for coating lines subject to the limitations of Section 219.204(l)(2)(A) or (B) of this Subpart, the weight of VOM per weight of solids in each coating as applied each day on each coating line.

D) For coating lines subject to the limitations of Section 219.204(a)(2)(A) of this Subpart, the weight of VOM per volume of solids in each coating as applied each day on each coating line.

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E) For coating lines subject to the limitations of Section 219.204(c)(2) of this Subpart, the weight of VOM per weight of solids (or the weight of VOM per weight of coatings, as applicable) in each coating as applied each day on each coating line.

F) For coating lines subject to the limitations of Section 219.204(g)(2) or (h)(2) of this Subpart, the weight of VOM per volume of each coating (or the weight of VOM per volume of solids in each coating, as applicable) as applied each day on each coating line.

G) For coating lines subject to the limitations of Section 219.204(o) of this Subpart, the weight of VOM per volume of coatings or solids, as applicable, for each coating, as applied each day on each coating line.

H) For coating lines subject to the limitations of Section 219.204(q) of this Subpart, the weight of VOM per volume of each coating, or the weight of VOM per volume of solids in each coating, as applicable, as applied each day on each coating line.

I) The daily-weighted average VOM content of all coatings as applied on each coating line as defined in Section 219.104 of this Part.

3) On and after a date consistent with Section 219.106 of this Part, the owner or operator of a subject coating line mustshall notify the Agency in the following instances:

A) Any record showing violation of Section 219.205 mustof this Subpart shall be reported by sending a copy of thesuch record to the Agency within 30 days following the occurrence of the violation.

B) At least 30 calendar days before changing the method of compliance with this Subpart from Section 219.205 to Section 219.204 or Section 219.207 of this Subpart, the owner or operator mustshall comply with all requirements of subsection (c)(1) or (e)(1) of this Section, as applicable. Upon changing the method of compliance with this Subpart from Section 219.205 to Section

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219.204 or Section 219.207 of this Subpart, the owner or operator mustshall comply with all requirements of subsection (c) or (e) of this Section, as applicable. e) Any owner or operator of a coating line subject to the limitations of Section 219.207 and complying by means of Section 219.207(c), (d), (e), (f), (g), (h), or (k), (l), (m), or (n) mustof this Subpart shall comply with the following:

1) By a date consistent with Section 219.106 of this Part, or upon initial start- up of a new coating line, or upon changing the method of compliance for an existing coating line from Section 219.204 or Section 219.205 to Section 219.207 of this Subpart, the owner or operator of the subject coating line mustshall perform all tests and submit to the Agency the results of all tests and calculations necessary to demonstrate that the subject coating line will be in compliance with Section 219.207 of this Subpart on and after a date consistent with Section 219.106 of this Part, or on and after the initial start-up date.

2) On and after a date consistent with Section 219.106 of this Part, or on and after the initial start-up date, the owner or operator of a subject coating line mustshall collect and record all of the following information each day for each coating line and maintain the information at the source for a period of three years:

A) The weight of VOM per volume of coating solids as applied each day on each coating line, if complying withpursuant to Section 219.207(b)(2) of this Subpart.

B) Control device monitoring data.

C) A log of operating time for the capture system, control device, monitoring equipment and the associated coating line.

D) A maintenance log for the capture system, control device and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages.

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3) On and after a date consistent with Section 219.106 of this Part, the owner or operator of a subject coating line mustshall notify the Agency in the following instances:

A) Any record showing violation of Section 219.207 mustof this Subpart shall be reported by sending a copy of thesuch record to the Agency within 30 days following the occurrence of the violation.

B) At least 30 calendar days before changing the method of compliance with this Subpart from Section 219.207 to Section 219.204 or Section 219.205 of this Subpart, the owner or operator mustshall comply with all requirements of subsection (c)(1) or (d)(1) of this Section, respectively. Upon changing the method of compliance with this Subpart from Section 219.207 to Section 219.204 or Section 219.205 of this Subpart, the owner or operator mustshall comply with all requirements of subsection (c) or (d) of this Section, respectively. f) Any owner or operator of a primer surfacer operation or topcoat operation, or combined primer surfacer and topcoat operation, subject to the limitations of Section 219.204(a)(1)(B), (a)(1)(B), (a)(2)(C), or (a)(2)(D) mustof this Subpart shall comply with the following:

1) By a date consistent with Section 219.106 of this Part, or upon initial start- up of a new coating operation, the owner or operator of a subject coating operation mustshall certify to the Agency that the operation will be in compliance with Section 219.204 of this Subpart on and after a date consistent with Section 219.106 of this Part, or on and after the initial start-up date. The certification mustshall include:

A) The name and identification number of each coating operation that will comply by means of Section 219.204(a)(1)(B),(a)(1)(C), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of this Subpart and the name and identification number of each coating line in each coating operation.

B) The name and identification number of each coating as applied on each coating line in the coating operation.

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C) The weight of VOM per volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line.

D) The transfer efficiency and control efficiency measured for each coating line.

E) Test reports, including raw data and calculations documenting the testing performed to measure transfer efficiency and control efficiency.

F) The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating as applied each day on each coating line.

G) The method by which the owner or operator will create and maintain records each day as required in subsection (f)(2) of this Section.

H) An example format for presenting the records required in subsection (f)(2) of this Section.

2) On and after a date consistent with Section 219.106 of this Part, or on and after the initial start-up date, the owner or operator of a subject coating operation mustshall collect and record all of the following information each day for each topcoat or primer surfacer coating operation and maintain the information at the source for a period of three years:

A) All information necessary to demonstrate compliance with the topcoat protocol referenced in Section 219.105(b)(1)(B) and to calculate the daily-weighted average VOM emissions from the coating operations in kg/l (lbs/gal) of coating solids deposited in accordance with the proposal submitted, and approved underpursuant to Section 219.204(a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of this Subpart including:

i) The name and identification number of each coating as applied on each coating operation.

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ii) The weight of VOM per volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating operation.

B) If a control device or devices are used to control VOM emissions, control device monitoring data; a log of operating time for the capture system, control device, monitoring equipment and the associated coating operation; and a maintenance log for the capture system, control device and monitoring equipment, detailing all routine and non-routine maintenance performed including dates and duration of any outages.

3) On and after a date consistent with Section 219.106 of this Part or on and after the initial start-up date, the owner or operator of a subject coating operation mustshall determine and record the daily VOM emissions in kg/l (lbs/gal) of coating solids deposited in accordance with the proposal submitted and approved underpursuant to Section 219.204(a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of this Subpart within 10 days from the end of the month and maintain this information at the source for a period of three years.

4) On and after a date consistent with Section 219.106 of this Part, the owner or operator of a subject coating operation mustshall notify the Agency in the following instances:

A) Any record showing a violation of Section 219.204(a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), or (a)(2)(D) mustof this Subpart shall be reported by sending a copy of thesuch record to the Agency within 15 days from the end of the month in which the violation occurred.

B) The owner or operator mustshall notify the Agency of any change to the operation at least 30 days before the change is effected. The Agency mustshall determine whether or not compliance testing is required. If the Agency determines that compliance testing is required, then the owner or operator mustshall submit a testing

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proposal to the Agency within 30 days and test within 30 days after the approval of the proposal by the Agency and USEPA. g) On and after a date consistent with Section 219.106(c) of this Part, or on and after the initial start-up date, whichever is later, the owner or operator of a coating line subject to the requirements of Section 219.218 mustof this Subpart shall comply with the following:

1) By May 1, 2011, or upon initial start-up, whichever is later, submit a certification to the Agency that includes a description of the practices and procedures that the source will follow to ensure compliance with the applicable requirements in Section 219.218 of this Subpart;

2) Notify the Agency of any violation of Section 219.218 of this Subpart by providing a description of the violation and copies of records documenting the violation to the Agency within 30 days following the occurrence of the violation; and

3) Maintain at the source all records required by this subsection (g) for a minimum of three years from the date the document was created and make those records available to the Agency upon request. h) On and after a date consistent with Section 219.106 of this Part, or on and after the initial start-up date, whichever is later, the owner or operator of a coating line subject to the requirements of Section 219.219, except aerospace facilities, mustof this Subpart shall comply with the following:

1) By May 1, 2012, or upon initial start-up, whichever is later, submit a certification to the Agency that includes:

A) A description of the practices and procedures that the source will follow to ensure compliance with the applicable requirements in Section 219.219 of this Subpart;

B) For sources subject to Section 219.219(a)(6), the work practices plan specified in that Section;

C) For sources subject to Section 219.219(b)(6), the application methods used to apply coatings on the subject coating line;

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2) Notify the Agency of any violation of Section 219.219 of this Subpart by providing a description of the violation and copies of records documenting the violation to the Agency within 30 days following the occurrence of the violation; and

3) Maintain at the source all records required by this subsection (h) for a minimum of three years from the date the document was created and make those records available to the Agency upon request. i) On and after a date consistent with Section 219.106(d) of this Part, or on and after the initial start-up date, whichever is later, the owner or operator of a flat wood paneling coating line subject to the requirements in Section 219.217 mustof this Subpart shall comply with the following:

1) By August 1, 2010, or upon initial start-up, whichever is later, submit a certification to the Agency that includes a description of the practices and procedures that the source will follow to ensure compliance with the applicable requirements in Section 219.217(c) and (d) of this Subpart; and

2) Notify the Agency of any violation of Section 219.217 of this Subpart by providing a description of the violation and copies of records documenting such violation to the Agency within 30 days following the occurrence of the violation. j) On and after January 1, 2021, the owner or operator of an aerospace facility subject to the requirements of this Subpart under Section 219.208(f)(1) must comply with the following:

1) Each owner or operator using coatings listed in Section 219.204(r) must:

A) Maintain a current list of coatings in use, with category and VOM content as applied; and

B) Record coating usage on an annual basis.

2) Each owner or operator using touch-up coatings that do not meet the limitations of Section 219.204(r)(2) must:

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A) Collect and record the name, identification number, and volume used of each touch-up coating that does not meet the limitations of Section 219.204(r)(2), as applied in each aerospace coating operation, per 24-hour period and per month;

B) Perform calculations on a daily basis, and maintain at the source records of those calculations, of the combined volume of touch-up coatings that do not meet the limitations of Section 219.204(r)(2) used source-wide for each 24-hour period;

C) Perform calculations on a monthly basis, and maintain at the source records of those calculations, of the combined volume of touch-up coatings that do not meet the limitations of Section 219.204(r)(2) used source-wide for the month and the rolling 12- month period;

D) Prepare and maintain at the source an annual summary of the information required to be compiled under subsections (j)(2)(A), (j)(2)(B), and (j)(2)(C) on or before January 31 of the following year;

E) Maintain at the source for a minimum period of three years all records required to be kept under this subsection (j)(2) and make those records available to the Agency upon request; and

F) Notify the Agency in writing, within 30 days after any exceedance, if the combined use of touch-up coatings that do not meet the limitations of Section 219.204(r)(2) at the source ever exceeds a volume of 2.85 l (3 quarts) per 24-hour period or exceeds 209 l/yr (55 gal/yr) for any rolling 12-month period. The notification must include a copy of any records of the exceedance.

3) Each owner or operator using cleaning solvents required by Section 219.219(e) or (g) must:

A) For aqueous and semiaqueous hand-wipe cleaning solvents, maintain a list of materials used, with corresponding water contents;

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B) For vapor pressure compliant hand-wipe cleaning solvents:

i) Maintain a current list of cleaning solvents in use with their respective vapor pressures or, for blended solvents, VOM composite vapor pressures; and

ii) Record cleaning solvent usage on an annual basis; and

C) For cleaning solvents with a vapor pressure greater than 45 mmHg used in exempt hand-wipe cleaning operations:

i) Maintain a list of exempt hand-wipe cleaning processes; and

ii) Record cleaning solvent usage on an annual basis.

4) Each owner or operator using control equipment under Section 219.207(n) must meet all applicable testing, monitoring, and recordkeeping requirements of Section 219.105(c), (d), and (e).

5) By January 1, 2021, or upon initial start-up, whichever is later, the owner or operator of an aerospace facility must submit a certification to the Agency that includes a description of the practices and procedures that the source will follow to ensure compliance with the applicable requirements of Section 219.219(e) and (g).

6) Each owner and operator of an aerospace facility must notify the Agency of any violation of this Part by providing a description of the violation and copies of records documenting the violation to the Agency within 30 days following the occurrence of the violation. k) Exempt Aerospace Facilities

1) For aerospace facilities that are exempt under Section 219.208(f)(1), by January 1, 2021, or upon initial start-up, the owner or operator of an aerospace facility must certify to the Agency that the source is exempt under that subsection. The certification must include:

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A) A declaration that the source is exempt under Section 219.208(f)(1); and

B) Calculations that demonstrate that the source meets the criteria for exemption.

2) For sources exempt under Section 219.208(f)(1), on and after January 1, 2021, the owner or operator of an aerospace facility must collect and record all of the following information for each aerospace coating operation and cleaning operation, as applicable, and maintain the information at the source for a period of three years. The owner or operator must, upon request by the Agency or USEPA, submit the information to the Agency and USEPA within 30 calendar days from the date of the request, along with any other documentation necessary to demonstrate that the aerospace facility is exempt from the requirements of this Subpart:

A) The name and identification number of each coating applied and cleaning solvent used; and

B) The weight of VOM per volume and the volume of each coating (minus water and any compounds that are specifically exempted from the definition of VOM) applied and cleaning solvent used on a monthly basis.

3) On and after January 1, 2021, any owner or operator of an aerospace facility exempt under Section 219.208(f)(1) must notify the Agency if the source's VOM emissions exceed the criteria in Section 219.208(f)(1) by sending a copy of calculations showing the exceedance within 30 days after the exceedance occurs.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 219.219 Work Practice Standards for Aerospace Facilities, Automobile and Light- Duty Truck Assembly Coatings, and Miscellaneous Metal and Plastic Parts Coatings

a) Every owner or operator of a coating line subject to the requirements of Section 219.204(a)(2) mustof this Subpart shall:

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1) Store all VOM-containing coatings, thinners, coating-related waste materials, cleaning materials, and used shop towels in closed containers;

2) Ensure that mixing and storage containers used for VOM-containing coatings, thinners, and coating-related waste materials are kept closed at all times except when depositing or removing those materials;

3) Minimize spills of VOM-containing coatings, thinners, and coating-related waste materials;

4) Convey VOM-containing coatings, thinners, and coating-related waste materials from one location to another in closed containers or pipes;

5) Minimize VOM emissions from cleaning of storage, mixing, and conveying equipment;

6) Develop and implement a work practice plan to minimize VOM emissions from cleaning and from purging of equipment associated with coating lines subject to the limitations in Section 219.204(a)(2). The plan mustshall specify practices and procedures that the source will follow to ensure that VOM emissions from the operations listed in this subsection (a)(6) are minimized. If the owner or operator of the subject coating line has already implemented a work practice plan for the coating line underpursuant to Subpart IIII of 40 CFR 63, incorporated by reference in Section 219.112 of this Part, the owner or operator may revise the plan as necessary to comply with this Section.

A) Vehicle body wiping;

B) Coating line purging;

C) Flushing of coating systems;

D) Cleaning of spray booth grates, walls, and equipment; and

F) Cleaning of external spray booth areas. b) Except as provided in subsection (c) of this Section, every owner or operator of a coating line described in Section 219.204(q) mustof this Subpart shall:

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1) Store all VOM-containing coatings, thinners, coating-related waste materials, cleaning materials, and used shop towels in closed containers;

2) Ensure that mixing and storage containers used for VOM-containing coatings, thinners, coating-related waste materials, and cleaning materials are kept closed at all times except when depositing or removing these materials;

3) Minimize spills of VOM-containing coatings, thinners, coating-related waste materials, and cleaning materials;

4) Convey VOM-containing coatings, thinners, coating-related waste materials, and cleaning materials from one location to another in closed containers or pipes;

5) Minimize VOC emissions from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers; and

6) Apply all coatings using one or more of the following application methods:

A) Electrostatic spray;

B) High volume low pressure (HVLP) spray;

C) Flow coating. For the purposes of this subsection (b)(6)(C), flow coating means a non-atomized technique of applying coating to a substrate with a fluid nozzle with no air supplied to the nozzle;

D) Roll coating;

E) Dip coating, including electrodeposition. For purposes of this subsection (b)(6)(E), electrodeposition means a water-borne dip coating process in which opposite electrical charges are applied to the substrate and the coating. The coating is attracted to the

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substrate due to the electrochemical potential difference that is created;

F) Airless spray;

G) Air-assisted airless spray; or

H) Another coating application method capable of achieving a transfer efficiency equal to or better than that achieved by HVLP spraying, if the method is approved in writing by the Agency. c) Notwithstanding subsection (b) of this Section, the application method limitations in subsection (b)(6) doshall not apply to the following:

1) Coating lines complying with Section 219.207(m)(1);

2) For metal parts and products coating operations: touch-up coatings, repair coatings, textured finishes, stencil coatings, safety-indicating coatings, solid-film lubricants, electric-insulating and thermal-conducting coatings, magnetic data storage disk coatings, and plastic extruded onto metal parts to form a coating;

3) For pleasure craft surface coating operations: extreme high gloss coatings;

4) For plastic parts and products coating operations: airbrush operations using 18.9 liters (5 gallons) or less of coating per year.

5) For ammunition sealant operations: cap sealants and mouth waterproofing sealants. d) Subsections (e) and (g) do not apply to the following activities in which cleaning of aerospace components and vehicles may take place: research and development, quality control, laboratory testing, and cleaning of electronic parts and assemblies (except for cleaning of completed assemblies). Subsections (e) and (g) also do not apply to aerospace facility operations involving space vehicles or rework operations performed on antique aerospace vehicles or components. Subsections (e) and (g) also do not apply to aqueous cleaning solvents.

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1) Ensure that all fresh and used cleaning solvents, except semi-aqueous cleaning solvents, used in solvent cleaning operations are stored in containers that must be kept closed at all times except when filling or emptying;

2) Ensure that mixing and storage containers used for VOM-containing coatings, thinners, coating-related waste materials, and cleaning materials are kept closed at all times except when depositing or removing these materials;

3) Ensure that cloth and paper, or other absorbent applicators, moistened with cleaning solvents are stored in closed containers (cotton-tipped swabs used for very small cleaning operations are exempt);

4) Minimize spills of VOM-containing coatings, thinners, coating-related waste materials, and cleaning materials;

5) Convey VOM-containing coatings, thinners, coating-related waste materials, and cleaning materials from one location to another in closed containers or pipes;

6) Minimize VOM emissions from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers; and

7) Apply all coatings using one or more of the following application methods:

A) Electrostatic spray;

B) High volume low pressure (HVLP) spray;

C) Flow coating. For the purposes of this subsection (e)(7)(C), flow coating means a non-atomized technique of applying coating to a substrate with a fluid nozzle with no air supplied to the nozzle;

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D) Roll coating;

E) Dip coating, including electrodeposition. For purposes of this subsection (e)(7)(E), electrodeposition means a water-borne dip coating process in which opposite electrical charges are applied to the substrate and the coating. The coating is attracted to the substrate due to the electrochemical potential difference that is created;

F) Brush coating;

G) Cotton-tipped swab application; or

H) Another coating application method capable of achieving a transfer efficiency equal to or better than that achieved by HVLP spraying, if the method is approved in writing by the Agency. f) The application method limitations in subsection (e)(7) do not apply to the following:

1) Any situation that normally requires the use of an airbrush or an extension on the spray gun to properly reach limited access spaces;

2) The application of aerospace specialty coatings;

3) The application of coatings that contain fillers that adversely affect atomization with HVLP spray guns and that the Agency has determined cannot be applied by any of the application methods specified in subsection (e)(7);

4) The application of coatings that normally have a dried film thickness of less than 0.0013 centimeter (0.0005 inch) and that the Agency has determined cannot be applied by any of the application methods specified in subsection (e)(7);

5) The use of airbrush application methods for stenciling, lettering, and other identification markings;

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6) The use of hand-held spray can application methods; and

7) Application of touch-up and repair coatings. g) Cleaning Operations at Aerospace Facilities

1) Hand-wipe Cleaning at Aerospace Facilities. Hand-wipe cleaning (excluding cleaning of spray gun equipment performed in accordance with subsection (g)(3)) must use cleaning solvents that meet the definition of aqueous cleaning solvent or have a composite vapor pressure of 45 mmHg (24.1 in. H2O) or less at 20°C (68°F).

2) The following cleaning operations are exempt from the requirements of subsection (g)(1):

A) Cleaning during the manufacture, assembly, installation, maintenance, or testing of components of breathing oxygen systems that are exposed to the breathing oxygen;

B) Cleaning during the manufacture, assembly, installation, maintenance, or testing of parts, subassemblies, or assemblies that are exposed to strong oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen, hydrazine);

C) Cleaning and surface activation prior to adhesive bonding;

D) Cleaning of electronics parts and assemblies containing electronics parts;

E) Cleaning of aircraft fluid systems and ground support equipment fluid systems that are exposed to the fluid, including air-to-air heat exchangers and hydraulic fluid systems;

F) Cleaning of fuel cells, fuel tanks, and confined spaces;

G) Surface cleaning of solar cells, coated optics, and thermal control surfaces;

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H) Cleaning during fabrication, assembly, installation, and maintenance of upholstery, curtains, carpet, and other textile materials used on the interior of the aircraft;

I) Cleaning of metallic and nonmetallic materials used in honeycomb cores during the manufacture or maintenance of these cores, and cleaning of the completed cores used in the manufacture of aerospace vehicles or components;

J) Cleaning of aircraft transparencies, polycarbonate, or glass substrates;

K) Cleaning and solvent usage associated with research and development, quality control, or laboratory testing;

L) Cleaning operations, using nonflammable liquids, conducted within 5 feet of energized electrical systems. Energized electrical systems means any AC or DC electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells and tail sections; and

M) Cleaning operations identified as essential uses under the Montreal Protocol for which the USEPA Administrator has allocated essential use allowances or exemptions in 40 CFR 82.4.

3) Spray Gun Cleaning at Aerospace Facilities. Spray gun cleaning, in which spray guns are used for the application of coatings or any other materials that require the spray guns to be cleaned, must be cleaned by one or more of the following methods:

A) Enclosed System

i) Clean the spray gun in an enclosed system that is closed at all times except when inserting or removing the spray gun. Cleaning must consist of forcing solvent through the gun.

ii) Each owner or operator using an enclosed spray gun cleaner must visually inspect the seals and all other potential sources of leaks at least once per month. Each

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inspection must occur while the spray gun cleaner is in operation. If leaks are found in the enclosed system, the enclosed cleaner must be shut down until the leak is repaired or its use is permanently discontinued.

B) Nonatomized cleaning. Clean the spray gun by placing cleaning solvent in the pressure pot and forcing it through the gun with the atomizing cap in place. Atomizing air must not be used. Direct the cleaning solvent from the spray gun into a vat, drum, or other waste container that is closed when not in use.

C) Disassembled spray gun cleaning. Disassemble the spray gun and clean the components by hand in a vat, which must remain closed at all times except when in use. Alternatively, soak the components in a vat, which must remain closed during the soaking period and when not inserting or removing components.

D) Atomizing cleaning. Clean the spray gun by forcing the cleaning solvent through the gun and direct the resulting atomized spray into a waste container that is fitted with a device designed to capture the atomized cleaning solvent emissions.

4) Flush Cleaning at Aerospace Facilities. For cleaning solvents used in flush cleaning of parts, assemblies, and coating line components, the used cleaning solvent (except for semiaqueous cleaning solvents) must be emptied into an enclosed container or collection system that is kept closed when not in use or captured with wipers, provided they comply with the housekeeping requirements of subsections (e)(1) through (3). Aqueous cleaning solvents are exempt from these requirements.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

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1) Heading of the Part: Compassionate Use of Medical Cannabis Pilot Program

2) Code Citation: 77 Ill. Adm. Code 946

3) Section Numbers: Proposed Actions: 946.10 Amendment 946.15 Amendment 946.25 Amendment 946.30 Amendment 946.35 Repealed 946.40 Amendment 946.50 Amendment 946.60 Amendment 946.200 Amendment 946.201 Amendment 946.205 Amendment 946.210 Amendment 946.230 Amendment 946.235 Amendment 946.240 Amendment 946.250 Amendment 946.260 Amendment 946.275 Amendment 946.280 Amendment 946.290 Amendment 946.300 Amendment 946.310 Amendment 946.315 Amendment 946.320 Amendment 946.400 Amendment 946.410 Amendment 946.420 Amendment 946.600 Amendment 946.620 Amendment 946.625 New Section

4) Statutory Authority: Implementing and authorized by the Compassionate Use of Medical Cannabis Program Act [410 ILCS 130].

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5) A Complete Description of the Subjects and Issues Involved: This rulemaking implements PA 101-363, and updates definitions and incorporated references, adds debilitating conditions, adds health care professions for the completion of a written certification, and adds requirements for veterans receiving care at a VA medical facility for participation in the Opioid Alternative Pilot Program. Additionally, the debilitating condition of "intractable pain" has been added in response to a circuit court order.

6) Any published studies or reports, along with the sources of underlying data, that were used when composing 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? Yes

10) Are there any other rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may present their comments concerning this rulemaking within 45 days after the publication of the issue of the Illinois Register to:

Rules Coordinator Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield IL 62761

217/782-2043 [email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations affected: Medical practices

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B) Reporting, bookkeeping or other procedures required for compliance: This rulemaking does not increase recordkeeping or reporting requirements above what is already required in the existing rule.

C) Types of professional skills necessary for compliance: Medical

14) Small Business Impact Analysis:

A) Types of businesses subject to the proposed rule:

62 Health Care and Social Assistance

B) Categories that the agency reasonably believes the rulemaking will impact, including:

i. training requirements; ii. record keeping; iii. other potential impacted categories.

15) 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 Amendments begins on the next page:

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TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER u: MISCELLANEOUS PROGRAMS AND SERVICES

PART 946 COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM

SUBPART A: GENERAL PROVISIONS

Section 946.10 Definitions 946.15 Referenced Materials 946.20 Debilitating Medical Conditions 946.25 Terminal Illness 946.30 Addition of Debilitating Medical Conditions 946.35 Medical Cannabis Advisory Committee (Repealed) 946.40 Limitations and Penalties 946.50 Notifications to the Department 946.60 Confidentiality 946.70 Applicability to the Smoke Free Illinois Act

SUBPART B: QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS

Section 946.200 Application for Registry Identification Card for Qualifying Patients and Designated Caregivers 946.201 Application for Registry Identification Card for Qualifying Patients under 18 Years of Age 946.205 Deadlines for Submission of Application for Registry Identification Card 946.210 Fees 946.220 Fingerprint-Based Criminal History Records Check (Repealed) 946.230 General Provisions 946.235 Provisional Access to Licensed Dispensing Organizations 946.240 Persons Receiving Medical Care at U.S. Department of Veterans Affairs Facilities 946.250 Disposal of Medical Cannabis by Qualifying Patients 946.260 Responsibilities of Designated Caregivers 946.270 Revocation of a Registry Identification Card 946.275 Suspension of a Registry Identification Card 946.280 Medical Cannabis Obtained from a Medical Cannabis Dispensing Organization

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946.290 Extension or Renewal of Registry Identification Cards

SUBPART C: PHYSICIAN REQUIREMENTS

Section 946.300 Qualifications of the Certifying Health Care ProfessionalPhysician 946.310 Health Care ProfessionalPhysician Written Certification for the Medical Cannabis Pilot Program 946.315 Waiver for Increasing the Adequate Supply of Medical Cannabis 946.320 Records Maintained by the Health Care ProfessionalPhysician and Department

SUBPART D: CANNABIS-INFUSED PRODUCTS

Section 946.400 Manufacture of Cannabis-Infused Products 946.410 Sale and Distribution of Cannabis-Infused Products 946.420 Preparation of Cannabis-Infused Products 946.430 Health Hazards

SUBPART E: ENFORCEMENT

Section 946.500 Circuit Court Review

SUBPART F: OPIOID ALTERNATIVE PILOT PROGRAM

Section 946.600 Registration for the Opioid Alternative Pilot Program 946.610 Medical Cannabis Dispensing Organizations 946.620 Health Care ProfessionalPhysician Certification for Opioid Alternative Pilot Program 946.625 Persons Receiving Care at U.S. Department of Veterans Affairs Facilities Seeking to Qualify for the Opioid Alternative Pilot Program 946.630 Fees

AUTHORITY: Implementing and authorized by the Compassionate Use of Medical Cannabis Program Act [410 ILCS 130] and the Cannabis Regulation and Tax Act [410 ILCS 705].

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SOURCE: Adopted at 38 Ill. Reg. 17367, effective July 29, 2014; emergency amendment at 39 Ill. Reg. 444, effective December 22, 2014, for a maximum of 150 days; amended at 39 Ill. Reg. 7712, effective May 15, 2015; emergency amendment at 40 Ill. Reg. 10992, effective August 1, 2016, for a maximum of 150 days; emergency amendment to emergency rule at 40 Ill. Reg. 13732, effective September 16, 2016, for the remainder of the 150 days; amended at 40 Ill. Reg. 16753, effective December 15, 2016; emergency amendment at 42 Ill. Reg. 22254, effective December 1, 2018, for a maximum of 150 days; amended at 43 Ill. Reg. 5012, effective April 17, 2019; amended at 45 Ill. Reg. ______, effective ______.

SUBPART A: GENERAL PROVISIONS

Section 946.10 Definitions

"Act" means the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130].

"Adequate supply" means 2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source and purchased at a licensed Illinois dispensing organization. (Section 10(a)(1) of the Act)

"Administer" or "Administration" means the direct introduction of medical cannabis into the body of a person, whether by inhalation, ingestion, or any other means.

"Advanced practice registered nurse" means a person who is licensed under the Nurse Practice Act as an advanced practice registered nurse and has a controlled substances license under Article III of the Illinois Controlled Substances Act. (Section 10(a-5) of the Act

"Bona-fide health care professionalphysician-patient relationship" means a relationship established at a hospital, certifying health care professional'sphysician's office, or other health care facility in which the certifying health care professionalphysician has an ongoing responsibility for the assessment, care, and treatment of a patient's debilitating medical condition or a symptom of the patient's debilitating medical condition or has diagnosed a disease or condition for which an opioid was prescribed or could be prescribed and is actively monitoring the effectiveness of the treatment. (Section 10(z) of the Act)

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"Cannabis" means marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa and including any and all derivatives or subspecies, such as Indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. (Section 3(a) of the Cannabis Control Act)

"Caregiver" or "designated caregiver" means a person who is designated by a qualifying patient as the person authorized, on the qualifying patient's behalf, to possess, obtain from a certified medical cannabis dispensary, dispense and assist in the administration of medical cannabis.

"Certifying health care professional" means a physician, an advanced practice registered nurse, or a physician assistant. (Section 10(d-5) of the Act)

"Cultivation center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. (Section 10(e) of the Act)

"DD214" means a certified DD214 Certificate of Release or Discharge from Active Duty Member Copy 4 or State Director of Veteran Affairs Copy 6; a certified DD214 Report of Separation from Active Duty Copy 2; or equivalent certified document indicating character of service and dates of service. A DD214 can be certified by the State Department of Veterans' Affairs, county veteran's officials, and the federal Department of Veterans Affairs.

"Debilitating medical condition" means cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease

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(including, but not limited to, ulcerative colitis), agitation of Alzheimer's disease, cachexia/wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease, including but not limited to arachnoiditis, Tarlov cysts, hydromyelia, syringomyelia, Rheumatoid arthritis (RA), fibrous dysplasia, spinal cord injury, traumatic brain injury (TBI) and post-concussion syndrome, Multiple Sclerosis, Arnold-Chiari malformation and Syringomelia, Spinocerebellar Ataxia (SCA), Parkinson's disease, Tourette's syndrome, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome, residual limb pain, seizures (including those characteristic of epilepsy); and post-traumatic stress disorder (PTSD), autism, chronic pain, irritable bowel syndrome, migraines, osteoarthritis, anorexia nervosa, Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune Disease, neuropathy, polycystic kidney disease, superior canal dehiscence syndrome, intractable pain, or the treatment of these conditions; or any other debilitating medical condition that is added pursuant to the statute or by the Department by rule as provided in Section 946.30. (Section 10(h) of the Act)

"Department" means the Illinois Department of Public Health.

"Director" means the Director of the Illinois Department of Public Health or his or her designee.

"Dispensing organization district" or "District" means one of the 43 geographically dispersed areas identified in the Act and by the Department of Financial and Professional Regulation where one or more dispensing organizations may be located.

"Evidence-based medical research" means documentation of published, peer- reviewed best evidence on research related to the use of medical cannabis, which includes up-to-date information from relevant, valid research about the effects of medical cannabis on different forms of diseases and conditions, its use in health care, the potential for harm from exposure, and other relevant medical information.

"Health care facility" means any and all facilities and agencies licensed by the Department, including, but not limited to, those registered under the Hospital

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Licensing Act, Nursing Home Care Act, Ambulatory Surgical Treatment Center Act, Alternative Health Care Delivery Act, Hospice Program Licensing Act, Specialized Mental Health Rehabilitation Act of 2013 and any nursing facility operated by the Illinois Department of Veterans' Affairs.

"Health care professional" means a physician, an advanced practice registered nurse, or a physician assistant.

"Medical cannabis" means cannabis and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms. Medical cannabis can be administered in a variety of ways, including, but not limited to: vaporizing or smoking dried buds; using concentrates; administering tinctures or tonics; applying topicals such as ointments or balms; or consuming medical cannabis- infused food products.

"Medical cannabis container" means a sealed, traceable, food compliant, tamper resistant, tamper evident container or package used for the purpose of containment of medical cannabis. (Section 10(n) of the Act)

"Medical cannabis dispensing organization" or "Dispensing organization" means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing medical cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or Opioid Alternative Pilot Program participant. (Section 10(o) of the Act)

"Medical cannabis-infused product" means food, oils, ointments, sodas or teas, capsules or other products containing usable cannabis that are not smoked. (Section 10(q) of the Act)

"Opioid" means a narcotic drug or substance that is a Schedule II controlled substance under Section 206 (b)(1), (2), (3), or (5) or (c) of the Illinois Controlled Substances Act. (Section 10 (r-5) of the Act)

"Opioid Alternative Pilot Program participant" means an individual who has received a valid written certification to participate in the Opioid Alternative Pilot

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Program for a medical condition for which an opioid has been or could be prescribed by a certifying health care professionalphysician based on generally accepted standards of care. (Section 10(r-10) of the Act)

"Petitioner" means an applicant who seeks to add debilitating medical conditions to those listed in Section 10(h) of the Act as allowed under Section 946.30.

"Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987 and who has a controlled substances license under Article III of the Illinois Controlled Substances Act. (Section 10(s-1) of the Act)

"Private residence" means the part of a structure used as a dwelling, including, without limitation: a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin or cottage. For the purposes of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home or assisted living facility shall not be considered a private residence.

"Promptly" means as soon as reasonably practicable, but not later than five days.

"Provisional patient" means a qualifying patient who has received a provisional registration from the Department of Public Health.

"Provisional registration" means a document issued by the Department of Public Health to a qualifying patient or designated caregiver who has submitted:

a valid and complete online application and paid a fee to participate in the Compassionate Use of Medical Cannabis Pilot Program pending approval or denial of the patient's application; or

a completed application for terminal illness. (Section 10(s-5) of the Act)

"Public place" means any place where an individual could reasonably be expected to be observed by others, including all parts of buildings owned in whole or in part or leased by the State or a unit of local government. A "public place" does not include health care facilities, as defined in this Part, or private residences unless the private residence is used to provide child care, foster care or other similar social service care on the premises.

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"Qualifying patient" means a person who has been diagnosed by a certifying health care professionalphysician as having a debilitating medical condition. (Section 10(t) of the Act)

"Reasonable amount" means less than 2,000 grams of cannabis for any conviction that occurred in the past 10 years or any amount of cannabis if the felony in the jurisdiction where the conviction occurred has been reclassified as a misdemeanor or petty offense since the time of the conviction.

"Registered qualifying patient" means a qualifying patient who has been approved by the Department and has been issued a registry identification card.

"Registry identification card" or "medical cannabis patient registry card" means a document issued by the Department that identifies a person as a current registered qualifying patient or registered designated caregiver. (Section 10(v) of the Act)

"Resident" means a person who maintains a legal place of residence in the State of Illinois.

"Reviewing health care professionalphysician" means a health care professionalphysician currently licensed under the Medical Practice Act of 1987 or who possesses a current, active medical license issued by another state, who has conducted a review of the medical records from other health care professionalsphysician treating a qualifying patient who is under 18 years of age for the purpose of confirming the diagnosis of debilitating medical conditions as defined in the Act.

"Spinal cord injury" means damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.

"Terminal illness" means a debilitating condition or other illness for which the qualifying patient has received a diagnosis for a life expectancy of six months or less.

"Tincture" means cannabis flowered tops and leaves that are soaked in liquid, usually an alcohol solution, transferring the THC and other cannabanoids to the liquid. The tincture may be added to foods and liquids, applied to the skin, or

ILLINOIS REGISTER 17334 20 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF PROPOSED AMENDMENTS consumed directly by drinking a small quantity or placing a few drops under the tongue.

"Tetrahydrocannabinol" or "THC" means the primary active ingredient in cannabis.

"VA" means federal Department of Veterans Affairs.

"Veteran" means person who served in one of the five active-duty Armed Services or their respective Guard or Reserve units, and who was discharged or released from service under conditions other than dishonorable.

"VA health care facilityhospital" means a health care facility operated by the federal Department of Veterans Affairs-Veterans Health Administration providing hospital and outpatient health care services to U.S. military service veterans.

"VA official hospital medical records" means records from the VA documenting medical conditions, medications, and dates of treatment in the VA healthcare system. Records shall include, but not be limited to, information from the patient's VA health record found at www.myhealth.va.gov.

"Written certification" means a document, on a form specified by the Department, dated and signed by a certifying health care professionalphysician, stating:

that the qualifying patient has a debilitating medical condition and specifying the debilitating medical condition the qualifying patient has; and

that:

the certifying health care professionalphysician is treating or managing treatment of the patient's debilitating condition; or

an Opioid Alternative Pilot Program Participant has a medical condition for which opioids have been or could be prescribed.

A written certification shall be made only in the course of a bona-fide health care professionalphysician-patient relationship, after the certifying health care professionalphysician has completed an assessment of either a qualifying

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patient's medical history or Opioid Alternative Pilot Program participant, reviewed relevant records related to the patient's debilitating condition, and conducted a physical examination. (Section 10(y) of the Act)

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.15 Referenced Materials

a) The following federal statutes are referenced in this Part:

1) Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq.)

2) Federal Fair Packaging and Labeling Act (15 USC 1451 et seq.)

3) Health Insurance Portability and Accountability Act of 1996 (HIPAA) (P.L. 104-191)

b) The following Illinois statutes are referenced in this Part:

1) Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130]

2) Administrative Review Law (Article III of the Code of Civil Procedure) [735 ILCS 5/Art. III]

3) Cannabis Control Act [720 ILCS 550]

4) Methamphetamine Control and Community Protection Act [720 ILCS 646]

5) Open Meetings Act [5 ILCS 120]

6) Medical Practice Act of 1987 [225 ILCS 60]

7) Illinois Controlled Substances Act [720 ILCS 570]

8) Illinois Food, Drug and Cosmetic Act [410 ILCS 620]

9) Food Handling Regulation Enforcement Act [410 ILCS 625]

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10) Illinois Vehicle Code [625 ILCS 5]

11) Smoke Free Illinois Act [410 ILCS 82]

12) Illinois Identification Card Act [15 ILCS 335]

13) Freedom of Information Act (FOIA) [5 ILCS 140]

14) Code of Civil Procedure [735 ILCS 5]

15) State Records Act [5 ILCS 160]

16) Illinois Vehicle Code [625 ILCS 5]

17) Nurse Practice Act [225 ILCS 65/Art. 70]

18) Physician Assistant Practice Act of 1987 [225 ILCS 95]

19) Cannabis Regulation and Tax Act [410 ILCS 705]

c) The following State administrative rules are referenced in this Part:

1) The Illinois Food, Drug and Cosmetic Act (77 Ill. Adm. Code 720)

2) Manufacturing, Processing, Packing or Holding of Food Code (77 Ill. Adm. Code 730)

3) Food Service Sanitation Code (77 Ill. Adm. Code 750)

4) Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)

5) Cannabis Regulation and Tax Act (8 Ill. Adm. Code 1300).

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.25 Terminal Illness

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An individual who submits an application for a registry identification card as someone who is terminally ill as defined in Section 946.10 shall have all fees and fingerprinting requirements waived. (Section 60(c-10) of the Act)

a) A qualifying patient who has been diagnosed with a terminal illness shall register with the Department on forms and in a manner prescribed by the Department.

b) To qualify for a registry identification card, a qualifying patient with a diagnosis of terminal illness shall:

1) Be a resident of the State of Illinois at the time of application and remain a resident during participation in the program.

2) Meet the definition of terminal illness in Section 946.10.

3) Have a signed, written attestation specifying that the qualifying patient has a terminal illness, on a form provided by the Department, submitted by a certifying health care professionalphysician who meets the requirements set forth in the Act, along with an application for a registry identification card.

4) Complete an application on a form provided by the Department and submit a copy of his or her Illinois driver's license, Temporary Visitor's Driver's License or state identification card. If the individual does not have an Illinois driver's license or state identification card, a color copy of a current passport will be accepted.

5) Provide a current digital passport-sized photograph meeting the criteria specified in Section 946.200(b)(6).

c) A veteran or spouse of a veteran who is receiving care for a debilitating condition at a VA health care facilityhospital, as specified in Section 946.240, shall sign a written attestation indicating they have been diagnosed with a terminal illness and shall submit one year of official VA hospital medical records from the VA using VA Form 10-5345 and provide a copy of his or her DD214 indicating character and dates of service.

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d) A qualifying patient under the age of 18 diagnosed with a terminal illness will not be required to obtain a written certification from a reviewing health care professionalphysician.

e) A patient with a terminal illness may specify a designated caregiver. A qualifying patient under age 18 may have up to threetwo designated caregivers as described in Section 946.201(c).

f) A qualifying patient shall not possess a school bus permit or a Commercial Driver's License. (See Section 30(a)(10) of the Act). Applications submitted by personsPersons who possess thesesuch licenses will not be processed while the permit or license is valid in accordance with records kept by the Secretary of State. Applicants must forfeit or surrender the permits or licensesshould revoke them prior to submitting an application for a medical cannabis registry identification card or their application will not be processed.

g) Applications submitted by an applicant diagnosed with a terminal illness shall be approved or denied within 14 business days, not including State holidays, of the submission of their complete application. (Section 60(c-10) of the Act) The time period for approval or denial will not include the time necessary for the Secretary of State verification process to be completed or the printing, mailing and receipt of the registry identification card by the patient.

h) Persons whose diagnosis is no longer terminal after a period of six months and their designated caregiver, may submit an application for a registry identification card in accordance with Section 946.200 or Section 946.201 and pay all applicable fees specified in Section 946.210.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.30 Addition of Debilitating Medical Conditions

Residents may petition the Department to add debilitating medical conditions to those listed in Section 10(h) of the Act and Section 946.20. The Department will accept petitions annually. The annual petition period for accepting petitions will be for a one-month period from January 1 through January 31 each year. Petitions received outside of the open periods specified in this Section will not be reviewed and will be returned to the resident submitting the petition.

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NOTICE OF PROPOSED AMENDMENTS a) During the open period, the Department will accept petitions from any resident requesting the addition of a new debilitating medical condition or disease to the list of approved debilitating medical conditions for which the use of cannabis has been shown to have a therapeutic or palliative effect. The Department shall provide public notice 30 days before the open period for accepting petitions, which shall describe the time period for submission, the required format of the submission, and the submission address, which is set forth in Section 946.205. (Section 45(b) of the Act) b) Each petition shall be limited to one proposed debilitating medical condition or disease. (Section 45(c) of the Act) c) A petitioner shall file one original petition in the format provided by the Department and in the manner specified by the Department. For a petition to be processed and reviewed, the following information shall be included: (Section 45(d) of the Act)

1) A specific description of the medical condition or disease that is the subject of the petition. The petitioner shall not submit broad categories, e.g., all mental illnesses. Each petition shall be limited to a single condition or disease. Information about the proposed condition or disease shall include:

A) The extent to which the condition or disease itself and/or the treatments cause severe suffering, such as severe and/or chronic pain, severe nausea and/or vomiting, or otherwise severely impair a person's ability to carry on with activities of daily living;

B) Information about why conventional medical therapies are not sufficient to alleviate the suffering caused by the disease or condition and its treatment;

C) The proposed benefits from the medical use of cannabis specific to the medical condition or disease;

D) Evidence from the medical community and other experts supporting the use of medical cannabis to alleviate suffering caused by the condition or disease and/or treatment;

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E) Letters of support from physicians or other licensed health care providers knowledgeable about the condition or disease, including, if feasible, a letter from a health care professionalphysician with whom the petitioner has a bona-fide health care professionalphysician-patient relationship;

F) Any additional medical, testimonial or scientific documentation; and

G) An electronic copy of all materials submitted.

2) Upon receipt of a petition, the Department shall determine whether the petition meets the standards for submission and, if so, will accept the petition for further review; or whether the petition does not meet the standards for submission and, if so, shall deny the petition without further review.

3) If the petition does not fulfill the standards for submission, the petition shall be considered deficient. The Department shall notify the petitioner, who may correct any deficiencies and resubmit the petition during the next open period. d) The petitioner may withdraw theirhis or her petition by submitting a written statement to the Department indicating withdrawal. e) Upon review of accepted petitions, the Director will consult with Department staff to analyze the clinical and scientific merit of the petitions. This consultation will occur before the Director renders a final decision regarding the acceptance or denial of the proposed debilitating medical conditions or diseases. (Section 45(f) of the Act) The Department's analysis will be recorded in a format prescribed by the Department. f) The Department will approve or deny a petition within 180 days after its submission. (Section 45(a) of the Act) g) All petitions to add debilitating medical conditions submitted to the Department in January 2016 will be reviewed in accordance with the rules for the addition of debilitating medical conditions in effect at the time of the submission.

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(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.35 Medical Cannabis Advisory Board (Repealed)

a) The Department shall convene a Medical Cannabis Advisory Board (Advisory Board) composed of 16 members, including (Section 45(q) of the Act):

1) One medical cannabis patient advocate or designated caregiver;

2) One parent or designated caregiver of a person under age 18 who is a qualified medical cannabis patient;

3) Two registered nurses or nurse practitioners;

4) Three registered qualifying patients, including one veteran; and

5) Nine health care practitioners with current professional licensure in their field. The Advisory Board shall be composed of health care practitioners representing the following areas:

A) Neurology;

B) Pain management;

C) Medical oncology;

D) Psychiatry or mental health;

E) Infectious disease;

F) Family medicine;

G) General primary care;

H) Medical ethics;

I) Pharmacy;

J) Pediatrics; or

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K) Psychiatry or mental health for children or adolescents.

At least one appointed health care practitioner shall have direct experience related to the health care needs of veterans and at least one individual shall have pediatric experience. b) Members of the Advisory Board shall be appointed by the Governor.

1) Members shall serve a term of four years or until a successor is appointed and qualified. If a vacancy occurs, the Governor shall appoint a replacement to complete the original term created by the vacancy.

2) The Governor shall select a chairperson.

3) Members may serve multiple terms.

4) Members shall not have an affiliation with, serve on the board of, or have a business relationship with a registered cultivation center or a registered medical cannabis dispensary.

5) Members shall disclose any real or apparent conflicts of interest that may have a direct bearing of the subject matter, such as relationships with pharmaceutical companies, biomedical device manufacturers, or corporations whose products or services are related to the medical condition or disease to be reviewed.

6) Members shall not be paid but will be reimbursed for travel expenses incurred while fulfilling the responsibilities of the Advisory Board. c) The Advisory Board shall convene at the call of the Chair to:

1) Examine debilitating conditions or diseases that would benefit from the medical use of cannabis, and;

2) Review any new medical and scientific evidence pertaining to currently approved debilitating conditions.

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3) The Advisory Board shall issue an annual report of its activities each year.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 946.40 Limitations and Penalties

a) Any person engaging in the following conduct may be charged with civil, criminal or other penalties for:

1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence, professional malpractice, or professional misconduct;

2) Possessing cannabis:

A) except as provided under Section 22-33 of the School Code, in a school bus;

B) except as provided under Section 22-33 of the School Code, on the grounds of any preschool or primary or secondary school;

C) in any correctional facility;

D) in a vehicle under Section 11-502.1 of the Illinois Vehicle Code;

E) in a vehicle not open to the public unless the medical cannabis is in a reasonably secured, sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving; or

F) in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;

3) Using cannabis:

A) except as provided under Section 22-33 of the School Code, in a school bus;

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B) except as provided under Section 22-33 of the School Code, on the grounds of any preschool or primary or secondary school;

C) in any correctional facility;

D) in any motor vehicle;

E) in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;

F) except as provided under Section 22-33 of the School Code, in any public place. "Public place" as used in this subsection (a)(3)(F) means any place where an individual could reasonably be expected to be observed by others. A "public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a local unit of government. A "public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. For purposes of this subsection (a)(3)(F), a "public place" does not include a health care facility. For purposes of this Section, a "health care facility" includes, but is not limited to, hospitals, nursing homes, hospice care centers, and long-term care facilities;

G) except as provided under Section 22-33 of the School Code, knowingly in close physical proximity to anyone under the age of 18 years of age;

4) Smoking medical cannabis in any public place where an individual could reasonably be expected to be observed by others, in a health care facility, or any other place where smoking is prohibited under the Smoke Free Illinois Act;

5) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;

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6) Using or possessing cannabis if that person does not have a debilitating medical condition and is not a registered qualifying patient, provisional patient, or caregiver or Opioid Alternative Pilot Program participant;

7) Allowing any person who is not allowed to use cannabis under the Act to use cannabis that a cardholder, provisional patient, or Opioid Alternative Pilot Program participant is allowed to possess under the Act;

8) Transferring cannabis to any person contrary to the provisions of the Act;

9) The use of medical cannabis by an active duty law enforcement officer, correctional officer, correctional probation officer, or firefighter; or

10) The use of medical cannabis by a person who has a school bus permit or a Commercial Driver's License. b) Nothing in the Act shall be construed to prevent the arrest or prosecution of a registered qualifying patient, provisional patient, or Opioid Alternative Pilot Program participant for reckless driving or driving under the influence of cannabis where probable cause exists. c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, knowingly making a misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is a petty offense punishable by a fine of up to $1,000, which shall be in addition to any other penalties that may apply for making a false statement or for the use of cannabis other than use undertaken under the Act. d) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, any person who makes a misrepresentation of a medical condition to a certifying health care professionalphysician or fraudulently provides material misinformation to a certifying health care professionalphysician in order to obtain a written certification is guilty of a petty offense punishable by a fine of up to $1,000. e) Any cardholder or registered caregiver, provisional patient, or Opioid Alternative Pilot Program participant who sells cannabis shall have his or her registry identification card revoked and is subject to other penalties for the unauthorized sale of cannabis.

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f) Any registered qualifying patient, provisional patient, or Opioid Alternative Pilot Program participant who commits a violation of Section 11-502.1 of the Illinois Vehicle Code or refuses a properly requested test related to operating a motor vehicle while under the influence of cannabis shall have his or her registry identification card revoked. g) No registered qualifying patient or designated caregiver, provisional patient, or Opioid Alternative Pilot Program participant shall knowingly obtain, seek to obtain, or possess, individually or collectively, an amount of usable cannabis from a registered medical cannabis dispensing organization that would cause him or her to exceed the authorized adequate supply under Section 10(a) of the Act. h) Nothing in the Act shall prevent a private business from restricting or prohibiting the medical use of cannabis on its property. i) Nothing in the Act shall prevent a university, college, or other institution of post- secondary education from restricting or prohibiting the use of medical cannabis on its property. (Section 30 of the Act) j) Individuals who fail to comply with any of the following notification requirements (see Section 75(a) of the Act) shall be subject to a civil monetary penalty, pursuant to Section 75(d) of the Act. The civil monetary penalty, which may be assessed for each instance of non-compliance, is not to exceed $150 per instance.

1) A registered qualifying patient, provisional patient, or Opioid Alternative Pilot Program participant shall notify the Department of Public Health of any change in his or her name or address, or if the registered qualifying patient ceases to have his or her debilitating medical condition, within 10 days after the change or death.

2) A registered designated caregiver shall notify the Department of Public Health of any change in his or her name or address, or if the designated caregiver becomes aware the registered qualifying patient passed away, within 10 days after the change.

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3) Before a registered qualifying patient changes his or her designated caregiver, the qualifying patient must notify the Department of Public Health.

4) If a cardholder loses his or her registry identification card, the patienthe or she shall notify the Department within 10 days after becoming aware the card has been lost. (Section 75(a) of the Act)

k) Any person, including an employee or official of the Department of Public Health, Department of Financial and Professional Regulation, or Department of Agriculture or another State agency or local government, is guilty of a Class B misdemeanor with a $1,000 fine for breaching the confidentiality of information obtained under the Act (Section 145(c) of the Act) and Sections 946.270 and 946.275 of this Part.

l) Any cardholder, including a provisional patient or an Opioid Alternative Pilot Program participant, found to be in violation of the Act or this Part may have his or her registration suspended or revoked, pursuant to Section 185(a) of the Act and Sections 946.270 and 946.275 of this Part.

m) The Department of Public Health may, with reasonable cause, refer a certifying health care professionalphysician, who has certified a debilitating medical condition of a patient, to the Illinois Department of Financial and Professional Regulation for potential violations of Section 35 of the Act. (Section 35(c) of the Act)

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.50 Notifications to the Department

a) The registered qualifying patient, provisional patient and designated caregiver shall notify the Department of any changes in application information within 10 days after the change occurs. After a registry identification card is issued, information changes shall be made by notifying the Department. Forms for this purpose will also be available on the Department's website at http://dph. illinois.gov/topics-services/prevention-wellness/medical-cannabis http://www.idph.state.il.us/HealthWellness/MedicalCannabis/index.htm.

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b) Registered qualifying patients and provisional patients shall notify the Department:

1) Of changes in the patient's name or address;

2) If the registered qualifying patient or provisional patient ceases to have the debilitating medical condition;

3) Of a change in the designated caregiver; and

4) Of a change in the selected dispensary organization; and

45) If the registry identification card is lost or stolen.

c) If a registered qualifying patient ceases to be a registered qualifying patient or changes his or her registered designated caregiver, the registered qualifying patient shall immediately notify the Department via telephone and the Department of Public Health shall promptly notify the designated caregiver. The registered designated caregiver's registry identification card shall immediately become void and all protections under the Act as to that qualifying patient shall expire 15 days after notification by the Department. (Section 75(c) of the Act)

d) If the qualifying patient is deceased, the designated caregiver, if any, or a legal representative of the patient shall notify the Department.

e) A cardholder, including an Opioid Alternative Pilot Program participant, who fails to make a notification to the Department of Public Health that is required by this Part is subject to a civil infraction, punishable by a penalty of no more than $150. (Section 75(d) of the Act)

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.60 Confidentiality

a) The following information received and records kept by the Department for purposes of administering this Part are subject to all applicable federal privacy laws, are confidential, are exempt from the Illinois Freedom of Information Act, and are not subject to disclosure to any individual or public or private entity,

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except as necessary for authorized employees of the Department to perform official duties of the Department pursuant to this Part:

1) Applications or renewals, their contents and supporting information submitted by qualifying patients and designated caregivers, including information regarding designated caregivers and certifying health care professionalsphysicians;

2) The individual names and other information identifying persons to whom the Department has issued registry identification cards; and

3) All medical records provided to the Department in connection with an application for a registry identification card. b) Department hard drives or other data recording media that are no longer in use and that contain cardholder information will be destroyed. c) Data subject to this Section shall not be combined or linked in any manner with any other list or database and shall not be used for any purpose not provided by this Part or the Act. (Section 150(a) of the Act) d) Any dispensing information required to be kept under Section 135 or 150 of the Act or under this Part will identify cardholders, including an Opioid Alternative Pilot Program participant, by their registry identification numbers and not contain names or other personally identifying information. e) The Department of Agriculture, the Department of Financial and Professional Regulation and the Illinois State Police may verify registry identification cards. Law enforcement personnel shall have access to the Department's onlineon-line verification system to verify the period for which the registration is valid and the status of qualifying patients who have submitted an application for a registry identification card and Opioid Alternative Pilot Program participant registration information. f) This Section does not preclude the following notifications:

1) Department employees may notify law enforcement if information submitted to the Department is suspected to be falsified or fraudulent.

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2) The Department may notify State or local law enforcement about alleged criminal violations of this Part.

3) The Department will notify the Department of Financial and Professional Regulation if there is reasonable cause to believe that a certifying health care professionalphysician has:

A) Issued a written certification without a bona-fide health care professionalphysician-patient relationship; or

B) Issued a written certification to a person who was not under the certifying health care professional'sphysician's care for the debilitating medical condition; or

C) Failed to abide by the acceptable and prevailing standard of care when evaluating a patient's medical condition.

g) The Department will share, disclose, and forward patient information as required by Section 60(e) of the Act.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

SUBPART B: QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS

Section 946.200 Application for Registry Identification Card for Qualifying Patients and Designated Caregivers

a) A qualifying patient who has been issued a written certification who seeks to use medical cannabis for palliative or therapeutic benefit to treat or alleviate the symptoms associated with the patient's debilitating medical condition, and the qualifying patient's designated caregiver, when applicable, shall register with the Department on forms and in a manner prescribed by the Department.

b) To qualify for a registry identification card, a qualifying patient shall:

1) Be a resident of the State of Illinois, as defined in subsection (c), at the time of application and remain a resident during participation in the program;

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2) Have a qualifying medical condition for which the use of medical cannabis will provide help with treating or alleviating the pain, nausea and other symptoms associated with the condition or be diagnosed with a terminal illness;

3) Have a signed, written certification meeting the requirements of this Part. c) Residency. For purposes of this Part, the qualifying patient and designated caregiver, if any, shall be a resident of the State of Illinois if the individual:

1) Physically resides in the State of Illinois, or has taken verifiable actions to make Illinois his or her home indefinitely with no present intent to reside in another state.

2) Provides proof of Illinois residency by submitting a valid unexpired Illinois Driver's License, Illinois Temporary Visitor Driver's License or State Identification Card issued by the Illinois Secretary of State and at least one of the following items with the application for a registry identification card. The address on the documentation provided shall match the address on the application. Persons who are homeless shall only be required to submit a Notarized Homeless Status Certification (available at https://www.cyberdriveillinois.com/publications/ pdf_publications/dsd_a230.pdf).:

3) A qualifying patient or designated caregiver submitting a current, valid Illinois Driver's License, Illinois Temporary Visitor Driver's License, or State Identification Card issued by the Illinois Secretary of State shall not be required to provide additional proof of residency. The following documents will be accepted by the Department if the qualifying patient or designated caregiver does not submit a current, valid Illinois Driver's License, Illinois Temporary Visitor Driver's License, or State Identification Card issued by the Illinois Secretary of State:

A) Pay stub or electronic deposit receipt, issued less than 60 days prior to the application date, that shows evidence of the applicant's withholding for State income tax;

B) Valid voter registration card with an address in Illinois;

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C) Valid, unexpired military identification card;

D) Bank statement (dated less than 90 days prior to application) or credit card statement (dated less than 60 days prior to application);

E) Deed/title, mortgage or rental/lease agreement; property tax bill;

F) Insurance policy (current coverage for automobile, homeowner's, health or medical, or renter's);

G) Medical claim or statement of benefits (from a hospital or health clinic or private insurance company or public (government) agency, dated less than 12 months prior to application);

H) Persons enrolled in the federal Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) disability program may submit a "Benefit Verification Letter" from the Social Security Administration; showing the individual's name and address and the type of benefits received. The letter must be dated within the last year. A copy of the letter may be obtained onlineon-line at https://www.ssa.gov/myaccount/ or by contacting the Social Security Administration. The annual cost of living increase letter mailed to recipients of social security benefits will not be accepted.

I) Tuition invoice/official mail from college or university, dated less than the 12 months prior to application;

J) Utility bill, including, but not limited to, those for electric, water, refuse, telephone land-line, cellular phone, cable or gas, issued less than 60 days prior to application; or

K) W-2 form from the most recent tax year; or.

L) another document deemed by the Department to meet the requirements of this subsection (c).

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NOTICE OF PROPOSED AMENDMENTS d) To apply for a registry identification card, a qualifying patient shall submit a completed application to the Department on the required forms, which shall include, at a minimum, the following items:

1) Written certification for the use of medical cannabis meeting the requirements of this Part issued by a certifying health care professionalphysician who meets the requirements set forth in the Act. The certification shall be and the Medical Practice Act of 1987 and dated less than 90 days prior to the application;

2) Proof of Illinois residency of the qualifying patient, as specified in subsection (c);

3) Proof of identity of the qualifying patient;

4) Proof of the qualifying patient's age;

5) Photograph of the qualifying patient and designated caregiver, if applicable, as follows:

A) Current digital passport-size photograph, taken no more than 30 calendar days before the submission of the application;

B) Taken against a plain background or backdrop;

C) At least 2 inches by 2 inches in size;

D) In natural color; and

E) That provides an unobstructed front view of the full face. A full- faced photograph must be taken without any obstruction of the applicant's facial features or any items covering any portion of the face. Prescription glasses and religious head coverings not covering any areas of the open face will be allowed. Head coverings for persons diagnosed and undergoing treatment for cancer will be allowed.

i) A qualifying patient or designated caregiver will not be required to submit to a photograph if sufficient justification

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is provided by the qualifying patient or caregiver to establish that a photograph would be in violation of or contradictory to the qualifying patient's or designated caregiver's religious convictions. If a qualifying patient or designated caregiver declares that the use of a photograph is against his/her religious convictions, the qualifying patient or designated caregiver will be given an affidavit to be completed. This affidavit contains designated areas for a detailed written explanation of the reasons why a photograph is against the qualifying patient's or designated caregiver's religious convictions, a place for the qualifying patient's or designated caregiver's signature and date, the designation of the religious sect or denomination involved, space for a minister or other religious leader to apply his/her signature attesting to the explanation the qualifying patient or designated caregiver has offered, along with the date and official title of the minister or religious leader.

ii) The affidavit shall be submitted to the Department. The Director will appoint a committee of three Department employees to review each affidavit. The committee shall submit a recommendation to the Director for his or her final decision.

iii) If the qualifying patient or designated caregiver meets all other application requirements of this Part, the Department will issue a non-photo temporary registry identification card, not to exceed 90 days in duration, to allow for medical cannabis use privileges during the determination.

iv) Upon approval by the Department, a valid registry identification card without a photograph will be issued and can be renewed. The card will be mailed to the qualifying patient's home address.

6) Designation of the medical cannabis dispensing organization where the qualifying patient will receive his or her medical cannabis. Only one medical cannabis dispensing organization may be selected at any time,

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however, the patient is able to submit a request to change the selected dispensary by notifying the Department.

67) Completion of the designated caregiver application if applicable. A qualifying registered patient 18 years of age or older may have up to three designated caregivers. A designated caregiver may only serve one qualifying registered patient.

78) Payment of the applicable application fee (see Section 946.210) by check or money order. If the qualifying patient or caregiver is applying onlineon-line, the Department will accept credit card payments.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.201 Application for Registry Identification Card for Qualifying Patients under 18 Years of Age

a) A qualifying patient under 18 years of age shall register with the Department on forms and in a manner prescribed by the Department. The designated caregiver shall complete the application for registry identification card for a qualifying patient under 18 years of age. Once the qualifying patient becomes 18 years of age, the patienthe or she must submit a full application for a registry identification card as specified in Section 946.200. Qualifying patients who become 18 years of age during the time period in which their registry identification card is valid may apply for a registry identification card either immediately or during the normal renewal period. Until that time, the registry identification card shall be subject to the conditions applicable to the registered qualifying patient under age 18.

b) To qualify for a registry identification card, a qualifying patient under 18 years of age shall:

1) Be a resident of the State of Illinois, as defined in subsection (dc), at the time of application and remain a resident during participation in the program;

2) Be diagnosed with any debilitating medical condition listed in Section 946.310 for which medical cannabis may be used to treat or alleviate the pain, nausea or other symptoms associated with the condition or have a diagnosis of terminal illness.

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c) The application for a registry identification card for a qualifying patient under 18 years of age shall include the following:

1) Two signed written certifications for the use of medical cannabis:

A) A signed written certification as specified in Section 946.310; and

B) A signed written certification from a reviewing health care professionalphysician indicating that a comprehensive review of the qualifying patient's medical records from other certifying health care professionalsphysicians treating the qualifying patient has been conducted;

2) Identify a designated caregiver (custodial parent or legal guardian) who shall complete an application for a caregiver registry identification card as specified in Section 946.200;

A) A qualifying patient under 18 years of age may identify up to threetwo designated caregivers, at least one of whom shall be the biological parent or legal guardian. A designated caregiver shall only serve one qualifying registered patient. if both biological parents or two legal guardians have significant decision-making responsibilities over the qualifying patient; or

B) If a designated caregiver is not theonly one biological parent or legal guardian, the biological parent or legal guardian shall provide information about why the individual shall be a designated caregiver on a form provided by the Department. has significant decision-making responsibilities for the qualifying patient under 18 years of age, then a second designated caregiver may be identified.

3) A completed, signed Medical Cannabis Custodial Parent and Legal Guardian Attestation form. This form can be requested from the Illinois Department of Public Health via email at [email protected]; and

34) Persons who are the legal guardian for a qualifying patient under 18 years of age shallIf applicable, provide proof of guardianship documentation.

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d) Residency. For purposes of this Part, the qualifying patient under 18 years of age and each of the designated caregiverscustodial parent or legal guardian shall be residents of the State of Illinois. e) EachThe designated caregiver shall provide proof of Illinois residency by submitting the following items with the application for a registry identification card. Persons who are homeless shall be required to submit only a Notarized Homeless Status Certification (available at https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a230.pdf):

1) A copy of the caregiver's unexpired Illinois Driver's License, State Identification Card issued by the Illinois Secretary of State, or Illinois Temporary Visitor Driver's License; or

2) The documentation specified in Section 946.200(c)A copy of the caregiver's unexpired U.S. passport. f) To apply for a registry identification card for a qualifying patient under 18 years old, the designated caregiver shall submit a completed application to the Department on the required forms, which shall include, at a minimum, the following items:

1) A written certification for the use of medical cannabis meeting the requirements of this Part, issued by a certifying health care professionalphysician who meets the requirements set forth in the Act and the Medical Practice Act of 1987, and dated less than 90 days prior to the application;

2) A signed written certification from a reviewing health care professionalphysician indicating that a comprehensive review of the qualifying patient's medical records from other certifying health care professionalsphysicians treating the qualifying patient has been conducted. This physician shall meet the requirements set forth in the Medical Practice Act of 1987 or shall provide proof of a current, active medical license issued by another state.

3) Proof of Illinois residency of the qualifying patient, as specified in subsection (dc);

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4) Proof of identity of the qualifying patient (copy of the qualifying patient's birth certificate);

5) Proof of the qualifying patient's age. A copy of the qualifying patient's birth certificate shall fulfill this requirement;

6) Current digital passport-size photograph of eachthe designated caregiver, as follows:

A) Taken no more than 30 calendar days before the submission of the application;

B) Taken against a plain background or backdrop;

C) At least 2 inches by 2 inches in size;

D) In natural color; and

E) That provides an unobstructed front view of the full face. A full-faced photograph must be taken without any obstruction of the applicant's facial features or any items covering any portion of the face. Prescription glasses and religious head coverings not covering any areas of the open face will be allowed. Head coverings are allowed for persons diagnosed and undergoing treatment for cancer.

i) A designated caregiver for a qualifying patient under 18 years old will not be required to submit a photograph if sufficient justification is provided by the caregiver to establish that a photograph would be in violation of or contradictory to the designated caregiver's religious convictions. If a designated caregiver declares that the use of a photograph is against his/her religious convictions, the designated caregiver will complete an affidavit on a form provided by the Department. The affidavit contains designated areas for a detailed written explanation of the reasons why a photograph is against the designated caregiver's religious convictions; a place for the designated

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caregiver's signature and date, the designation of the religious sect or denomination involved; space for a minister or other religious leader to apply his/her signature attesting to the explanation the designated caregiver has offered; and the date and official title of the minister or religious leader.

ii) The affidavit shall be submitted to the Department. The Director will appoint a committee of three Department employees to review each affidavit. The committee shall submit a recommendation to the Director for his or her final decision.

iii) If the designated caregiver meets all other application requirements of this Part, the Department will issue a non-photo temporary registry identification card, not to exceed 90 days in duration, to allow for medical cannabis use privileges during the determination.

iv) Upon approval by the Department, a valid registry identification card without a photograph will be issued and can be renewed. The card will be mailed to the designated caregiver's home address.

7) Designation of the medical cannabis dispensing organization where the designated caregiver will obtain medical cannabis on behalf of the qualifying patient under 18 years of age.

8) Completion of the Medical Cannabis Parent and Legal Guardian Attestation form.

9) If applicable, submission of proof of guardianship documentation.

10) Payment of the applicable application fee (see Section 946.210) by check or money order. If the patient or caregiver is applying onlineon-line, the Department will accept credit card payments.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

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Section 946.205 Deadlines for Submission of Application for Registry Identification Card

A qualifying patient who seeks to use medical cannabis for palliative or therapeutic benefit for the patient's debilitating medical condition, and the qualifying patient's designated caregiver when applicable, shall register with the Department on forms and in a manner prescribed in this Part.

a) Applications for registry identification cards will be accepted year round.

b) Application Submission

1) Applications for registry identification cards shall be submitted electronically through the Department's website (http://dph.illinois.gov www.idph.state.il.us) or shall be sent via U.S. mail to the following address:

Division of Medical Cannabis Illinois Department of Public Health 535 West Jefferson Street Springfield, IL 62761-0001

2) Applications for registry identification cards not submitted electronically or to the above address shall be considered deficient.

c) The Department of Public Health shall send a notification to a registered qualifying patient or designated caregiver at least 90 days prior to the expiration date on the registry identification card. Notification may be sent electronically to the patient's email address on file with the Department or by regular U.S. mail. (Section 70 of the Act)

d) To maintain a valid registry identification card, a registered qualifying patient and designated caregiver must annually resubmit, at least 45 days prior to the expiration date stated on the registry identification card, a completed renewal application (see Section 946.200), renewal fee (see Section 946.210) and accompanying documentation (see Section 946.200). (Section 70 of the Act)

e) The Department may allow patients 30 days to correct any deficiencies in the application.

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(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.210 Fees

a) Except as set forth in subsection (b), the registration, renewal and replacement card fees are as specified in this subsection (a). All fees submitted to the Department shall be non-refundable. Annually, the Department may revise these fees:

1) Qualifying patient application fee valid for:

A) One year $50100

B) Two years $100200

C) Three years $125250

2) Qualifying patient under 18 years of age application fee (includes one caregiver at no additional chargeapplication fee) valid for:

A) One year $50100

B) Two years $100200

C) Three years $125250

3) Caregiver for a qualifying patient or second caregiver for a patient under 18 years of age application fee valid for:

A) One year $25

B) Two years $50

C) Three years $75

4) Replacement card fee $25

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5) Returned check fee $35 b) The Department may reduce registration and renewal card fees for a qualifying patient:

1) enrolled in the federal Social Security Disability Income (SSDI) or the Supplemental Security Income (SSI) disability program, with submission of proof as described in subsection (e)(1)(b)(7);

2) who is a veteran with proof of service as described in subsection (e)(4)(b)(3); or

3) receiving U.S. Railroad Retirement Board Disability benefits;: or

4) receiving Teacher's Retirement System disability benefits; or

5) receiving Illinois State Universities Retirement System disability benefits; or.

6) age 65 years or older at the time of application as indicated by identifying documents required by this Section. c6) Reduced qualifying patient application fee is valid for:

1A) One year $2550

2B) Two years $50100

3C) Three years $75124 d) Applicants with life-long debilitating medical conditions shall have their cards renewed every three years for $50. e7) Proof for Reduced Fee Applications

1A) The applicant enrolled in SSDI or SSI shall submit a "Benefit Verification Letter" from the Social Security Administration showing the individual's name and address and the type of benefits received. The letter must be dated within the last year. A copy of the letter may be obtained onlineon-

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line at https://www.ssa.gov/myaccount/ or by contacting the Social Security Administration. The annual cost of living increase letter mailed to recipients of social security benefits will not be accepted.

2B) Applicants receiving U.S. Railroad Retirement Board Disability benefits shall submit verification of monthly disability benefits.

3C) Applicants receiving Teacher's Retirement System disability benefits or disability retirement annuity or Illinois State Universities Retirement System disability benefits shall submit a copy of the Notification of First Payment or another verification of monthly disability benefits from the applicable Illinois retirement system.

48) Veterans shall provide a copy of their DD214.

fc) Registered qualifying patients seeking to add a designated caregiver after a registry identification card has been issued shall submit a designated caregiver application as specified in Section 946.200 and the applicable fee in Section 946.210(a)a fee of $75. The designated caregiver registry card shall expire on the same day as the registered qualifying patient registry card expiration date.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.230 General Provisions

a) A registry identification card shall not be transferable.

b) A registry identification card issued under this Section is the property of the State of Illinois and shall be surrendered upon demand of the Director or the Director's designee.

c) The qualifying patient and the designated caregiver, if applicable, shall sign and date the application for a registry identification card. If the qualifying patient is under 1618 years of age at the time of application, only the designated caregiver shall be required to sign and date the application for a registry identification card.

d) The Department will require each applicant for a registry identification card to include a signed statement that specifies that the applicant attests that all information submitted as part of the application is true and accurate to the best of

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the applicant's knowledge and, at minimum, certifies that the applicant has actual notice that, notwithstanding any State law:

1) Cannabis is a prohibited Schedule I controlled substance under federal law;

2) Participation in the program is permitted only to the extent provided by the strict requirements of the Act and this Part;

3) Any activity not sanctioned by the Act or this Part may be in violation of State law;

4) Growing, distributing or possessing cannabis in any capacity, except through a federally approved research program, is a violation of federal law;

5) Use of medical cannabis may affect an individual's ability to receive federal or state licensure in other areas;

6) Use of medical cannabis, in tandem with other conduct, may be in violation of State or federal law;

7) Participation in the program does not authorize any person to violate federal or State law and, other than as specified in Section 25 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal or State law; and

8) Applicants shall indemnify, hold harmless, and defend the State of Illinois for any and all civil or criminal penalties resulting from participation in the program; and.

9) Registered qualifying patients under 18 years of age shall be prohibited from consuming forms of cannabis, other than medical cannabis infused products, and from purchasing any usable cannabis. (Section 60(b) of the Act) e) AOnce the qualifying patient who reaches 18 years of age, he or she must submit a full application for a registry identification card as specified in Section 946.200. Qualifying patients who become 18 years of age during the time period in which

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their registry identification card is valid may apply for a registry identification card either immediately or during the normal renewal period. Until a full application is submitted and approved, the registry identification card shall be subject to the conditions applicable to the registered qualifying patient under age 18.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.235 Provisional Access to Licensed Dispensing Organizations

a) A person provided a written certification for a debilitating medical condition who has submitted a valid completed online application to the Department and his or her designated caregiver shall receive a provisional registration and shall be entitled to purchase medical cannabis from a specified licensed dispensing organization for a period of 90 days or until his or her application has been denied or the patienthe or she receives a registry identification card, whichever is earlier. (Section 55(b) of the Act)

b) A person and his or her designated caregiver may obtain an additional provisional registration after the expiration of 90 days if the Department does not provide the individual with a registry identification card or deny the individual's application within those 90 days. The provisional registration may not be extended if the individual does not respond to the Department's request for additional information or corrections to required application documents. (Section 55(b) of the Act)

c) In order for a person or his or her designated caregiver to receive medical cannabis under the provisional registration, a qualifying patient must present his or her provisional registration along with a valid Illinois driver's license or State identification card issued by the Illinois Secretary of State to the licensed dispensing organization specified in his or her application. (Section 55(b) of the Act)

d) After verifying the patient's or his or her designated caregiver's provisional registration, the licensed dispensing organization shall dispense no more than 2.5 ounces of medical cannabis during a 14-day period for a period of 90 days, until the patient's application has been denied, or the patient receives a registry identification card from the Department, whichever comes first.

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e) A patient with a provisional registration must keep his or her provisional registration in his or her possession at all times when transporting or engaging in the use of medical cannabis. A designated caregiver must keep his or her provisional registration in his or her possession at all times when transporting medical cannabis on behalf of the registered qualifying patient.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.240 Persons Receiving Medical Care at U.S. Department of Veterans Affairs Facilities

a) A qualifying patient who is a veteran or spouse of a veteran who has received treatment at a VA hospital is deemed to have a bona-fide health care professionalphysician-patient relationship with a VA certifying health care professionalphysician if the patient has been seen for theirhis or her debilitating condition at the VA health care facility or VA hospital in accordance with VA hospital protocols. (Section 60 of the Act)

b) A veteran or spouse of a veteran receiving care for a debilitating condition at a VA health care facilityhospital shall not be required to submit a written certification from a certifying health care professionalphysician.

c) A veteran or spouse of a veteran receiving care for a debilitating condition at a VA health care facilityhospital shall register with the Department on the Registry Identification Card application (see Section 946.200) and shall comply with all other requirements specified in this Part.

d) To qualify for a patient registry identification card, a qualifying patient who is a veteran or spouse of a veteran and receiving medical care and treatment at a VA health care facilityhospital shall:

1) Be a resident of the State of Illinois, as defined in Section 946.200(c), at the time of application and remain a resident during participation in the program;

2) Have a qualifying medical condition or be diagnosed with a terminal illness;

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3) Provide a copy of one year of theirhis or her official hospital medical records requested from the VA using VA Form 10-5345. The official hospital medical records shall indicate the diagnosis of a qualifying medical condition by a licensed health care professional. Records shall include, but not be limited to, information from the patient's VA health record found at www.myhealth.va.govphysician;

4) Provide a copy of his or her DD214 or equivalent certified document indicating character and dates of service, or if the spouse of a veteran, a copy of the veteran's documents as described; and

5) Be at least 18 years of age.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.250 Disposal of Medical Cannabis by Qualifying Patients

a) A qualifying patient or designated caregiver or Opioid Alternative Pilot Program participant who is no longer registered with the Department or eligible for a registry identification card shall, within 10 calendar days after the patienthe or she ceases to be registered or eligible, return any unused medical cannabis in his or her possession to the dispensing organization where the purchase was made or to the law enforcement agency having local jurisdiction for destruction.

b) A qualifying patient or designated caregiver or Opioid Alternative Pilot Program participant whose registration has been revoked by the Department shall, within 10 days after receiving notice of the revocation, return any unused medical cannabis in his or her possession to the dispensing organization where the purchase was made or to the law enforcement agency having local jurisdiction for destruction.

c) A qualifying patient or designated caregiver or Opioid Alternative Pilot Program participant who is no longer registered with the Department shall not transfer, share, give, sell or deliver any unused medical cannabis in his or her possession to any other person, regardless of whether the person is participating in the Compassionate Use of Medical Cannabis Pilot Program.

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d) A qualifying patient or designated caregiver or Opioid Alternative Pilot Program participant shall not dispose of medical cannabis in any manner other than permitted under this Section.

e) Disposal of medical cannabis pursuant to this Section or in compliance with this Section shall not constitute a violation of the Criminal Code of 2012.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.260 Responsibilities of Designated Caregivers

a) A designated caregiver shall not receive payment or other compensation for services provided as a designated caregiver other than reimbursement for reasonable expenses incurred in the provision of services as a designated caregiver. In the case of an employee of a hospice provider, nursing facility or medical facility, or a visiting nurse, personal care attendant, or home health aide serving as a designated caregiver, the individual shall not receive payment or compensation above or beyond his or her regular wages.

b) A designated caregiver is responsible for notifying the Department within 10 business days after any change to the information that his or her registered qualifying patient was previously required to submit to the Department, or after the designated caregiver discovers that his or her registry identification card has been lost or stolen.

c) A designated caregiver shall carry his or her registry identification card at all times while in possession of medical cannabis.

d) A designated caregiver may:

1) Transport a registered qualifying patient to and from a licensed medical cannabis dispensary;

2) Obtain and transport an adequate supply of medical cannabis from a licensed medical cannabis dispensary on behalf of a registered qualifying patient;

3) Prepare medical cannabis for consumption by a registered qualifying patient;

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4) Administer medical cannabis to a registered qualifying patient; and

5) Registered qualifying patients under 18 years of age shall be prohibited from consuming forms of cannabis other than medical cannabis infused products and are prohibited from purchasing any usable cannabis or paraphernalia used for smoking or vaping medical cannabis. (Section 60(b) of the Act)Purchase only medical cannabis-infused products for use by registered qualifying patients under age 18.

e) A designated caregiver shall not:

1) Consume, by any means, medical cannabis that has been dispensed on behalf of a registered qualifying patient;

2) Sell, provide or otherwise divert medical cannabis that has been dispensed to a registered qualifying patient; or

3) Grow or cultivate medical cannabis on behalf of a registered qualifying patient.

f) The designated caregiver shall notify the Department promptly by phone and in writing within 10 calendar days following the death of the designated caregiver's registered qualifying patient.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.275 Suspension of a Registry Identification Card

a) The Department will, based on the totality of the circumstances, suspend a registered qualifying patient's registry identification card for:

1) Failing to inform the Department of a change of address within 10 days after the change of address occurred;

2) Having a medical cannabis registration disciplined by another U.S. jurisdiction;

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3) Failing to pay a fee or fine associated with the registry identification card, including, but not limited to, an application or renewal fee;

4) Failing, within 3060 days, to provide information in response to a written request made by the Department;

5) Committing unethical or dishonorable conduct, including, but not limited to, engaging in conduct likely to deceive, defraud or harm the public;

6) Being convicted by plea of guilty or nolo contedere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States of either a felony or a misdemeanor or a crime of moral turpitude;

7) Failing to submit to a field sobriety test as required by Section 11-501.1 of the Illinois Vehicle Code, or any discipline on a registered qualifying patient's driver's license as a failure to submit to a field sobriety test as required by the Illinois Vehicle Code. b) In cases in which the Department seeks to permanently suspend a registered qualifying patient's registration identification card, the Department will comply with the Department's Practice and Procedure in Administrative Hearings. c) Following a period of suspension, a qualifying patient may seek reinstatement of his or her registration identification card.

1) The qualifying patient shall have successfully completed the period of suspension, to be determined based on the totality of the circumstances, with no violation of the Act or this Part.

2) The qualifying patient shall complete a reapplication for a registration identification card.

3) The qualifying patient shall submit payment of all fees and fines associated with the registration identification card and suspension.

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4) The qualifying patient shall submit a Petition for Hearing for reinstatement. The burden of proof in all cases instituted by the filing of a Petition for Hearing rests with the petitioner. The petitioner must prove by a preponderance of the evidence that the card should be restored.

d) The Department may use any grounds for suspension of a registration identification card as the basis for revocation of a registration identification card.

e) The suspension or revocation of a registration is a final Agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court. [410 ILCS 130/15]

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.280 Medical Cannabis Obtained from a Medical Cannabis Dispensing Organization

a) A registered qualifying patient or designated caregiver shall obtain medical cannabis only from the medical cannabis dispensing organization designated on his or her registry identification application and shall not:

1) Grow or cultivate medical cannabis, except as specified by Section 10-5(a- 1) of the Cannabis Regulation and Tax Act;

2) Purchase medical cannabis from non-authorized sources; or

3) Obtain medical cannabis from other registered qualifying patients or designated caregivers.

b) Registered qualifying patients under 18 years of age shall be prohibited from consuming forms of cannabis, other than medical cannabis infused products, and purchasing any usable cannabis. (Section 60(b) of the Act)Designated caregivers of registered qualifying patients under 18 years of age may purchase only medical cannabis-infused products from medical cannabis dispensing organizations.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.290 Extension or Renewal of Registry Identification Cards

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NOTICE OF PROPOSED AMENDMENTS a) Medical cannabis registry identification cards may be valid for up to three years. b) Extension. If the qualifying patient or designated caregiver who applied for and received a registry identification card that was approved for less than three yearsa 12-month period before September 12, 2016 seeks to extend thehis or her registry identification card for up to three years from the original effective date, the patient or caregiver shall complete online an extension form no more than 45 days prior to the expiration date of the card. For the purpose of extending the registry identification card, it is not necessary to provide proof of Illinois residency or obtain a writtenphysician certification. A fee is required in accordance with Section 946.210. The qualifying patient or designated caregiver may seek extension of the registry identification card for a period of one year or two years by paying the fee required by Section 946.210. c) Renewal. At the end of every three-year period, no less than 45 days prior to the expiration of a registry identification card, the qualifying patient and designated caregiver, if one is indicated, may apply for a new registry identification card as follows:

1) Renew the registration identification card online or submit by completing theSubmit a completed renewal application for the qualifying patient and designated caregiver, if one is indicated. The application includes, to the Department on the required forms and include:

A) One clear photocopy of a U.S. or State government-issued photo ID, such as a driver's license, as proof of identity;

B) Proof of Illinois residency by meeting the requirements specified in Section 946.200(c). If the address on the Illinois driver's license matches the patient's and caregiver's address, no additional documentation is needed for proof of residency;

C) A signed and dated written certifying health care professional'sphysician's certification meeting the requirements of this Part and dated not more than six months prior to the application renewal date. A qualifying patient who is a veteran or spouse of a veteran and receiving medical care for ahis or her qualifying medical condition at a VA hospital shall submit his or her official VA medical record, as required by Section

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946.240,Medical Record instead of a written physician's certification;

D) At the end of every three-year period, a renewal application may be submitted for a one-, two-, or three-year period from the expiration date of the registry identification card;

E) If the registered qualifying patient does not have a caregiver, but would like to designate one, a caregiver application may be submitted at this time in accordance with the requirements of Section 946.200. The registered qualifying patient may designate up to three caregivers;

2) Designate the medical cannabis dispensing organization where the qualifying patient will receive theirhis or her medical cannabis;

3) Pay the required application fee (see Section 946.210);

4) The renewal application may be for a period of one, two, or three years. Those patients with the designation of a lifelong debilitating medical condition on the health care professional certification will be renewed for three years, with the submission of a $50 fee and proof of Illinois residency (see Section 946.200(c)).

(Source: Amended at 45 Ill. Reg. ______, effective ______)

SUBPART C: PHYSICIAN REQUIREMENTS

Section 946.300 Qualifications of the Certifying Health Care ProfessionalPhysician

a) A certifying health care professionaldoctor of medicine or osteopathy who is currently licensed and in good standing in the State of Illinoishas a current, valid license under the Medical Practice Act of 1987 and has a current valid controlled substances license under Article III of the Illinois Controlled Substances Act may issue a written certification for a qualifying patient if the health care professionalphysician:

1) Has a bona-fide health care professionalphysician-patient relationship with the qualifying patient. The bona-fide health care professionalphysician-

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patient relationship may not be limited to issuing a written certification for the patient or a consultation simply for that purpose.

2) Complies with generally accepted standards of health caremedical practice, the Medical Practice Act of 1987 and applicable State and federal rules specific to health carephysician practice (e.g., HIPAA rules).

3) Has responsibility for the ongoing care and treatment of the qualifying patient's debilitating condition, provided that the ongoing treatment and care shall not be limited to or for the primary purpose of certifying a debilitating medical condition or providing a consultation solely for that purpose.

4) Has completed an in-person full assessment of the patient's medical history and current medical condition, including a personal physical examination, not more than 90 days prior to making the certification for medical cannabis. The assessment of the qualifying patient's current medical condition shall include, but not be limited to, symptoms, signs and diagnostic testing related to the debilitating medical condition.

5) Certifies that the qualifying patient is under the certifying health care professional'sphysician's care, either for the qualifying patient's primary care or for ahis or her debilitating medical condition or symptoms of a debilitating medical condition.

6) Confirms that the patienthe or she completed an assessment for the qualifying patient's medical history, including reviewing medical records from other treating health care professionalsphysicians from the previous 12 months.

7) A reviewing health care professional certification is required for qualifying patients under age 18. b) The certifying health care professionalphysician shall not:

1) Except as provided in subsection (c), accept, solicit, or offer any form of remuneration from or to a qualifying patient, primary caregiver, cultivation center, or dispensing organization, including each principal

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officer, board member, agent, and employee, except for the limited purpose of performing a medical cannabis-related research study;

2) Accept, solicit, or offer any form of remuneration from or to a medical cannabis cultivation center or dispensary organization for the purposes of referring a patient to a specific dispensary organization;

3) Engage in any activity that is prohibited under Section 22.2 of the Medical Practice Act of 1987, regardless of whether the certifying health care professional is a physician, advanced practice registered nurse, or physician assistant;

42) Offer a discount or any other item of value to a qualifying patient who uses or agrees to use a particular primary caregiver or dispensing organization to obtain medical cannabis;

53) Conduct a personal, in person, physical examination of a patient for purposes of diagnosing a debilitating medical condition at a location where medical cannabis is sold or distributed or at the address of a principal officer, agency, or employee or a medical cannabis organization;

64) Hold a direct or indirect economic interest in a cultivation center or dispensing organization if he or she recommends the use of medical cannabis to qualified patients or is in a partnership with a certifying health care professionalphysician who recommends medical cannabis;

75) Serve on the board of directors or as an employee of a cultivation center or dispensing organization;

86) Refer qualifying patients to a cultivation center, a dispensing organization, or an individual who seeks to become a designated caregiver;

97) Advertise in a cultivation center or a dispensing organization. (Section 35 of the Act) c) The certifying health care professionalphysician may accept payment from a qualifying patient for the fee associated with the personal physical examination

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required prior to issuing the written certification for the qualifying patient. (Section 35 of the Act)

d) WrittenPhysician Certification

1) A certifying health care professionalphysician who certifies a debilitating medical condition for a qualifying patient may notify the Department of Public Health in writing:

A) if the certifying health care professionalphysician has reason to believe that the registered qualifying patient has ceased to suffer from a debilitating medical condition;

B) that the bona-fide health care professionalphysician-patient relationship has terminated; or

C) that continued use of medical cannabis would result in contraindication with the patient's other medication.

2) The registered qualifying patient's registry identification card shall be revoked by the Department of Public Health after receiving the certifying health care professional'sphysician's notification. (Section 35 of the Act)

3) The certifying health care professional'sphysician's notification shall be in writing on the physician's letterhead and shall include the full name, date of birth, and reason for revoking the written certification.

4) The certifying health care professionalDepartment shall notify the registered qualifying patient, in writing or electronic notification, that the certifying health care professionalphysician has revoked the written certification and the registry identification card has been revoked.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.310 Health Care ProfessionalPhysician Written Certification for the Medical Cannabis Pilot Program

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NOTICE OF PROPOSED AMENDMENTS a) A certification confirming the patient's debilitating medical condition shall be written on a form provided by the Department or shall be submitted in electronic format and shall include, at minimum, the following:

1) The qualifying patient's name, date of birth, home address and primary telephone number;

2) The certifying health care professional'sphysician's name, address, telephone number, e-mail address, medical license number, indication of specialty or primary area of clinical practice, if any, and active controlled substances license under the Illinois Controlled Substances Act;

3) The length of time the qualifying patient has been under the care of the certifying health care professionalphysician;

4) The qualifying patient's debilitating medical condition;

5) A statement that the certifying health care professionalphysician has confirmed a diagnosis of a debilitating medical condition; is treating or managing treatment of the patient's debilitating condition; has a bona-fide health care professionalphysician-patient relationship; has conducted an in-person physical examination has conducted a review of the patient's medical history, including reviewing medical records from other treating health care professionalsphysicians, if any, from the previous 12 months;

6) The certifying health care professional'sphysician's signature and date of certification; and

7) A statement that a participant in possession of a written certification indicating a debilitating medical condition shall not be considered an unlawful user or addicted to narcotics solely as a result of his or her pending application to or participation in the Compassionate Use of Medical Cannabis Program. (Section 36 of the Act) b) The certifying health care professionalphysician written certification does not constitute a prescription for medical cannabis. c) Applications for qualifying patients under 18 years old shall require a written certification from a certifying health care professionalphysician and a reviewing

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health care professionalphysician. A written certification fromfor a reviewing health care professionalphysician is not required for persons under 18 years old who have been diagnosed with a terminal illness.

d) It is unlawful for any person to knowingly submit a fraudulent certification to be a qualifying patient in the Compassionate Use of Medical Cannabis Pilot Program or a qualifying Opioid Alternative Pilot Program participant. A violation of this subsection shall result in the person who has knowingly submitted the fraudulent certification being permanently banned from participating in the Compassionate Use of Medical Cannabis Pilot Program or the Opioid Alternative Pilot Program. (Section 36 of the Act)

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.315 Waiver for Increasing the Adequate Supply of Medical Cannabis

A patient may apply for a waiver whenwhere a certifying health care professionalphysician provides a substantial medical basis in a signed, written statement asserting that, based on the patient's medical history, in the certifying health care professional'sphysician's professional judgment, 2.5 ounces is an insufficient adequate supply for a 14-day period to properly alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. (Section 10(a)(2) of the Act)

a) The waiver recommendation shall be on a form provided by the Department. The waiver recommendation shall be completed by the certifying health care professionalphysician who issued the writtenphysician certification for the registered qualifying patient. If the waiver recommendation is not completed by the certifying health care professionalphysician who issued the original written certification for the registered qualifying patient, the new certifying health care professionalphysician must complete a written certification that includes an in- person office visit not more than 90 days prior to the date of the waiver recommendation.

b) The waiver shall describe, in the certifying health care professional'sphysician's professional opinion, why 2.5 ounces is an insufficient adequate supply for a 14- day period.

c) The waiver shall describe how the qualifying patient will benefit from an increased supply.

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d) The waiver shall include a statement by the certifying health care professionalphysician indicating the amount of medical cannabis that would be a sufficient supply for the qualifying patient's debilitating medical condition.

e) If the Department approves the waiver, the amount of medical cannabis recommended by the certifying health care professionalphysician shall be noted on the registry identification card.

f) A qualifying patient who is a veteran receiving medical care at a VA health care facility may establish a bona-fide relationship with a non-VA health care professional for the purpose of seeking a waiver to increase the adequate supply of medical cannabis for a 14-day period. The certifying health care professional shall complete a written certification, including an in-person office visit within 90 days prior to the date of the waiver submission. Both the written certification and the waiver submission shall be submitted to the Department, along with the required fee.

gf) The waiver recommendation does not constitute a prescription for medical cannabis.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.320 Records Maintained by the Health Care ProfessionalPhysician and Department

A health care professionalphysician certifying the use of medical cannabis by a qualifying patient shall establish a medical record for the qualifying patient with regard to the patient'shis or her medical condition and his or her continued treatment for the condition or conditions under the health care professional'sphysician's care. The certifying health care professionalphysician shall maintain a record-keeping system for all patients for whom the certifying health care professionalphysician has recommended the use of medical cannabis. These records shall be accessible to and subject to review by the Departments of Public Health and Financial and Professional Regulation upon request. (Section 35 of the Act) These records do not need to be maintained separately from the established records the certifying health care professionalphysician maintains on the patient during the course of the ongoing bona-fide health care professionalphysician-patient relationship.

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NOTICE OF PROPOSED AMENDMENTS a) In addition to records required to be maintained pursuant to the applicable federal and State statutesMedical Practice Act of 1987 and all applicable rules, the records shall accurately reflect the evaluation and treatment of the qualifying patient, and shall include the following as applicable:

1) The patient's name and the date or dates of visits and treatment;

2) The patient's medical history and updated health history;

3) Documented results of a full assessment of the patient's medical history, including review of medical records from other treating health care professionalsphysicians from the previous 12 months;

4) A description of the patient's current medical condition;

5) Documented results of the certifying health care professional'sphysician's physical examination of the patient;

6) A treatment plan;

7) General consent for treatment;

8) Diagnosis and treatment rendered;

9) A list of the drugs prescribed, administered and dispensed, and the quantity of the drugs;

10) Radiographs and diagnostic tests;

11) Patient financial and billing records;

12) The name of the certifying health care professional and anyphysician or assistive personnel providing services; and

13) Laboratory results. b) The records for each qualifying patient for whom the health care professionalphysician has certified medical cannabis usage shall be kept for a

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minimum of three years after the certifying health care professionalphysician last sees the patient.

c) The Department will maintain a confidential record of each certifying health care professionalphysician for the purpose of monitoring compliance with the Act. This confidential record will not be subject to requests under the Freedom of Information Act.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

SUBPART D: CANNABIS-INFUSED PRODUCTS

Section 946.400 Manufacture of Cannabis-Infused Products

a) The Department will conduct, no more than 30 days prior to the start of the manufacturing of cannabis-infused products, a pre-operational inspection at all registered cultivation centers to determine whether the facilities, methods, practices and controls used in the manufacture, processing or holding of cannabis- infused products conform to or are operated or administered in conformity with good manufacturing practices to ensure that products for human consumption are safe and have been prepared, packed and held under sanitary conditions.

1) Registered cultivation centers shall allow the Department to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing cannabis-infused products.

2) The Department will conduct pre-operational inspections of registered cultivation centers with regard to the manufacture and preparation of cannabis-infused products under the authority of the Illinois Food, Drug and Cosmetic Act and the Food Handling Regulation Enforcement Act and the Manufacturing, Processing, Packing or Holding of Food Service Sanitation Code.

3) If a registered cultivation center ceases manufacturing cannabis-infused products for a period of 180 days or more, the Department shall be contacted to request a pre-operational inspection prior to restarting manufacturing operations.

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4) A registered cultivation center shall not manufacture, process, or package cannabis-infused products designed for human consumption at same time and on the same surfaces as products not designated for human consumption. b) A cultivation center that prepares cannabis-infused products for sale or distribution at a dispensing organization shall be under the operational supervision of a certified food protection manager as required in the Food Handling Regulation Enforcement Acta certified food service sanitation manager. (Section 80(a)(6) of the Act) Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code). c) All items shall be individually wrapped or packaged at the original point of preparation. Smaller like items such as hard candies or cookies may be packaged into larger quantities in a single wrapped package.

1) The packaging of the medical cannabis-infused product shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and shall include the following information in English on each product offered for sale or distribution:

A) The name and address of the registered cultivation center where the item was manufactured;

B) The common or usual name of the item;

C) All ingredients of the item, including any colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names;

D) The following phrase: "This product was produced in a medical and adult use cannabis cultivation center, not subject to public health inspection, that may also process common food allergens.";

E) Allergen labeling as specified in the Federal Food, Drug and Cosmetic Act, Federal Fair Packaging and Labeling Act, and the Illinois Food, Drug and Cosmetic Act;

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F) The pre-mixed total weight (in ounces or grams) of usable cannabis in the food product;

G) A warning that the item is a medical cannabis-infused product and not a food must be distinctly and clearly legible on the front of the package;

H) A clearly legible warning emphasizing that the product contains medical cannabis and is intended for consumption by registered qualifying patients only; and

I) Date of manufacture and "use by" date. (Section 80(a) of the Act)

2) Signage may be translated into additional languages as needed.

d) The Department may institute additional labeling requirements for cannabis- infused products, including, but not limited to, measures of potency (see Department of Agriculture rules at 8 Ill. Adm. Code 1000.420(e)(8)(B) and (f)).

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.410 Sale and Distribution of Cannabis-Infused Products

Neither the Department of Public Health nor the Department of Agriculture nor the health department of a unit of local government may regulate the service of medical cannabis-infused food products by a registered cultivation center or registered dispensing organizations provided all of the following conditions are met. (Section 80 of the Act)

a) No cannabis infused products requiring refrigeration or hot-holding or considered "potentially hazardous food" or "time/temperature control for safety food" (TCS) (see Section 4 of the Food Handling Regulation Enforcement Act and Section 750.100 of the Food Code) shall be manufactured at a cultivation center for sale or distribution at a dispensing organization due to the potential for food-borne illness (Section 80(a) of the Act).

b) Baked products infused with medical cannabis (such as brownies, bars, cookies, cakes, breads, pastries), tinctures, and other non-refrigerated items are acceptable for sale at dispensing organizations (Section 80(a) of the Act). The

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products are allowable for sale only at dispensing organizations registered with the Department of Financial and Professional Regulation.

c) All cannabis-infused products offered for sale at registered dispensing organizations shall be labeled in accordance with Section 946.400.

d) Designated caregivers of registered qualifying patients under 18 years of age may purchase only medical cannabis-infused products from registered dispensing organizations.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.420 Preparation of Cannabis-Infused Products

Cannabis-infused products for sale and distribution at a dispensing organization must be prepared by an approved staff member of a registered cultivation center. A cultivation center that prepares cannabis-infused products for sale or distribution at a dispensing organization shall be under the operational supervision of a certified food protection manager as required by the Food Handling Regulation Enforcement Acta certified food service sanitation manager. (Section 80(a) of the Act)

(Source: Amended at 45 Ill. Reg. ______, effective ______)

SUBPART F: OPIOID ALTERNATIVE PILOT PROGRAM

Section 946.600 Registration for the Opioid Alternative Pilot Program

a) The Opioid Alternative Pilot Program shall be limited to participation by Illinois residents age 21 and older.

b) A patient who has been issued a written physician certification in accordance with Section 946.620 and who seeks to use medical cannabis under the Opioid Alternative Pilot Program shall register with the Department online.

c) To qualify for the Opioid Alternative Pilot Program, a patient shall:

1) Be a resident of the State of Illinois, as defined in Section 946.200(c)subsection (d), at the time of application and remain a resident during participation in the program;

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2) Have a signed, written certification meeting the requirements of Section 946.620; and

3) Pay a co-payment of $10 for the initial 90-day registration for the Opioid Alternative Pilot Program and a co-payment of $10 for each subsequent registration period. d) Residency. For purposes of this Part, the patient shall be a resident of the State of Illinois if the individual:

1) Physically resides in the State of Illinois at the time of registration and throughout the enrollment period.

2) Proof of Illinois residency by meeting the requirements specified in Section 946.200(c).Provides proof of Illinois residency by submitting a color copy of a valid, unexpired Illinois Driver's License, Illinois Temporary Visitor Driver's License, or other State identification card issued by the Illinois Secretary of State in the name of the applicant in accordance with the Illinois Identification Card Act and one of the following items:

A) Pay stub or electronic deposit receipt, issued less than 60 days prior to the application date, that shows evidence of the applicant's withholding for State income tax;

B) Valid voter registration card with an address in Illinois;

C) Current military identification card;

D) Bank statement (dated less than 90 days prior to application) or cancelled bank check or deposit slip showing the patient's full name and address, or credit card statement (dated less than 60 days prior to application);

E) Deed/title, mortgage or rental/lease agreement, property tax bill;

F) Insurance policy (current coverage for automobile, homeowner's, health or medical, or renter's);

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G) Medical claim or statement of benefits (from a hospital or health clinic or private insurance company or public (government) agency, dated less than 12 months prior to application);

H) Tuition invoice/official mail from college or university, dated less than the 12 months prior to application;

I) Utility bill, including, but not limited to, those for electric, water, refuse, telephone land-line, cellular phone, cable or gas, issued less than 60 days prior to application; or

J) W-2 form from the most recent tax year.

3) The address on the documentation provided shall match the address on the application. e) To register with the Opioid Alternative Pilot Program, a patient shall submit a completed electronic application to the Department, which shall include, at a minimum, the following items:

1) Written certification for the use of medical cannabis, meeting the requirements of this Part, issued by a certifying health care professionalphysician who meets the requirements set forth in the Act, and the Medical Practice Act of 1987 and dated less than 30 days prior to the registration;

2) Valid, unexpired Illinois Driver's License, Illinois Temporary Visitor Driver's License, or other State identification card issued by the Illinois Secretary of State in the name of the applicant in accordance with the Illinois Identification Card Act;

3) Proof of Illinois residency of the qualifying patient, as specified in Section 946.200(c)subsection (d);

4) Photograph of the patient as follows:

A) Current digital passport-size photograph, taken no more than 30 calendar days before the submission of the application;

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B) Taken against a plain, light-colored background or backdrop;

C) At least 2 inches by 2 inches in size;

D) In natural color; and

E) That provides an unobstructed front view of the full face. A full- faced photograph must be taken without any obstruction of the applicant's facial features or any items covering any portion of the face. Prescription glasses and religious head coverings not covering any areas of the open face will be allowed. Head coverings for persons diagnosed and undergoing treatment for cancer are allowed;

5) Designation of the medical cannabis dispensing organization where the patient will receive his or her medical cannabis. Only one medical cannabis dispensing organization may be selected during each 90-day registration for the Opioid Alternative Pilot Program; and

6) Payment of a registration co-payment of $10 for the initial registration in the Opioid Alternative Pilot Program.

f) An Opioid Alternative Pilot Program participant shall not be registered as a medical cannabis cardholder. (Section 62 of the Act)

g) A patient enrolled in the Opioid Alternative Pilot Program who submits an application to the Department for a medical cannabis registry identification card shall cease to be registered with the Opioid Alternative Pilot Program immediately upon submission of the application and associated fee.

h) Opioid Alternative Pilot Program participants shall notify the Department of changes in the participant's name or address.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.620 Health Care ProfessionalPhysician Certification for Opioid Alternative Pilot Program

ILLINOIS REGISTER 17388 20 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF PROPOSED AMENDMENTS a) A certification confirming the patient's eligibility to participate in the Opioid Alternative Pilot Program shall be written on a form provided by the Department andor submitted electronically and shall include, at minimum, the following:

1) The qualifying patient's name, date of birth, home address and primary telephone number;

2) The certifying health care professional'sphysician's name, address, telephone number, e-mail address, medical license number, and active controlled substances license under the Illinois Controlled Substances Act and an indication of specialty or primary area of clinical practice, if any;

3) The length of time the patient has been under the care of the certifying health care professionalphysician;

4) The patient's diagnosis and a statement identifying the patient has been diagnosed with, and is currently undergoing treatment for, a medical condition for which an opioid has been or could be prescribed (Section 36(d)(5) of the Act);

5) A statement that the certifying health care professionalphysician is treating or managing treatment of the patient's health care; has a bona-fide health care professionalphysician-patient relationship; has conducted an in- person physical examination; and has conducted a review of the patient's medical history, including reviewing medical records from other treating health care professionalsphysicians, if any, from the previous 12 months;

6) The certifying health care professional'sphysician's signature and date of certification. (Section 36 of the Act)

7) A statement that a participant in possession of a written certification indicating eligibility to participate in the Opioid Alternative Pilot Program shall not be considered an unlawful user or addicted to narcotics solely as a result of his or her pending application to, or participation in the Compassionate Use of Medical Cannabis Program. (Section 36 of the Act) b) The certification for confirming the patient's eligibility to participate in the Opioid Alternative Pilot Program does not constitute a prescription for medical cannabis.

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c) The health care professionalphysician certification for the Opioid Alternative Pilot Program shall be valid for 90 days after the date of the certifying health care professional'sphysician's signature.

d) If the certifying health care professionalphysician determines the patient would benefit from continued enrollment in the Opioid Alternative Pilot Program after the conclusion of 90 days, the certifying health care professionalphysician may issue another written certification for the patient after conducting an in-person office visit. The new written certification shall be issued no sooner than 30 days prior to the expiration of the current written certification. The new 90-day period shall begin immediately after the expiration of the current written certification period.

e) It is unlawful for any person to knowingly submit a fraudulent certification to be a qualifying patient in the Compassionate Use of Medical Cannabis Pilot Program or a qualifying Opioid Alternative Pilot Program participant. A violation of this subsection shall result in the person who has knowingly submitted the fraudulent certification being permanently banned from participating in the Compassionate Use of Medical Cannabis Pilot Program or the Opioid Alternative Pilot Program. (Section 36 of the Act)

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 946.625 Persons Receiving Care at U.S. Department of Veterans Affairs Facilities Seeking to Qualify for the Opioid Alternative Pilot Program

a) A veteran or spouse of a veteran receiving care at a VA health care facility, who has a current prescription for an opioid, may apply for the Opioid Alternative Pilot Program by submitting a completed electronic application to the Department.

b) The applicant shall:

1) Be a resident of the State of Illinois, as defined in Section 946.200(c), at the time of application and remain a resident during participation in the program;

2) Submit a photograph of the patient as follows:

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A) Current digital passport-size photograph, taken no more than 30 calendar days before the submission of the application;

B) Taken against a plain, light-colored background or backdrop;

C) At least 2 inches by 2 inches in size;

D) In natural color; and

E) That provides an unobstructed front view of the full face. A full- faced photograph must be taken without any obstruction of the applicant's facial features or any items covering any portion of the face. Prescription glasses and religious head coverings not covering any areas of the open face will be allowed. Head coverings for persons diagnosed and undergoing treatment for cancer are allowed;

5) Pay the registration co-payment of $10 for the initial registration in the Opioid Alternative Pilot Program;

6) Provide a copy of medical records from the patient's VA health record found at www.myhealth.va.gov. The medical records shall include, but not be limited to, the VA Problem List, VA Appointments, and VA Medication History for the most current 12-month period. The VA Medication History must show proof of a current, ongoing prescription for an opioid;

7) Provide a copy of the patient's DD-214 or equivalent certified document indicating character and dates of service or, if the spouse of a veteran, a copy of the veteran's documents; and c) A veteran or the spouse of a veteran enrolled in the Opioid Alternative Pilot Program who submits an application to the Department for a medical cannabis registry identification card shall cease to be registered with the Opioid Alternative Pilot Program immediately upon submission of the application and associated fee. d) Opioid Alternative Pilot Program participants shall notify the Department of changes in the participant's name or address.

ILLINOIS REGISTER 17391 20 DEPARTMENT OF PUBLIC HEALTH

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(Source: Added at 45 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 17392 20 TORTURE INQUIRY AND RELIEF COMMISSION

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Organization, Public Information, Procedures, and Rulemaking

2) Code Citation: 2 Ill. Adm. Code 3500

3) Section Numbers: Proposed Actions: 3500.325 New Section 3500.350 Amendment

4) Statutory Authority: Implementing and authorized by the Illinois Torture Inquiry and Relief Commission Act [775 ILCS 40].

5) A Complete Description of the Subjects and Issues Involved: The amendments expand the Commission's conflict of interest policy and make changes to Convicted Person's Procedural Safeguards and Privileges. This proposed rulemaking is similar to a rulemaking adopted at 44 Ill. Reg. 13427, effective July 29, 2020. That language was removed from the rule because it should have been adopted through this proposed rulemaking, not the required rulemaking process.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking 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 rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: This rulemaking does not create or expand the State mandate as defined in the State Mandates Act [30 ILCS 805].

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking:

Rob Olmstead Illinois Torture Inquiry and Relief Commission 100 West Randolph Street Stuite 10-300

ILLINOIS REGISTER 17393 20 TORTURE INQUIRY AND RELIEF COMMISSION

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Chicago IL 60601

312/814-1094

13) 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

14) Small Business Impact Analysis: This rulemaking has no impact on small businesses.

15) Regulatory Agenda on which this rulemaking was summarized: This rule was not included on either of the 2 most recent agendas because the need for it was unanticipated.

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 17394 20 TORTURE INQUIRY AND RELIEF COMMISSION

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TITLE 2: GOVERNMENTAL ORGANIZATION SUBTITLE E: MISCELLANEOUS STATE AGENCIES CHAPTER LXV: TORTURE INQUIRY AND RELIEF COMMISSION

PART 3500 ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING

SUBPART A: ORGANIZATION

Section 3500.10 Commission Members 3500.20 Chair of the Commission 3500.30 Terms of Members 3500.40 Compensation and Expenses 3500.50 Director 3500.60 Other Staff

SUBPART B: PUBLIC INFORMATION

Section 3500.210 Commission Records

SUBPART C: PROCEDURES

Section 3500.310 Meetings 3500.320 Quorum 3500.325 Conflicts of Interest (Repealed) 3500.330 Claim of Torture 3500.340 Initial Screening of Claim Form 3500.350 Wavier of Convicted Person's Procedural Safeguards and Privileges 3500.360 Informal Inquiry and Summary Dismissal 3500.370 Summary Referral (Repealed) 3500.375 Formal Inquiry 3500.380 Evidentiary Proceedings Before the Commission 3500.385 Decisions 3500.386 Factors Considered in Decisions 3500.390 Notification of Crime Victim 3500.395 Commission Reports to General Assembly and Governor

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SUBPART D: RULEMAKING

Section 3500.410 Adoption of Rules

AUTHORITY: Implementing and authorized by the Illinois Torture Inquiry and Relief Commission Act [775 ILCS 40].

SOURCE: Adopted at 35 Ill. Reg. 15125, effective August 25, 2011; amended at 38 Ill. Reg. 18988, effective September 19, 2014; amended at 41 Ill. Reg. 3941, effective March 17, 2017; amended at 44 Ill. Reg. 13427, effective July 29, 2020; emergency amendment at 44 Ill. Reg. 16543, effective September 25, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. ______, effective ______.

SUBPART C: PROCEDURES

Section 3500.325 Conflicts of Interest (Repealed)

a) A Commissioner shall disqualify himself or herself from an investigation or a proceeding when his or her impartiality might reasonably be questioned, including but not limited to the following instances:

1) The Commissioner has a personal bias or prejudice concerning a party or the party's lawyer;

2) The Commissioner has personal knowledge of disputed evidentiary facts concerning the matter in controversy; "Personal knowledge" does not include facts learned pursuant to official duties as a Commissioner or agent of the Commission. A "disputed evidentiary fact" does not include facts generally known or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned;

3) The Commissioner or staff member served as a lawyer in the matter in controversy, or took actions in the matter in controversy that were covered by the attorney-client privilege and the privilege was held by the claimant or the State;

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4) The Commissioner served as a law enforcement agent investigating the matter in controversy; the duty to recuse does not extend to investigation undertaken as part of official TIRC duties to investigate or adjudicate a TIRC claim;

5) The Commissioner advocated, as an attorney or otherwise, for or against the claimant or the State in the matter in controversy;

6) The Commissioner served as a lawyer for a co-defendant of the claimant in the matter in controversy;

7) The Commissioner could reasonably expect to be called as a material witness in the matter in controversy should an evidentiary hearing be held in any court of competent jurisdiction; the duty to recuse does not extend to knowledge gained as part of official TIRC duties to investigate or adjudicate a TIRC claim;

8) Within the three years before a proceeding is considered before the Commission, the Commissioner was in the private practice of law with a law firm that currently represents or previously represented the claimant in the proceedings before TIRC;

9) The Commissioner has an economic interest in the matter in controversy or the Commissioner knows that the Commissioner's spouse, parent, child, or member of the Commissioner's family residing with the Commissioner has an economic interest in the proceeding, or has anything other than a de minimis interest that could be substantially affected by the proceeding;

10) For purposes of this subsubsection (a)(10), "third degree of relationship" is defined as a great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew or niece. The Commissioner or the Commissioner's spouse, or any person within the third degree of relationship to either of them, is:

A) a party or former party to the proceeding;

B) acting or has acted as a lawyer in the proceeding;

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C) is known to the Commissioner to have more than a de minimis interest in the proceeding that could be substantially affected by the proceeding; or

D) is, to the Commissioner's knowledge, likely to be a material witness in the proceeding.

b) For purposes of subsection (a), the "matter in controversy" includes but is not limited to the investigation of, prosecution of, defense of, or adjudication of the claimant or his or her case in the underlying criminal investigation and court proceedings. It also includes the investigation of, prosecution of, defense of, or adjudication of the claimant or his or her case in any civil lawsuit directly related to the underlying criminal investigation and court proceedings.

c) A Commissioner recusing himself or herself from a proceeding shall notify the Chair or Executive Director expeditiously after a conflict of interest is recognized so that other administrative arrangements may be made.

d) A Commissioner recusing himself or herself from a vote on a proceeding shall publicly announce his or her recusal prior to the vote. If the recusal occurs in closed session, the recusing Commissioner shall publicly announce the recusal at the first public meeting to consider the matter in controversy. An explanation of the reason for the recusal is encouraged but not required.

(Source: Former Section 3500.325 repealed at 44 Ill. Reg. ______; new Section added at 45 Ill. Reg. ______, effective ______)

Section 3500.350 Waiver of Convicted Person's Procedural Safeguards and Privileges

a) If the Director determines that the Claim Form satisfies the requirements of the initial screening, the Director, or his or her designee, will obtain a properly signed and witnessed Waiver Form (see 20 Ill. Adm. Code 2000.Appendix C) from the convicted person before proceeding further.

b) The convicted person must sign a written waiver in which the convicted person waives his or her procedural safeguards and privileges, including but not limited to the right against self-incrimination under the United States Constitution and the Constitution of the State of Illinois, only as those safeguards and privileges pertain to the offense for which the person was convicted and with respect to

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which the person is claiming torture. The convicted person must also agree to cooperate fully with the Commission and agree to provide full disclosure regarding the torture inquiry. The waiver does not apply to matters unrelated to a convicted person's claim of torture. [775 ILCS 40/40(b)] c) The convicted person has the right to advice of counsel before the execution of the waiver and, if a formal inquiry is initiated, throughout the duration of the formal inquiry. If counsel represents the convicted person, the convicted person's counsel must be present at the signing of the waiver. [775 ILCS 40/40] d) If the convicted person is not represented by counsel, the Commission Chair shall determine if the person is indigent and, if so, enter an order providing for the appointment of counsel for the purpose of advising on the waiver and representing the convicted person at any waiver or interview session with the Commissionthroughout the remainder of the proceedings upon the claim. [775 ILCS 40/40] Appointment may be of a volunteer attorney acting in a pro bono capacity or paid for by TIRC. The determination of indigency shall be made by having the convicted person complete and send to the Director an Application for Appointed Counsel Based Upon Indigency contained in 20 Ill. Adm. Code 2000.Appendix G. The Director shall furnish an Application to the convicted person upon request. The Director shall forward a properly completed Application to the Chair for purpose of making the decision regarding indigency. e) Appointment of counsel for the claimant shall be only for the purpose of advising the claimant on any Waiver Forms and representing the claimant during any initial waiver/interview sessions necessary to secure the Waiver Form and initially interview the claimant, as well as for any necessary subsequent communication directly relating to the initial waiver/interview session. However, it is permissible for the appointed counsel to continue, at his or her discretion, to represent the claimant for TIRC and other purposes on an unappointed basis. fe) If the convicted person refuses to sign the Waiver Form, the Director shall recommend to the Commission that the claim of torture be dismissed. The Commission shall vote to accept or reject the Director's recommendation by majority vote of the voting members appointed. At least 4 votes are required to accept a recommendation to dismiss a claim. gf) If the Director determines that the Waiver Form has been properly signed and witnessed, the claim shall proceed to Informal Inquiry under Section 3500.360.

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h) If a claimant is represented by counsel, contact with the claimant by the Commission shall be governed by Illinois Rule of Professional Conduct 4.2 (Rules of the Illinois Supreme Court, Article VIII). If, after a claimant has signed the Waiver Form, it becomes necessary to re-interview an unrepresented, indigent claimant about substantive factual matters or to obtain additional waivers, counsel for an indigent claimant shall again be appointed for that purpose. Additional contact between the unrepresented, indigent claimant and the Commission about clerical or insubstantial matters may be conducted without reappointing counsel.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

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1) Heading of the Part: Child Support Services

2) Code Citation: 89 Ill. Adm. Code 160

3) Section Numbers: Adopted Actions: 160.5 Amendment 160.89 Amendment

4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]

5) Effective Date of Rules: October 14, 2020

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 materials 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: 44 Ill. Reg. 10350; June 19, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: Changes and clarifications were made regarding the use of pronouns and that a custodial parent may enforce any accrued interest through the courts without involvement of the Department.

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 an emergency rule currently in effect? No

14) Are there any other rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The amendment to 89 Ill. Adm. Code 160.5 adds and updates, respectively, definitions of "Custodial Parent" and "Responsible relative" and makes a grammatical correction to the definition of "Support obligation" as used in this Part. The amendment to 89 Ill. Adm. Code 160.89 implements PA 101-336, which provides that the Department may provide, by rule, if, or how, the Department will

ILLINOIS REGISTER 17401 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

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enforce interest in cases in which IV-D (child support program set forth in 42 USC 651 et seq.) services are being provided. This Public Act also provides that interest on child support obligations may be collected by any means available under federal and State law, rules, and regulations providing for the collection of child support (instead of "under State law for the collection of child support judgments").

Specifically, the amendments to subsections (a), (d), and (f) of 89 Ill. Adm. Code 160.89: create a new process by which a non-assistance custodial parent/obligee may request the Department establish and enforce unadjudicated interest; establish request criteria; specify how the Department's certified computer system is used; create a process for the non-assistance custodial parent/obligee to request the Department to calculate and enforce interest on a one time basis; and allow the Department to calculate and enforce interest at any time when support is assigned to the State.

16) Information and questions regarding these adopted rules shall be directed to:

Steffanie Garrett General Counsel Illinois Department of Healthcare and Family Services 201 South Grand Avenue East, 3rd Floor Springfield IL 62763-0002

[email protected]

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 17402 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

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TITLE 89: SOCIAL SERVICES CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES SUBCHAPTER f: COLLECTIONS

PART 160 CHILD SUPPORT SERVICES

SUBPART A: GENERAL PROVISIONS

Section 160.1 Incorporation by Reference 160.5 Definitions 160.10 Child Support Enforcement Program 160.12 Administrative Accountability Process 160.15 Fees for IV-D Non-TANF Cases 160.20 Assignment of Rights to Support 160.25 Recoupment

SUBPART B: COOPERATION WITH CHILD SUPPORT ENFORCEMENT

Section 160.30 Cooperation With Support Enforcement Program 160.35 Good Cause for Failure to Cooperate with Support Enforcement 160.40 Proof of Good Cause For Failure to Cooperate With Support Enforcement 160.45 Suspension of Child Support Enforcement Upon a Claim of Good Cause

SUBPART C: ESTABLISHMENT AND MODIFICATION OF CHILD SUPPORT ORDERS

Section 160.60 Establishment of Support Obligations 160.61 Uncontested and Contested Administrative Paternity and Support Establishment 160.62 Cooperation with Paternity Establishment and Continued Eligibility Demonstration Program (Repealed) 160.64 Compromise of Assigned Obligations 160.65 Modification of Support Obligations

SUBPART D: ENFORCEMENT OF CHILD SUPPORT ORDERS

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Section 160.70 Enforcement of Support Orders 160.71 Credit for Payments Made Directly to the Title IV-D Client 160.75 Withholding of Income to Secure Payment of Support 160.77 Certifying Past-Due Support Information or Failure to Comply with a Subpoena or Warrant to State Licensing Agencies (Repealed) 160.80 Amnesty – 20% Charge (Repealed) 160.85 Diligent Efforts to Serve Process 160.88 State Case Registry 160.89 Interest

SUBPART E: EARMARKING CHILD SUPPORT PAYMENTS Section 160.90 Earmarking Child Support Payments

SUBPART F: DISTRIBUTION OF SUPPORT COLLECTIONS

Section 160.95 State Disbursement Unit 160.100 Distribution of Child Support for TANF Recipients 160.110 Distribution of Child Support for Former AFDC or TANF Recipients Who Continue to Receive Child Support Services 160.120 Distribution of Child Support Collected While the Client Was an AFDC or TANF Recipient, But Not Yet Distributed at the Time the AFDC or TANF Case Is Cancelled 160.130 Distribution of Intercepted Federal Income Tax Refunds 160.132 Distribution of Child Support for Non-TANF Clients 160.134 Distribution of Child Support for Intergovernmental Cases 160.136 Distribution of Support Collected in IV-E Foster Care Maintenance Cases 160.138 Distribution of Child Support for Medical Assistance No Grant Cases

SUBPART G: STATEMENT OF CHILD SUPPORT ACCOUNT ACTIVITY

Section 160.140 Quarterly Notice of Child Support Account Activity

SUBPART H: DEPARTMENT REVIEW OF DISTRIBUTION OF CHILD SUPPORT

Section

ILLINOIS REGISTER 17404 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS

160.150 Department Review of Distribution of Child Support for TANF Recipients 160.160 Department Review of Distribution of Child Support for Former AFDC or TANF Recipients

SUBPART I: INTERGOVERNMENTAL IV-D CASES

Section 160.200 Provision of Services in Intergovernmental IV-D Cases

AUTHORITY: Implementing and authorized by Sections 4-1.7, Art. X, 12-4.3, and 12-13 of the Illinois Public Aid Code [305 ILCS 5].

SOURCE: Recodified from 89 Ill. Adm. Code 112.78 through 112.86 and 112.88 at 10 Ill. Reg. 11928; amended at 10 Ill. Reg. 19990, effective November 14, 1986; emergency amendment at 11 Ill. Reg. 4800, effective March 5, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 9129, effective April 30, 1987; amended at 11 Ill. Reg. 15208, effective August 31, 1987; emergency amendment at 11 Ill. Reg. 1563, effective December 31, 1987, for a maximum of 150 days; amended at 12 Ill. Reg. 9065, effective May 16, 1988; amended at 12 Ill. Reg. 18185, effective November 4, 1988; emergency amendment at 12 Ill. Reg. 20835, effective December 2, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 22278, effective January 1, 1989; amended at 13 Ill. Reg. 4268, effective March 21, 1989; amended at 13 Ill. Reg. 7761, effective May 22, 1989; amended at 13 Ill. Reg. 14385, effective September 1, 1989; amended at 13 Ill. Reg. 16768, effective October 12, 1989; amended at 14 Ill. Reg. 18759, effective November 9, 1990; amended at 15 Ill. Reg. 1034, effective January 21, 1991; amended at 16 Ill. Reg. 1852, effective January 20, 1992; amended at 16 Ill. Reg. 9997, effective June 15, 1992; amended at 17 Ill. Reg. 2272, effective February 11, 1993; amended at 17 Ill. Reg. 18844, effective October 18, 1993; amended at 18 Ill. Reg. 697, effective January 10, 1994; amended at 18 Ill. Reg. 12052, effective July 25, 1994; amended at 18 Ill. Reg. 15083, effective September 23, 1994; amended at 18 Ill. Reg. 17886, effective November 30, 1994; amended at 19 Ill. Reg. 1314, effective January 30, 1995; amended at 19 Ill. Reg. 8298, effective June 15, 1995; amended at 19 Ill. Reg. 12675, effective August 31, 1995; emergency amendment at 19 Ill. Reg. 15492, effective October 30, 1995, for a maximum of 150 days; amended at 20 Ill. Reg. 1195, effective January 5, 1996; amended at 20 Ill. Reg. 5659, effective March 28, 1996; emergency amendment at 20 Ill. Reg. 14002, effective October 15, 1996, for a maximum of 150 days; amended at 21 Ill. Reg. 1189, effective January 10, 1997; amended at 21 Ill. Reg. 3922, effective March 13, 1997; emergency amendment at 21 Ill. Reg. 8594, effective July 1, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 9220, effective July 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 12197, effective August 22, 1997; amended at 21 Ill. Reg. 16050, effective November 26, 1997; amended at 22 Ill. Reg. 14895, effective August 1, 1998;

ILLINOIS REGISTER 17405 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS emergency amendment at 22 Ill. Reg. 17046, effective September 10, 1998, for a maximum of 150 days; amended at 23 Ill. Reg. 2313, effective January 22, 1999; emergency amendment at 23 Ill. Reg. 11715, effective September 1, 1999, for a maximum of 150 days; emergency amendment at 23 Ill. Reg. 12737, effective October 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 14560, effective December 1, 1999; amended at 24 Ill. Reg. 2380, effective January 27, 2000; amended at 24 Ill. Reg. 3808, effective February 25, 2000; emergency amendment at 26 Ill. Reg. 11092, effective July 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 17822, effective November 27, 2002; amended at 27 Ill. Reg. 4732, effective February 25, 2003; amended at 27 Ill. Reg. 7842, effective May 1, 2003; emergency amendment at 27 Ill. Reg. 12139, effective July 11, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 18891, effective November 26, 2003; amended at 28 Ill. Reg. 4712, effective March 1, 2004; emergency amendment at 28 Ill. Reg. 10225, effective July 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 15591, effective November 24, 2004; emergency amendment at 29 Ill. Reg. 2743, effective February 7, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 10211, effective June 30, 2005; amended at 29 Ill. Reg. 14995, effective September 30, 2005; emergency amendment at 30 Ill. Reg. 5426, effective March 1, 2006, for a maximum of 150 days; amended at 30 Ill. Reg. 8897, effective May 1, 2006; amended at 30 Ill. Reg. 13393, effective July 28, 2006; amended at 31 Ill. Reg. 12771, effective August 27, 2007; emergency amendment at 32 Ill. Reg. 543, effective January 1, 2008, for a maximum of 150 days; amended at 32 Ill. Reg. 6511, effective March 31, 2008; amended at 32 Ill. Reg. 16805, effective October 6, 2008; amended at 33 Ill. Reg. 591, effective January 5, 2009; amended at 33 Ill. Reg. 9077, effective June 15, 2009; amended at 33 Ill. Reg. 12732, effective September 7, 2009; amended at 34 Ill. Reg. 6809, effective May 1, 2010; amended at 34 Ill. Reg. 15406, effective September 27, 2010; amended at 35 Ill. Reg. 2043, effective January 21, 2011; amended at 35 Ill. Reg. 4513, effective March 1, 2011; amended at 36 Ill. Reg. 1531, effective January 23, 2012; amended at 36 Ill. Reg. 9140, effective June 11, 2012; amended at 37 Ill. Reg. 8017, effective May 28, 2013; amended at 38 Ill. Reg. 4392, effective January 29, 2014; amended at 38 Ill. Reg. 6028, effective February 26, 2014; amended at 41 Ill. Reg. 3338, effective March 7, 2017; amended at 44 Ill. Reg. 6277, effective April 13, 2020; amended at 44 Ill. Reg. 17400, effective October 14, 2020.

SUBPART A: GENERAL PROVISIONS

Section 160.5 Definitions

"Application for IV-D Servicesservices" refers to an application for child support enforcement services that is a signed, written request completed in accordance with the Department's requirements for a IV-D case as defined in Section

ILLINOIS REGISTER 17406 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS

160.10(a)(9). An electronic signature is created when a web application is submitted and received via the internet.

"Assignment of Medical SupportSupport" refers to the transfer of support rights to the Department by the acceptance of Medicaid benefits under 42 USC 1396k and Section 10-1 of the Illinois Public Aid Code [305 ILCS 5/10-1].

"Assignment of Supportsupport" refers to the transfer of support rights to the Department by the acceptance of TANF benefits, pursuant to 42 USC 608(a)(3) and Section 10-1 of the Illinois Public Aid Code [305 ILCS 5/10-1] or the Department of Children and Family Services (DCFS), in the case of IV-E foster care, pursuant to 42 USC 671(a)(17) and Section 9.1 of the Children and Family Services Act [20 ILCS 505/9.1].

"Assistance Standard" shall have the meaning ascribed to it in 89 Ill. Adm. Code 111.

"Cancellation" refers to the discontinuance of TANF financial and medical benefits for an assistance unit because of the failure to satisfy the conditions of eligibility under the Title IV-A State Plan.

"Central Authority" means the agency designated by a government to facilitate support enforcement with a foreign reciprocating country pursuant to section 459A of the Social Security Act (42 USC 659a).

"Child" refers to any child under the age of 18 years and any child under the age of 19 years who is still attending high school (see Section 505 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5/505]).

"Child Support Enforcement Servicessupport enforcement services" refers to those services provided to establish, enforce and collect support, in accordance with an approved State Plan under Title IV-D of the Social Security Act (42 USC 654).

"Country" means a foreign country (or a political subdivision of a foreign country) declared to be a foreign reciprocating country pursuant to section 459A of the Social Security Act (42 USC 659a) and any foreign country (or political subdivision) with which the State of Illinois has entered into a reciprocal arrangement for the establishment and enforcement of support obligations to the

ILLINOIS REGISTER 17407 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS extent consistent with federal law (section 459A(d) of the Social Security Act).

"Custodial Parent" refers to a person who is receiving, or is entitled to receive, under the law, support for a minor dependent (child) and is meant to incorporate and be used interchangeably with all similar terms, used in any statute or rule, referring to a person who is receiving, or is entitled to receive, under the law, support for a minor dependent (child), including the terms "CP", "payee", "obligee", or "parent".

"Date of Collection" for distribution purposes in all cases refers to the date on which a collection is received by the Department as a result of withholding of an amount by the Department of Employment Security from a responsible relative's unemployment insurance benefits (UIB) to meet a support obligation; a collection as a result of intercept of a federal income tax refund is received by the Department: or in all other instances, a support payment is received by the State Disbursement Unit (SDU) except that, if current support is withheld by an employer in the month when due and received by the SDU in the month following the month when due, the date of withholding may be deemed to be the date of collection.

"Department" means the Illinois Department of Healthcare and Family Services.

"IV-D Account Receivableaccount receivable" or "Support Accountsupport account" refers to a part of the accounting system in KIDS used to record charges, payments, and account adjustments for a particular account. More than one account may exist for a given caretaker relative and for a given responsible relative. For example, a mother with two children by one father from one marriage, and three children by a second father from another marriage, will have two support accounts if there are two separate support obligations. If children are born in a non-marital relationship, there will be one account per child.

"IV-D Programprogram" or "IV-D" refers to the child support program set forth in 42 USC 651 et seq. and this Part.

"IV-E Foster Carefoster care" or "IV-E" refers to the foster care program set forth in 42 USC 670 et seq.

"Initial Receiptreceipt in the State" for disbursement purposes in all cases refers to the date on which the Department of Employment Security withholds an amount

ILLINOIS REGISTER 17408 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS from a responsible relative's unemployment insurance benefits (UIB) to meet a support obligation, when there is a withholding of UIB, a collection as a result of intercept of a federal income tax refund is received by the Department, or in all other instances, a support payment is received by the State Disbursement Unit.

"Intergovernmental IV-D Casecase" refers to a IV-D case in which the responsible relative lives and/or works in a different jurisdiction than the custodial parent and children that has been referred by an initiating agency to a responding agency for services. An intergovernmental case may include any combination of referrals between states, tribes and countries. An intergovernmental IV-D case also may include cases in which a state agency is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

"Interstate IV-D Casecase" refers to a IV-D case in which the responsible relative lives and/or works in a different state than the custodial parent and children that has been referred by an initiating state to a responding state for services. An interstate IV-D case also may include cases in which a state is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

"Key Information Delivery System" or "KIDS" refers to the data processing system used to process all IV-D cases in Illinois.

"MANG" refers to Medical Assistance No Grant under the Medicaid Program, Title XIX of the Social Security Act (42 USC 1396k), that is medical assistance to families and individuals wherein no cash payment is made.

"Responsible Relativerelative" refers to a person who is responsible, or alleged to be responsible, under the law, for support of a minor dependent (child) and is meant to incorporate and be used interchangeably with all similar terms, used in any statute, referring to a person who is responsible, or alleged to be responsible, under the law, for support of a minor dependent (child), including the terms "non- custodial parent", "NCP", "obligor", "payor" or "parent"term "supporting parent". "Supporting parent" is a term used in the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5/505].

"Support Casecase" refers to a case established in the KIDS for the purpose of providing establishment, enforcement and collection services to dependent children and their custodial parent, in accordance with the provisions of Title IV-D of the Social Security Act (42 USC 654).

ILLINOIS REGISTER 17409 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS

"Support Obligationobligation" refers to the duty a non-custodial relative owes to his or her dependents, as set forth in a legally valid court or administrative order.

"TANF" refers to Temporary Assistance for Needy Families, Title IV-A of the Social Security Act (42 USC 601 et seq.) that is financial and medical assistance available to families with one or more children or on behalf of children in foster care under the guardianship of the Department of Children and Family Services.

"TANF MANG" refers to Medical Assistance No Grant cases in which medical assistance only is available to families with one or more children.

"TANF MANG Recipientrecipient" refers to a member of a family with one or more children receiving medical assistance only in the current month.

"TANF Recipientrecipient" refers to a person who is receiving financial and medical assistance under the TANF program in the current month.

"Two Business Daysbusiness days", for purposes of disbursement of support payments under Subpart F of this Part, shall have the meaning and be qualified in the same manner as in Section 454B of the Social Security Act (42 USC 654b).

"Unreimbursed Formerformer AFDC or TANF" refers to the total amount of financial assistance provided to a family unit, in accordance with Title IV-A of the Social Security Act (42 USC 601 et seq.) for which the State and federalFederal governments have not been reimbursed. The State and federalFederal governments are limited in the amount of support payments they may retain for "unreimbursed former AFDC or TANF", in accordance with the provisions set forth in Sections 160.100, 160.110 and 160.130 of this Part. The "amount of unreimbursed assistance accrued prior to the former AFDC or TANF cancellation", reported in the Department's "Statements of Child Support Account Activity for Former Recipients" (see Section 160.140), is thethat limited amount which the Department is entitled to retain.

(Source: Amended at 44 Ill. Reg. 17400, effective October 14, 2020)

SUBPART D: ENFORCEMENT OF CHILD SUPPORT ORDERS

Section 160.89 Interest

ILLINOIS REGISTER 17410 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS

a) Interest Established and Enforced with the Assistance of the Department

1) Unadjudicated Interest

A) Unadjudicated interest is interest that has not been reduced to a judgment by a court for judicial cases or the Department for administrative cases. A non-assistance custodial parent is an individual who completes an application for IV-D services (see Sections 160.5 and 160.10).

B) Effective January 1, 2021, the Department will provide a custodial parent, on a one-time basis, the opportunity to establish unadjudicated interest through the Department. The Department will accept one-time written requests from a custodial parent for both judicial cases and administrative cases. The Department will establish unadjudicated interest when the custodial parent makes a written request and meets all of the following criteria:

i) The emancipation of the youngest child on the case for which the custodial parent is requesting interest;

ii) The principal balance for current support is $0.00 on the case for which the custodial parent is requesting interest;

iii) The minimum amount of interest due to the custodial parent on that case is $500; and

iv) The written request must be received by the Department within one year after meeting the criteria of this subsection (a)(1)(B) or, if applying for IV-D services, after the emancipation of the child, within one year after applying for IV-D services, provided that they meet the required criteria.

C) Effective January 1, 2021, interest on cases meeting the criteria of subsection (a)(1)(B) shall be calculated prospectively from the last judgment entered and contained in the Department's certified computer system or, if no judgment was entered, from the charges

ILLINOIS REGISTER 17411 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS

and payments, or balances, reflected and contained in the Department's certified computer system.

2) Adjudicated Interest. Effective January 1, 2021, the Department will enforce adjudicated interest orders obtained by the custodial parent, non- custodial parent or either the custodial parent's or the non-custodial parent's attorney.

3) As part of an arrearage establishment process under this Section, theThe Department shall calculate interest on child support judgments, including judgments arising by operation of law from child support orders, by applying one-twelfth of the current statutory interest rate as provided in Section 2-1303 of the Code of Civil Procedure [735 ILCS 5] to the unpaid child support balance as of the end of each calendar month. The unpaid child support balance at the end of the month is the total amount of child support ordered, excluding the child support that was due for that month to the extent that it was not paid in that month and including judgments for retroactive child support, less all payments received and applied as set forth in this Section. Effective January 1, 2021, the total unpaid child support balance shall be maintained and reflected in the Department's certified computer system. This balance shall be presumed to be correct and shall be the basis for the calculation of interest provided for in this Section. If an individual wishes to challenge this presumption, the individual must prove, to the appropriate tribunal (judicial for judicial cases and administrative for administrative cases), that the balance is incorrect by a preponderance of the evidence. b) The accrued interest shall not be included in the unpaid child support balance when calculating interest at the end of the month. c) The unpaid child support balance as of the end of each month shall be determined by calculating the current monthly child support obligation and applying all payments received for that month, except federal income tax refund intercepts, first to the current monthly child support obligation and then applying any payments in excess of the current monthly child support obligation to the unpaid child support balance owed from previous months. The current monthly child support obligation shall be determined from the document that established the support obligation.

ILLINOIS REGISTER 17412 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS d) Federal income tax refund intercepts and any payments in excess of the current monthly child support obligation shall be applied to the unpaid child support balance. Interest on child support obligations may be collected by any means available under federal and State laws, rules and regulations providing for the collection of child support. Effective January 1, 2021, anyAny payments in excess of the current monthly child support obligation and the unpaid child support balance shall be applied to the adjudicated accrued interest on the unpaid child support balance entered by the court for judicial cases or the accrued interest entered by the Department for administrative cases. Interest on child support obligations may be collected by any means available under federal and State laws, rules and regulations providing for the collection of child support. e) The provisions of this Section shall also apply to calculation of interest on maintenance and unallocated maintenance and child support judgments arising by operation of law from maintenance and unallocated maintenance and child support orders. f) Effective January 1, 2021, for non-assistance cases meeting the criteria in this Section, the custodial parent may request that the Department calculate and enforce interest during the arrearage establishment process. If no such request is made, or if the request is not made within the time period required by this Section, the custodial parent, through the courts, may enforce any accrued interest, without the involvement of the Department. If the custodial parent requests interest after the emancipation of the youngest child and after the principal balance for current support is zero, but does not meet the remainder of the criteria provided for in this Section, the Department will not calculate interest, but instead may provide the custodial parent with a copy of the Department's interest finding and a cover letter explaining the Department's policy regarding interest and informing the custodial parent of the option to seek legal advice. In cases in which there is an assignment of support to the State, the Department may calculate and enforce interest.The Department shall provide the obligee a one-time written notice advising the obligee that he or she must notify the Department in writing within 60 days after the date of the notice that he or she wishes to have the Department compute any interest that accrues on a specific docket in his or her case between May 1, 1987 and December 31, 2005. The notice shall further explain that, if the obligee fails to notify the Department within the 60 day period:

1) the Department shall have no further duty to enforce and collect interest accrued on support obligations established under the Illinois Public Aid

ILLINOIS REGISTER 17413 20 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF ADOPTED AMENDMENTS

Code or any other law that are owed to the obligee prior to January 1, 2006; and

2) any interest due on that docket prior to January 1, 2006 may be pursued by the obligee through a court action but not through the Department's IV-D division.

(Source: Amended at 44 Ill. Reg. 17400, effective October 14, 2020)

ILLINOIS REGISTER 17414 20 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Income Tax

2) Code Citation: 86 Ill. Adm. Code 100

3) Section Number: Adopted Action: 100.7390 New Section

4) Statutory Authority: 35 ILCS 5/704A(i)

5) Effective Date of Rule: October 13, 2020

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 in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 4544; March 20, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: The only changes made were the ones agreed upon with JCAR. Only grammatical and technical changes were made. No substantive changes were made.

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, emergency rule expired prior to effective date of rule.

14) Are there any rulemakings pending on this Part? Yes

Section Numbers: Proposed Actions: Illinois Register Citations: 100.3220 Amendment 44 Ill. Reg. 11132; July 6, 2020 100.3370 Amendment 44 Ill. Reg. 11132; July 6, 2020 100.7030 Amendment 44 Ill. Reg. 11132; July 6, 2020 100.7036 New Section 44 Ill. Reg. 11132; July 6, 2020

ILLINOIS REGISTER 17415 20 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENT

15) Summary and Purpose of Rulemaking: This rulemaking implements the new minimum wage credit found in Section 704A(i) of the Illinois Income Tax Act, 35 ILCS 5/704A(i), created by PA 101-1. For reporting periods beginning on or after January 1, 2020, taxpayers may claim a withholding credit based on the increased wages paid to employees, attributable to the new minimum wage which took effect on January 1, 2020. The credit is reduced every year until it expires for reporting periods beginning on January 1, 2028. The rulemaking provides guidance on how the credit shall be calculated and claimed.

16) Information and questions regarding this adopted rule shall be directed to:

Michael D. Mankowski Legal Services Office Illinois Department of Revenue 101 West Jefferson Springfield IL 62794

217/782-2844

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 17416 20 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENT

TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE

PART 100 INCOME TAX

SUBPART A: TAX IMPOSED

Section 100.2000 Introduction 100.2050 Net Income (IITA Section 202) 100.2055 Standard Exemption (IITA Section 204) 100.2060 Compassionate Use of Medical Cannabis Pilot Program Act Surcharge (IITA Section 201(o))

SUBPART B: CREDITS

Section 100.2100 Replacement Tax Investment Credit Prior to January 1, 1994 (IITA Section 201(e)) 100.2101 Replacement Tax Investment Credit (IITA 201(e)) 100.2110 Investment Credit; Enterprise Zone and River Edge Redevelopment Zone (IITA Section 201(f)) 100.2120 Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone or Sub-Zone and River Edge Redevelopment Zone (IITA Section 201(g)) 100.2130 Investment Credit; High Impact Business (IITA 201(h)) 100.2140 Credit Against Income Tax for Replacement Tax (IITA 201(i)) 100.2150 Training Expense Credit (IITA 201(j)) 100.2160 Research and Development Credit (IITA Section 201(k)) 100.2163 Environmental Remediation Credit (IITA 201(l)) 100.2165 Education Expense Credit (IITA 201(m)) 100.2170 Tax Credits for Coal Research and Coal Utilization Equipment (IITA 206) 100.2171 Angel Investment Credit (IITA 220) 100.2175 Invest in Kids Credit (IITA 224) 100.2180 Credit for Residential Real Property Taxes (IITA 208) 100.2181 Credit for Instructional Materials and Supplies (IITA) Section 225) 100.2185 Film Production Services Credit (IITA Section 213) 100.2190 Tax Credit for Affordable Housing Donations (IITA Section 214) 100.2193 Student-Assistance Contributions Credit (IITA 218)

ILLINOIS REGISTER 17417 20 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENT

100.2195 Dependent Care Assistance Program Tax Credit (IITA 210) 100.2196 Employee Child Care Assistance Program Tax Credit (IITA Section 210.5) 100.2197 Foreign Tax Credit (IITA Section 601(b)(3)) 100.2198 Economic Development for a Growing Economy Credit (IITA 211) 100.2199 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 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 100.2210 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 100.2220 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 100.2230 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 100.2240 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 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) − 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 Illinois Net Loss Deduction for Losses Occurring On or After December 31, 1986 (IITA 207) 100.2310 Computation of the Illinois Net Loss Deduction for Losses Occurring On or After December 31, 1986 (IITA 207)

ILLINOIS REGISTER 17418 20 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENT

100.2320 Determination of the Amount of Illinois Net Loss for Losses Occurring On or After December 31, 1986 100.2330 Illinois Net Loss Carrybacks and Net Loss Carryovers for Losses Occurring On or After December 31, 1986 (IITA Section 207) 100.2340 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 100.2350 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 100.2360 Illinois Net Losses and Illinois Net Loss Deductions for Losses of Cooperatives Occurring On or After December 31, 1986 (IITA Section 203(e)(2)(F))

SUBPART E: ADDITIONS TO AND SUBTRACTIONS FROM TAXABLE INCOME OF INDIVIDUALS, CORPORATIONS, TRUSTS AND ESTATES AND PARTNERSHIPS

Section 100.2405 Gross Income, Adjusted Gross Income, Taxable Income and Base Income Defined; Double Deductions Prohibited; Legislative Intention (IITA Section 203(e), (g) and (h)) 100.2410 Net Operating Loss Carryovers for Individuals, and Capital Loss and Other Carryovers for All Taxpayers (IITA Section 203) 100.2430 Addition and Subtraction Modifications for Transactions with 80/20 and Noncombination Rule Companies 100.2435 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)) 100.2450 IIT Refunds (IITA Section 203(a)(2)(H), (b)(2)(F), (c)(2)(J) and (d)(2)(F)) 100.2455 Subtraction Modification: Federally Disallowed Deductions (IITA Sections 203(a)(2)(M), 203(b)(2)(I), 203(c)(2)(L) and 203(d)(2)(J)) 100.2465 Claim of Right Repayments (IITA Section 203(a)(2)(P), (b)(2)(Q), (c)(2)(P) and (d)(2)(M)) 100.2470 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)) 100.2480 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)) 100.2490 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))

ILLINOIS REGISTER 17419 20 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENT

SUBPART F: BASE INCOME OF INDIVIDUALS

Section 100.2510 Subtraction for Contributions to Illinois Qualified Tuition Programs (Section 529 Plans) (IITA Section 203(a)(2)(Y) 100.2565 Subtraction for Recovery of Itemized Deductions (IITA Section 203(a)(2)(I)) 100.2580 Medical Care Savings Accounts (IITA Sections 203(a)(2)(D-5), 203(a)(2)(S) and 203(a)(2)(T)) 100.2590 Taxation of Certain Employees of Railroads, Motor Carriers, Air Carriers and Water Carriers

SUBPART G: BASE INCOME OF CORPORATIONS

Section 100.2655 Subtraction Modification for Enterprise Zone and River Edge Redevelopment Zone Interest (IITA Section 203(b)(2)(M)) 100.2657 Subtraction Modification for High Impact Business Interest (IITA Section 203(b)(2)(M-1)) 100.2665 Subtraction for Payments to an Attorney-in-Fact (IITA Section 203(b)(2)(R)) 100.2668 Subtraction for Dividends from Controlled Foreign Corporations (IITA Section 203(b)(2)(Z))

SUBPART H: BASE INCOME OF TRUSTS AND ESTATES

Section 100.2770 Subtraction for Recovery of Itemized Deductions of a Decedent (IITA Section 203(c)(2)(W)) 100.2775 Subtraction for Refunds of Taxes Paid to Other States for Which a Credit Was Claimed (IITA Section 203(c)(2)(X))

SUBPART I: BASE INCOME OF PARTNERSHIPS

Section 100.2850 Subtraction Modification for Personal Service Income or Reasonable Allowance for Compensation to Partners (IITA Section 203(d)(2)(H))

SUBPART J: GENERAL RULES OF ALLOCATION AND APPORTIONMENT OF BASE INCOME

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NOTICE OF ADOPTED AMENDMENT

Section 100.3000 Terms Used in Article 3 (IITA Section 301) 100.3010 Business and Nonbusiness Income (IITA Section 301) 100.3015 Business Income Election (IITA Section 1501) 100.3020 Resident (IITA Section 301)

SUBPART K: COMPENSATION

Section 100.3100 Compensation (IITA Section 302) 100.3110 State (IITA Section 302) 100.3120 Allocation of Compensation Paid to Nonresidents (IITA Section 302)

SUBPART L: NON-BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS

Section 100.3200 Taxability in Other State (IITA Section 303) 100.3210 Commercial Domicile (IITA Section 303) 100.3220 Allocation of Certain Items of Nonbusiness Income by Persons Other Than Residents (IITA Section 303)

SUBPART M: BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS

Section 100.3300 Allocation and Apportionment of Base Income (IITA Section 304) 100.3310 Business Income of Persons Other Than Residents (IITA Section 304) − In General 100.3320 Business Income of Persons Other Than Residents (IITA Section 304) − Apportionment (Repealed) 100.3330 Business Income of Persons Other Than Residents (IITA Section 304) − Allocation 100.3340 Business Income of Persons Other Than Residents (IITA Section 304) 100.3350 Property Factor (IITA Section 304) 100.3360 Payroll Factor (IITA Section 304) 100.3370 Sales Factor (IITA Section 304) 100.3371 Sales Factor for Telecommunications Services 100.3373 Sales Factor for Publishing 100.3380 Special Rules (IITA Section 304) 100.3390 Petitions for Alternative Allocation or Apportionment (IITA Section 304(f))

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100.3400 Apportionment of Business Income of Financial Organizations for Taxable Years Ending Prior to December 31, 2008 (IITA Section 304(c)) 100.3405 Apportionment of Business Income of Financial Organizations for Taxable Years Ending on or after December 31, 2008 (IITA Section 304(c)) 100.3420 Apportionment of Business Income of Insurance Companies (IITA Section 304(b)) 100.3450 Apportionment of Business Income of Transportation Companies (IITA Section 304(d)) 100.3500 Allocation and Apportionment of Base Income by Nonresident Partners 100.3600 Combined Apportionment for Taxpayers Using Different Apportionment Formulas (IITA Section 1501(a)(27))

SUBPART N: ACCOUNTING

Section 100.4500 Carryovers of Tax Attributes (IITA Section 405)

SUBPART O: TIME AND PLACE FOR FILING RETURNS

Section 100.5000 Time for Filing Returns (IITA Section 505) 100.5010 Place for Filing Returns: All Taxpayers (IITA Section 505) 100.5020 Extensions of Time for Filing Returns: All Taxpayers (IITA Section 505) 100.5030 Taxpayer's Notification to the Department of Certain Federal Changes Arising in Federal Consolidated Return Years, and Arising in Certain Loss Carryback Years (IITA Section 506) 100.5040 Innocent Spouses 100.5050 Frivolous Returns 100.5060 Reportable Transactions (IITA Section 501(b)) 100.5070 List of Investors in Potentially Abusive Tax Shelters and Reportable Transactions 100.5080 Registration of Tax Shelters (IITA Section 1405.5)

SUBPART P: COMPOSITE RETURNS

Section 100.5100 Composite Returns: Eligibility (IITA Section 502(f)) 100.5110 Composite Returns: Responsibilities of Authorized Agent 100.5120 Composite Returns: Individual Liability 100.5130 Composite Returns: Required forms and computation of Income (IITA Section

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502(f)) 100.5140 Composite Returns: Estimated Payments 100.5150 Composite Returns: Tax, Penalties and Interest 100.5160 Composite Returns: Credits on Separate Returns 100.5170 Composite Returns: Definition of a "Lloyd's Plan of Operation" 100.5180 Composite Returns: Overpayments and Underpayments

SUBPART Q: COMBINED RETURNS

Section 100.5200 Filing of Combined Returns 100.5201 Definitions and Miscellaneous Provisions Relating to Combined Returns 100.5205 Election to File a Combined Return 100.5210 Procedures for Elective and Mandatory Filing of Combined Returns 100.5215 Filing of Separate Unitary Returns (IITA Section 304(e)) 100.5220 Designated Agent for the Members (IITA Section 304(e)) 100.5230 Combined Estimated Tax Payments 100.5240 Claims for Credit of Overpayments 100.5250 Liability for Combined Tax, Penalty and Interest 100.5260 Combined Amended Returns 100.5265 Common Taxable Year 100.5270 Computation of Combined Net Income and Tax (IITA Section 304(e)) 100.5280 Combined Return Issues Related to Audits

SUBPART R: PAYMENTS

Section 100.6000 Payment on Due Date of Return (IITA Section 601)

SUBPART S: REQUIREMENT AND AMOUNT OF WITHHOLDING

Section 100.7000 Requirement of Withholding (IITA Section 701) 100.7010 Compensation Paid in this State (IITA Section 701) 100.7020 Transacting Business Within this State (IITA Section 701) 100.7030 Payments to Residents (IITA Section 701) 100.7035 Nonresident Partners, Subchapter S Corporation Shareholders, and Trust Beneficiaries (IITA Section 709.5) 100.7040 Employer Registration (IITA Section 701)

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100.7050 Computation of Amount Withheld (IITA Section 702) 100.7060 Additional Withholding (IITA Section 701) 100.7070 Voluntary Withholding (IITA Section 701) 100.7080 Correction of Underwithholding or Overwithholding (IITA Section 701) 100.7090 Reciprocal Agreement (IITA Section 701) 100.7095 Cross References

SUBPART T: AMOUNT EXEMPT FROM WITHHOLDING

Section 100.7100 Withholding Exemption (IITA Section 702) 100.7110 Withholding Exemption Certificate (IITA Section 702) 100.7120 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 Returns and Payments of Income Tax Withheld from Wages (IITA Sections 704 and 704A) 100.7310 Returns Filed and Payments Made on Annual Basis (IITA Sections 704 and 704A) 100.7320 Time for Filing Returns and Making Payments for Taxes Required to Be Withheld Prior to January 1, 2008 (IITA Section 704) 100.7325 Time for Filing Returns and Making Payments for Taxes Required to Be Withheld On or After January 1, 2008 (IITA Section 704A) 100.7330 Payment of Tax Required to be Shown Due on a Return (IITA Sections 704 and 704A) 100.7340 Correction of Underwithholding or Overwithholding (IITA Section 704) 100.7350 Domestic Service Employment (IITA Sections 704 and 704A) 100.7360 Definitions and Special Provisions Relating to Reporting and Payment of Income Tax Withheld (IITA Sections 704 and 704A) 100.7370 Penalty and Interest Provisions Relating to Reporting and Payment of Income Tax Withheld (IITA Sections 704 and 704A) 100.7380 Economic Development for a Growing Economy (EDGE) and Small Business Job

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Creation Credit (IITA Section 704A(g) and (h)) 100.7390 Minimum Wage Tax Credit (IITA Section 704A(i))

SUBPART W: ESTIMATED TAX PAYMENTS

Section 100.8000 Payment of Estimated Tax (IITA Section 803) 100.8010 Failure to Pay Estimated Tax (IITA Sections 804 and 806)

SUBPART X: COLLECTION AUTHORITY Section 100.9000 General Income Tax Procedures (IITA Section 901) 100.9010 Collection Authority (IITA Section 901) 100.9020 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 Assessment (IITA Section 903) 100.9210 Waiver of Restrictions on Assessment (IITA Section 907)

SUBPART AA: DEFICIENCIES AND OVERPAYMENTS

Section 100.9300 Deficiencies and Overpayments (IITA Section 904) 100.9310 Application of Tax Payments Within Unitary Business Groups (IITA Section 603) 100.9320 Limitations on Notices of Deficiency (IITA Section 905) 100.9330 Further Notices of Deficiency Restricted (IITA Section 906)

SUBPART BB: CREDITS AND REFUNDS

Section 100.9400 Credits and Refunds (IITA Section 909) 100.9410 Limitations on Claims for Refund (IITA Section 911)

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100.9420 Recovery of Erroneous Refund (IITA Section 912)

SUBPART CC: INVESTIGATIONS AND HEARINGS

Section 100.9500 Access to Books and Records (IITA Section 913) 100.9505 Access to Books and Records − 60-Day Letters (IITA Section 913) (Repealed) 100.9510 Taxpayer Representation and Practice Requirements 100.9520 Conduct of Investigations and Hearings (IITA Section 914) 100.9530 Books and Records

SUBPART DD: JUDICIAL REVIEW

Section 100.9600 Administrative Review Law (IITA Section 1201)

SUBPART EE: DEFINITIONS

Section 100.9700 Unitary Business Group Defined (IITA Section 1501) 100.9710 Financial Organizations (IITA Section 1501) 100.9715 Transportation Companies (IITA Section 304(d)) 100.9720 Nexus 100.9730 Investment Partnerships (IITA Section 1501(a)(11.5)) 100.9750 Corporation, Subchapter S Corporation, Partnership and Trust Defined (IITA Section 1501)

SUBPART FF: LETTER RULING PROCEDURES

Section 100.9800 Letter Ruling Procedures

SUBPART GG: MISCELLANEOUS

Section 100.9900 Tax Shelter Voluntary Compliance Program 100.9910 State Tax Preparer Oversight Act [35 ILCS 35]

100.APPENDIX A Business Income Of Persons Other Than Residents (Repealed)

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100.TABLE A Example of Unitary Business Apportionment (Repealed) 100.TABLE B Example of Unitary Business Apportionment for Groups Which Include Members Using Three-Factor and Single-Factor Formulas (Repealed)

AUTHORITY: Implementing the Illinois Income Tax Act [35 ILCS 5] and authorized by Section 1401 of the Illinois Income Tax Act [35 ILCS 5].

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 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.

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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; 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

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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 38 Ill. Reg. 23158, effective November 21, 2014; emergency amendment at 39 Ill. Reg. 483, effective December 23, 2014, for a maximum of 150 days; amended at 39 Ill. Reg. 1768, effective January 7, 2015; amended at 39 Ill. Reg. 5057, effective March 17, 2015; amended at 39 Ill. Reg. 6884, effective April 29, 2015; amended at 39 Ill. Reg. 15594, effective November 18, 2015; amended at 40 Ill. Reg. 1848, effective January 5, 2016; amended at 40 Ill. Reg. 10925, effective July 29, 2016; amended at 40 Ill. Reg. 13432, effective September 7, 2016; amended at 40 Ill. Reg. 14762, effective October 12, 2016; amended at 40 Ill. Reg. 15575, effective November 2, 2016; amended at 41 Ill. Reg. 4193, effective March 27, 2017; amended at 41 Ill. Reg. 6379, effective May 22, 2017; amended at 41 Ill. Reg. 10662, effective August 3, 2017; amended at 41 Ill. Reg. 12608, effective September 21, 2017; amended at 41 Ill. Reg. 14217, effective November 7, 2017; emergency amendment at 41 Ill. Reg. 15097, effective November 30, 2017, for a maximum of 150 days; amended at 42 Ill. Reg. 4953, effective February 28, 2018; amended at 42 Ill. Reg. 6451, effective March 21, 2018; recodified Subpart H to Subpart G at 42 Ill. Reg. 7980; amended at 42 Ill. Reg. 17852, effective September 24, 2018; amended at 42 Ill. Reg. 19190, effective October 12, 2018; amended at 43 Ill. Reg. 727, effective December 18, 2018; amended at 43 Ill. Reg. 10124, effective August 27, 2019; amended at 44 Ill. Reg. 2363, effective January 17, 2020; amended at 44 Ill. Reg. 2845, effective January 30, 2020; emergency amendment at 44 Ill. Reg. 4700, effective March 4, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 10907, effective June 10, 2020; emergency amendment at 44 Ill. Reg. 11208, effective June 17, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 17414, effective October 13, 2020.

SUBPART V: EMPLOYER'S RETURN AND PAYMENT OF TAX WITHHELD

Section 100.7390 Minimum Wage Tax Credit (IITA Section 704A(i))

a) Minimum Wage Credit. Each employer with 50 or fewer full-time equivalent employees during the current reporting period may claim a credit against the payments due under IITA Section 704A in an amount equal to the maximum credit allowable. The credit may be taken against payments due for reporting periods that begin on or after January 1, 2020 and end on or before December 31, 2027. In no event may the credit exceed the employer's liability for the reporting period. (IITA Section 704A(i)) No carryover of excess credit is allowed.

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b) Definitions Applicable to this Section

"Applicable Percentage" means:

25% for reporting periods beginning on or after January 1, 2020 and ending on or before December 31, 2020;

21% for reporting periods beginning on or after January 1, 2021 and ending on or before December 31, 2021;

17% for reporting periods beginning on or after January 1, 2022 and ending on or before December 31, 2022;

13% for reporting periods beginning on or after January 1, 2023 and ending on or before December 31, 2023;

9% for reporting periods beginning on or after January 1, 2024 and ending on or before December 31, 2024;

5% for reporting periods beginning on or after January 1, 2025 and ending on or before:

December 31, 2026, for employers with more than 5 employees; and

December 31, 2027, for employers with no more than 5 employees. (IITA Section 704A(i))

"Base Compensation" for a reporting period means the total compensation paid in Illinois, during the fourth quarter of the calendar year prior to the reporting period, to employees who earned less than the current minimum wage during that fourth quarter. Compensation or wages "Paid in Illinois" has the meaning ascribed to that term under IITA Section 304(a)(2)(B). If an employee's compensation is not subject to tax in another state, the compensation is presumed, subject to rebuttal, to be paid in Illinois.

"Current Compensation" for a reporting period means the sum of:

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the total compensation paid in Illinois to eligible employees who earned no more than the current minimum wage during the reporting period, plus

for eligible employees who earned more than the current minimum wage at any time during the reporting period, the total hours worked in Illinois times the current minimum wage.

"Current Employee" means an employee who was employed by the taxpayer during the current reporting period.

"Current Minimum Wage" means the minimum or reduced wage applicable to an employee under the Minimum Wage Law [820 ILCS 105] for the current reporting period.

"Current Reporting Period" means the reporting period for which the taxpayer is calculating the minimum wage credit under this Section.

"Eligible Employee" means any employee who earned no more than the current minimum wage for hours worked in Illinois for the employer during the reporting period and any employee who earned more than the current minimum wage for hours worked in Illinois for the employer at any time during the reporting period, but who earned less than the current minimum wage for hours worked in Illinois for the employer during the calendar year prior to the effective date of the current minimum wage. A recently hired employee is not an eligible employee. The total number of eligible employees for a current reporting period may not exceed the total number of employees who earned less than the current minimum wage for hours worked in Illinois for the employer at any time during the fourth quarter of the preceding calendar year.

"Employer" and "Employee" have the meaning ascribed to those terms in the Minimum Wage Law except that "employee" also includes employees who work for an employer with fewer than 4 employees. (IITA Section 704A(i)) Members of a limited liability company who are treated as partners for federal and Illinois income tax purposes, but are employees within the meaning of the Minimum Wage Law, are employees for purposes of this credit.

"Full-time Equivalent Employees" means the ratio of the number of paid hours during the reporting period and the number of working hours in that period. (IITA Section 704A(i)) A full-time equivalent employee shall be assumed to work

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40 hours per week for 13 weeks for a total of 520 hours during a reporting period. The number of full-time equivalent employees for a reporting period means the number of employees working 40 hours per week that would be required to work the number of paid hours actually worked by all employees of the employer for that reporting period.

EXAMPLE: Taxpayer employs 56 employees who work 25,480 paid hours during a reporting period. 25,480 hours divided by 520 hours equals 49. Although employer employs 56 actual employees, only 49 full-time equivalent employees would be required to work the number of paid hours worked by all of the taxpayer's employees during the reporting period.

"Hour Worked in Illinois" means an hour worked by an employee for which the compensation is paid in Illinois.

"Hourly Employee" means an employee whose working hours are tracked and recorded by the employer during the reporting period, regardless of whether the employee is paid by the hour, salary, commission or any other measure.

"Maximum Credit" for a current reporting period means the excess, if any, of the current compensation for the reporting period over the base compensation, multiplied by the applicable percentage, plus the credit for new eligible employees.

"New Eligible Employee" means an employee whose 90th consecutive day of employment for the employer occurred during the reporting period immediately preceding the current reporting period.

"Recently Hired Employee" means an employee who has been employed by the employer for less than 90 consecutive days as of the last day before the current reporting period.

"Reporting Period" means the quarter for which a return is required to be filed under IITA Section 704A(b). (IITA Section 704A(i))

"Salaried Employee" means an employee whose hours are not tracked and recorded by the employer during the reporting period. Salaried employees are deemed to have worked 40 hours per week for each week in which they were employed during a reporting period.

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"Tipped Employee" has the same meaning as ascribed in 56 Ill. Adm. Code 210.110.

"Wages" means compensation, including bonus, overtime, and commission pay, of employees, but does not include fringe benefits.

"Week Worked in Illinois" means a week worked by an employee for which the majority of hours worked by the employee were worked in Illinois. c) Eligibility for the Credit − Maximum Number of Full-Time Equivalent Employees. A credit may be claimed under this section only by an employer with 50 or fewer full-time equivalent employees during the current reporting period. (IITA Section 704A(i)) Eligibility for the credit under this subsection shall be determined as follows:

1) Determine the number of hours worked by all salaried employees. Total the weeks worked by all salaried employees during the reporting period, rounded to the nearest whole week. Multiply the resulting number of weeks by 40 hours. Round the result to the nearest hour.

2) Total the hours worked by all hourly employees during the reporting period.

3) Determine the total hours worked by all employees by adding the number of hours worked by salaried employees to the number of hours worked by all hourly employees during the reporting period.

4) Determine the number of full-time equivalent employees by dividing the total hours worked by all employees during the reporting period by the 520 hours a full-time employee would work during the reporting period. Round up the result to the next higher whole number.

EXAMPLE: During a reporting period, the taxpayer employs 10 salaried employees who worked a total of 100 weeks during the reporting period and 30 hourly employees who worked a total of 15,000 hours. The salaried employees are deemed to have worked 4,000 hours during the reporting period. All employees worked a total of 19,000 hours during the reporting period. Therefore, during the reporting period, 37 full-time equivalent

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employees would have been required to work all of the paid hours worked by the taxpayer's employees. ((100 weeks x 40 hours) + 15,000 hours)/520 = 36.54, rounded up to 37 full-time equivalent employees

5) If the total number of full-time equivalent employees is greater than 50, the taxpayer is not eligible for the credit. d) Eligibility for the Credit − Increase in Compensation. An employer shall not be eligible for credits under this Section for a reporting period unless the average wage paid by the employer per employee for all employees making less than $55,000 during the reporting period is greater than the average wage paid by the employer per employee for all employees making less than $55,000 during the same reporting period of the prior calendar year. (IITA Section 704A(i)) Eligibility for the credit under this subsection shall be determined by computing the average wage paid to employees earning less than $55,000 during the current reporting period and during the same reporting period for the preceding calendar year as follows.

1) Total the actual amount of wages paid in Illinois to each employee earning less than $55,000 during the reporting period.

2) Determine the number of hours worked by all employees earning less than $55,000 during the reporting period by adding:

A) The total weeks worked by all salaried employees earning less than $55,000 during the reporting period, rounded to the nearest whole week, multiplied by 40 hours and rounded to the nearest hour, plus

B) The total hours worked by all hourly employees earning less than $55,000 during the reporting period.

3) Determine the average wage paid in Illinois during the reporting period to employees earning less than $55,000 by dividing the total wages paid to all employees earning less than $55,000 during the reporting period in subsection (d)(1), by the total number of hours worked by all employees earning less than $55,000 during the reporting period, as calculated according to subsection (d)(2).

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4) If the average wage paid in Illinois to all employees earning less than $55,000 during the current reporting period is less than or equal to the amount computed for the same reporting period during the preceding calendar year, the taxpayer does not qualify for the credit.

EXAMPLE: In the fourth reporting period of 2019, the taxpayer employed 10 salaried employees who worked a total of 100 weeks and 30 hourly employees who worked a total of 15,000 hours during the reporting period. All employees earned less than $55,000 during the reporting period. The taxpayer paid a total of $183,000 in wages to all 40 employees during the reporting period. The average wage paid in Illinois to all employees earning less than $55,000 during the reporting period was $9.63 per hour. $183,000/((100 weeks x 40 hours) + 15,000 hours) = $9.63/hour. During the fourth reporting period of 2020, the taxpayer employed 8 salaried employees who worked a total of 100 weeks and 32 hourly employees who worked a total of 16,000 hours during the reporting period. All employees earned less than $55,000 during the reporting period. The taxpayer paid a total of $224,000 in wages to all 40 employees during the reporting period. The average wage paid in Illinois to all employees earning less than $55,000 during the reporting period was $11.20 per hour. $224,000/((100 weeks x 40 hours) + 16,000 hours) = $11.20 per hour. $11.20 is greater than $9.63, therefore the taxpayer is eligible for the credit for the fourth reporting period of 2020. e) Calculation of the Credit

1) For each reporting period, the number of eligible employees may not exceed the number of employees who, during the last reporting period of the preceding calendar year, made less than the current minimum wage required by the Minimum Wage Law for the current reporting period. (IITA Section 704A(i)) If the number of employees who would be eligible employees exceeds this limitation, the employer may choose which of the otherwise-eligible employees will be treated as eligible employees.

2) Recently Hired Employees. An employer may not claim a credit for recently hired employees; however, such credits may accrue during the current reporting period and be claimed against payments under IITA Section 704A for future reporting periods after the employee has worked for the employer at least 90 consecutive days. (IITA Section 704A(i))

ILLINOIS REGISTER 17435 20 DEPARTMENT OF REVENUE

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A) Any credits accrued during the initial 90-day employment period must be used to calculate the credit during the reporting period directly following the reporting period during which the employee reached his or her 90th day of employment. Determine if any of the current employees qualify as recently hired employees who began their employment less than 90 consecutive days immediately preceding the start of the current reporting period.

B) The wages paid to recently hired employees cannot be used to calculate the credit for the current reporting period. Taxpayer shall record the wages paid to these employees for possible use in a future reporting period. The wages paid during the employee's first 90 consecutive days of employment may only be used to calculate the minimum wage credit in the reporting period immediately following the reporting period in which the employee reaches his or her 90th consecutive day of employment. If an employee does not reach their 91st day of employment, any wages earned by the employee are ineligible to be used to calculate the credit in future reporting periods.

EXAMPLE: Employee is hired by the taxpayer on January 6, 2020 and continues to be employed through December 31, 2020. During that time, the employee earns the minimum wage required for each reporting period in 2020. The employee's 90th day of consecutive employment is April 5, 2020, which occurs during the second reporting period of 2020. Because the employee's 90th consecutive day of employment did not occur prior to the start of the second reporting period of 2020, the taxpayer must use the wages earned by the employee during his or her first 90 consecutive days of employment to calculate the credit for the third reporting period in 2020.

3) Number of Eligible Employees. Determine the number of eligible employees for a reporting period as follows:

A) Determine the number of employees who earned less than the current minimum or reduced wage at any time during the last reporting period of the preceding calendar year.

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NOTICE OF ADOPTED AMENDMENT

B) Determine the number of current employees who were paid no more than the current minimum wage during the reporting period plus the number of current employees who earned more than the current minimum wage at any time during the reporting period, but were employed by the taxpayer and earned less than the current minimum wage at any time during the fourth reporting period of the preceding calendar year.

C) The number of eligible employees for the reporting period is the lesser of the amounts determined in subsections (e)(3)(A) and (B). f) Calculation of the Maximum Credit. The maximum credit for a current reporting period is comprised of two components: a credit for wages paid in the current reporting period to eligible employees, based on the increase in their wages attributable to an increase in the minimum wage, plus a credit for newly eligible employees equal to the credit that would have been earned for their increased wages in earlier reporting periods if they had been eligible employees during those reporting periods.

1) Computation of Credit for Eligible Employees. The credit for eligible employees is equal to the current compensation minus the base compensation, multiplied by the applicable percentage.

A) Current compensation is the sum of the total compensation paid in Illinois to eligible employees who earned no more than the current minimum wage during the reporting period, plus, for eligible employees who earned more than the current minimum wage at any time during the reporting period, the total hours worked in Illinois times the current minimum wage.

B) Base compensation is the total compensation paid in Illinois to employees earning less than the current minimum wage during the fourth quarter of the calendar year prior to the reporting period.

C) Applicable rate is the percentage described in subsection (b).

EXAMPLE: In the fourth reporting period of 2019, taxpayer employed 10 tipped employees who earned the reduced wage of

ILLINOIS REGISTER 17437 20 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENT

$4.95 authorized by Section 4(c) of the Minimum Wage Law. All employees were hired more than 90 days prior to the beginning of the reporting period. The employees worked a total of 5,200 hours during that reporting period. In the first reporting period of 2020, the taxpayer employed the same 10 employees who earned the applicable subminimum wage of $5.55 authorized by Section 4(c) of the Minimum Wage Law and worked 5,200 hours. Taxpayer is entitled to a credit of $780. ((5,200 hours x $5.55) – (5,200 hours x $4.95)) x .25 = $780

2) Computation of Credit for New Eligible Employees. The credit for new eligible employees is equal to the excess, if any, of the credit for eligible employees for prior reporting periods, recomputed by determining the current compensation for each reporting period for which a new eligible employee was a recent employee as if that new eligible employee had been an eligible employee for that reporting period.

A) If treating all the new eligible employees as eligible employees for a prior reporting period would cause the number of eligible employees to exceed the maximum number determined under subsection (e)(3) for that reporting period, the employer shall determine the current compensation for that reporting period by including only the maximum number. For this purpose, the employer may choose which employees will be treated as eligible employees without regard to which employees were treated as eligible employees in the original computation of the credit for the reporting period.

B) The recomputed credit for a prior reporting period may not exceed the employer's liability for that reporting period.

C) The base compensation is not recomputed for purposes of computing this component of the maximum credit.

EXAMPLE: In the fourth reporting period of 2019, taxpayer employed 10 tipped employees who earned the reduced wage of $4.95 authorized by Section 4(c) of the Minimum Wage Law. All employees were hired more than 90 days prior to the beginning of the reporting period. The employees worked a total of 5,200 hours

ILLINOIS REGISTER 17438 20 DEPARTMENT OF REVENUE

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during that reporting period. 1 of the 10 employees resigned effective December 31, 2019. In the first reporting period of 2020, the taxpayer employed the remaining 9 employees. Taxpayer hired 1 additional employee on January 6, 2020 who continued to work for the employer through December 31, 2020. For the first 2 reporting periods of 2020, all 10 employees earned the applicable subminimum wage of $5.55 authorized by Section 4(c) of the Minimum Wage Law. During the 3rd reporting period of 2020, all 10 employees earned the applicable subminimum wage of $6.00 authorized by Section 4(c) of the Minimum Wage Law. During the first 3 reporting periods of 2020, the original 9 employees worked 4,680 hours and the 1 recently hired employee worked 520 hours during each reporting period. The 1 recently hired employee reached the 90th day of employment on April 5, 2010, during the 2nd reporting period of 2020. For the first reporting period of 2020, the taxpayer is entitled to a credit of $58.50. ((4,680 hours x $5.55) – (5,200 hours x $4.95)) x .25 = $58.50. The $2,886 in wages paid to the recently hired employee during the 1st reporting period does not count toward the 1st reporting period credit. 520 hours x $5.55 = $2,866. During the 2nd reporting period of 2020, the recently hired employee worked 30 hours between April 1, 2020 and April 5, 2020. Between April 6, 2020 and April 30, 2020, the recently hired employee worked 490 hours. The $166.50 in wages paid to the recently hired employee between April 1, 2020 and April 5, 2020, does not count towards the 2nd reporting period credit. 30 hours x $5.55 = $166.50. The remaining $2,719.50 in wages paid to the recently hired employee does count toward the 2nd reporting period credit. 490 hours x $5.55 = $2,719.50. Therefore, for the 2nd reporting period of 2020, the taxpayer is entitled to a credit of $738.36. ((5,170 hours x $5.55) – (5,200 hours x $4.95)) x .25 = $738.36 The $3,032.50 in wages paid to the recently hired employee during the first 90 days may be applied to the 3rd reporting period credit calculation. 550 hours x $5.55 = $3,032.50. Therefore, for the 3rd reporting period of 2020, the taxpayer is entitled to a credit of $2,123.13. (((5,200 hours x $6.00) + (550 hours x $5.55)) – (5,200 hours x $4.95)) x .25 = $2,123.13.

ILLINOIS REGISTER 17439 20 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENT g) Each employer who deducts and withholds, or is required to deduct and withhold, tax under the IITA and who retains income tax withholdings as a result of the credit allowed under IITA Section 704A(i) and this Section must make a return with respect to those taxes and retained amounts in the form and manner that the Department, by rule, requires and pay to the Department or to a depositary designated by the Department those withheld taxes not retained by the employer. (IITA Section 704A(i)) The amount of taxes withheld, and the credit claimed under this Section for a current withholding period shall be reported on the taxpayer's Form IL-941 (Illinois Withholding Income Tax Return) for the current reporting period.

(Source: Added at 44 Ill. Reg. 17414, effective October 13, 2020)

ILLINOIS REGISTER 17440 20 OFFICE OF THE SECRETARY OF STATE

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Certificates of Title, Registration of Vehicles

2) Code Citation: 92 Ill. Adm. Code 1010

3) Section Numbers: Adopted Actions: 1010.240 Amendment 1010.630 New Section

4) Statutory Authority: Authorized by Section 2-104(b) of, and implementing Chapters 3 and 5 of, the Illinois Vehicle Code [625 ILCS 5].

5) Effective Date of Rules: October 19, 2020

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 is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 11750; July 17, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: We removed "armored carrier" from 1010.240 (a)(4) and replaced it with "For the purposes of subsection (a)(2), the term "financial institution" also means an armored carrier approved by the Secretary to issue registration plates/stickers". In addition, we added that the extensions for sticker renewal will terminate on November 1, 2020, as well as corrected a grammatical omission.

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 an emergency rule currently in effect? Yes

14) Are there any other rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: This rulemaking extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038

ILLINOIS REGISTER 17441 20 OFFICE OF THE SECRETARY OF STATE

NOTICE OF ADOPTED AMENDMENTS

issued on March 9, 2020, as extended, and until November 1, 2020 the expiration date of all vehicle registrations. Also, access to facilities by remitters is limited to only those submitting the required documentation related to an electronic submission.

16) Information and questions regarding these adopted rules shall be directed to:

Secretary of State Pamela Wright 298 Howlett Building Springfield IL 62756

217/785-3094 [email protected]

The full text of the Adopted Amendments begins on the next page:

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TITLE 92: TRANSPORTATION CHAPTER II: SECRETARY OF STATE

PART 1010 CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES

SUBPART A: DEFINITIONS

Section 1010.10 Owner – Application of Term 1010.20 Secretary and Department

SUBPART B: TITLES

Section 1010.110 Salvage Certificate – Additional Information Required to Accompany Application for a Certificate of Title for a Rebuilt or a Restored Vehicle Upon Surrendering Salvage Certificate 1010.120 Salvage Certificate – Assignments and Reassignments 1010.130 Exclusiveness of Lien on Certificate of Title 1010.140 Documents Required to Title and Register Imported Vehicles Not Manufactured in Conformity with Federal Emission or Safety Standards 1010.150 Transferring Certificates of Title Upon the Owner's Death 1010.160 Repossession of Vehicles by Lienholders and Creditors 1010.170 Junking Notification 1010.180 Specially Constructed Vehicles – Defined 1010.185 Specially Constructed Vehicles – Required Documentation for Title and Registration 1010.190 Issuance of Title and Registration Without Standard Ownership Documents − Bond 1010.193 Procedures for Application for Title for Vehicles Purchased at Mechanic's Lien Sales 1010.195 Procedures and Disclosures for Vehicles Previously Titled in Areas Flooded as a Result of a Natural Disaster

SUBPART C: REGISTRATION

Section 1010.200 Homemade Trailers − Title and Registration 1010.210 Application for Registration

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1010.220 Vehicles Subject to Registration – Exceptions 1010.230 Refusing Registration or Certificate of Title 1010.240 Registration Plates To Be Furnished by the Secretary of State 1010.245 Electronic Registration and Titling (ERT) Program Provisions 1010.250 Applications For Reassignment

SUBPART D: REVOCATION, SUSPENSION AND CANCELLATION OF REGISTRATION

Section 1010.300 Operation of Vehicle after Cancellation, Suspension, or Revocation of any Registration 1010.310 Improper Use of Evidences of Registration 1010.320 Suspension, Cancellation or Revocation of Illinois Registration Plates and Cards and Titles 1010.330 Operation of Vehicle Without Proper Illinois Registration 1010.350 Suspension or Revocation 1010.360 Surrender of Plates, Decals or Cards

SUBPART E: SPECIAL PERMITS AND PLATES

Section 1010.410 Temporary Registration – Individual Transactions 1010.420 Temporary Permit Pending Registration In Illinois 1010.421 Issuance of Temporary Registration Permits by Persons or Entities Other Than the Secretary of State 1010.425 Non-Resident Drive-Away Permits 1010.426 Seven Day Permits 1010.430 Registration Plates for Motor Vehicles Used for Transportation of Persons for Compensation and Tow Trucks 1010.440 Title and Registration of Vehicles with Permanently Mounted Equipment 1010.450 Special Plates 1010.451 Purple Heart License Plates 1010.452 Special Event License Plates 1010.453 Retired Armed Forces License Plates 1010.454 Gold Star License Plates 1010.455 Collectible License Plates 1010.456 Sample License Plates For Motion Picture and Television Studios 1010.457 Korean War Veteran License Plates 1010.458 Collegiate License Plates

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NOTICE OF ADOPTED AMENDMENTS

1010.459 Universal Plate Decal 1010.460 Special Plates for Members of the United States Armed Forces Reserves 1010.465 Requests for General Issuance Specialty License Plates 1010.470 Dealer Plate Records 1010.480 State of Illinois In-Transit Plates

SUBPART F: FEES

Section 1010.510 Determination of Registration Fees 1010.520 When Fees Returnable 1010.530 Circuit Breaker Registration Discount 1010.540 Fees 1010.550 Determining Age of Vehicle

SUBPART G: MISCELLANEOUS

Section 1010.610 Unlawful Acts, Fines and Penalties 1010.620 Change of Engine 1010.630 Extension of Expiration Dates

SUBPART H: SECOND DIVISION VEHICLES

Section 1010.705 Reciprocity 1010.710 Vehicle Proration 1010.715 Proration Fees 1010.720 Vehicle Apportionment 1010.725 Trip Leasing 1010.730 Intrastate Movements, Foreign Vehicles 1010.735 Interline Movements 1010.740 Trip and Short-term Permits 1010.745 Signal 30 Permit for Foreign Registration Vehicles (Repealed) 1010.750 Signal 30-Year-round for Prorated Fleets of Leased Vehicles (Repealed) 1010.755 Mileage Tax Plates 1010.756 Suspension or Revocation of Illinois Mileage Weight Tax Plates 1010.760 Transfer for "For-Hire" Loads 1010.765 Suspension or Revocation of Exemptions as to Foreign Registered Vehicles 1010.770 Required Documents for Trucks and Buses to detect "intrastate" movements

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1010.775 Certificate of Safety

1010.APPENDIX A Uniform Vehicle Registration Proration and Reciprocity Agreement 1010.APPENDIX B International Registration Plan 1010.APPENDIX C Affirmation Supporting Salvage Certificate 1010.APPENDIX D Specialty License Plates Request Form

AUTHORITY: Authorized by Section 2-104(b) of, and implementing Chapters 3 and 5 of, the Illinois Vehicle Code [625 ILCS 5].

SOURCE: Filed and effective December 15, 1970; emergency amendment at 2 Ill. Reg. 25, p. 119, effective June 14, 1978, for a maximum of 150 days; amended at 3 Ill. Reg. 12, p. 76, effective March 23, 1979; amended at 3 Ill. Reg. 29, p. 123, effective July 20, 1979; amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980; emergency amendment at 4 Ill. Reg. 21, p. 99, effective May 14, 1980, for a maximum of 150 days; amended at 6 Ill. Reg. 2241, effective February 1, 1982; amended at 6 Ill. Reg. 11076, effective August 26, 1982; codified at 6 Ill. Reg. 12674; amended at 7 Ill. Reg. 1432, effective January 21, 1983; amended at 7 Ill. Reg. 1436, effective January 21, 1983; amended at 8 Ill. Reg. 5329, effective April 6, 1984; amended at 9 Ill. Reg. 3358, effective March 1, 1985; amended at 9 Ill. Reg. 9176, effective May 30, 1985; amended at 9 Ill. Reg. 12863, effective August 2, 1985; amended at 9 Ill. Reg. 14711, effective September 13, 1985; amended at 10 Ill. Reg. 1243, effective January 6, 1986; amended at 10 Ill. Reg. 4245, effective February 26, 1986; amended at 10 Ill. Reg. 14308, effective August 19, 1986; recodified at 11 Ill. Reg. 15920; amended at 12 Ill. Reg. 14711, effective September 15, 1988; amended at 12 Ill. Reg. 15193, effective September 15, 1988; amended at 13 Ill. Reg. 1598, effective February 1, 1989; amended at 13 Ill. Reg. 5173, effective April 1, 1989; amended at 13 Ill. Reg. 7965, effective May 15, 1989; amended at 13 Ill. Reg. 15102, effective September 15, 1989; amended at 14 Ill. Reg. 4560, effective March 1, 1990; amended at 14 Ill. Reg. 6848, effective April 18, 1990; amended at 14 Ill. Reg. 9492, effective June 1, 1990; amended at 14 Ill. Reg. 19066, effective November 15, 1990; amended at 15 Ill. Reg. 12782, effective August 15, 1991; amended at 16 Ill. Reg. 12587, effective August 1, 1992; amended at 19 Ill. Reg. 11947, effective August 1, 1995; amended at 19 Ill. Reg. 16289, effective November 27, 1995; amended at 20 Ill. Reg. 11349, effective August 1, 1996; amended at 21 Ill. Reg. 8408, effective June 23, 1997; amended at 21 Ill. Reg. 13372, effective September 17, 1997; amended at 22 Ill. Reg. 8521, effective April 28, 1998; amended at 22 Ill. Reg. 22059, effective January 1, 1999; amended at 25 Ill. Reg. 7731, effective June 6, 2001; emergency amendment at 25 Ill. Reg. 14201, effective October 22, 2001, for a maximum of 150 days; emergency expired March 20, 2002; amended at 26 Ill. Reg. 14282, effective September 16, 2002; amended at 27 Ill. Reg. 4790, effective February 27, 2003; amended at 29 Ill. Reg. 8915, effective June 10, 2005; amended at 31 Ill. Reg. 2668, effective January 29, 2007; amended at 32 Ill. Reg. 17253, effective October 15, 2008; amended at 32 Ill. Reg. 17590, effective October 16, 2008; amended

ILLINOIS REGISTER 17446 20 OFFICE OF THE SECRETARY OF STATE

NOTICE OF ADOPTED AMENDMENTS at 34 Ill. Reg. 3673, effective March 5, 2010; amended at 34 Ill. Reg. 10202, effective June 29, 2010; amended at 35 Ill. Reg. 1652, effective January 13, 2011; amended at 35 Ill. Reg. 8240, effective May 16, 2011; amended at 36 Ill. Reg. 7674, effective May 2, 2012; amended at 36 Ill. Reg. 14745, effective September 24, 2012; amended at 36 Ill. Reg. 17094, effective November 20, 2012; emergency amendment at 36 Ill. Reg. 17580, effective November 28, 2012, for a maximum of 150 days; amended at 37 Ill. Reg. 4340, effective March 22, 2013; amended at 37 Ill. Reg. 8941, effective June 14, 2013; amended at 37 Ill. Reg. 12578, effective July 17, 2013; amended at 39 Ill. Reg. 5106, effective March 20, 2015; amended at 42 Ill. Reg. 212, effective December 19, 2017; amended at 42 Ill. Reg. 14450, effective July 23, 2018; amended at 43 Ill. Reg. 3945, effective March 15, 2019; amended at 44 Ill. Reg. 2014, effective December 31, 2019; emergency amendment at 44 Ill. Reg. 5831, effective March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6641, effective April 9, 2020, for the remainder of the 150 days; emergency amendment effective March 17, 2020, as amended April 9, 2020, repealed at 44 Ill. Reg. 11595, effective June 30, 2020; emergency amendment at 44 Ill. Reg. 11890, effective June 30, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 16487, effective September 25, 2020; amended at 44 Ill. Reg. 17440, effective October 19, 2020.

SUBPART C: REGISTRATION

Section 1010.240 Registration Plates To Be Furnished by the Secretary of State

a) General Provisions

1) The Secretary of State may issue registration plates and/or stickers at facilities and offices maintained by the Secretary of State in Springfield or, Chicago, or at other locations.

2) In addition, the Secretary of State may, in his or her discretion, cause registration plates and/or stickers to be issued by financial institutions or retail merchants, and applications for renewal of registrations for such vehicles as the Secretary of State may designate to be received and processed for transmittal to the Secretary of State by the financial institutions or retail merchants. For that purpose, the Secretary of State may deposit Illinois registration plates and/or stickers with the financial institutions or retail merchants. In addition, the Secretary may cause registration plates and stickers to be issued pursuant to Section 1010.245 of this Part and may cause registration renewal stickers to be issued by retail merchants.

3) The Secretary may further cause registration and title applications to be

ILLINOIS REGISTER 17447 20 OFFICE OF THE SECRETARY OF STATE

NOTICE OF ADOPTED AMENDMENTS

serviced and remitted, by licensed remittance agents, to the Secretary of State, as provided in the Vehicle Code.

4) The term "financial institution", for the purposes of this Part, shall mean any federal or state chartered bank, savings and loan, credit union, armored carrier, and any currency exchange, either directly or indirectly through an armored carrier. For the purposes of subsection (a)(2), the term "financial institution" also means an armored carrier approved by the Secretary to issue registration plates/stickers. The term shall also include insurance companies and licensees under the Sales Finance Agency Act [205 ILCS 660] and the Consumer Installment Loan Act [205 ILCS 670]. The term "retail merchant", for the purposes of this Part, shall mean a business that is engaged in the sale of goods or services to the general public and that has one or more permanently established places of business in Illinois.

5) The Secretary may, in his or her discretion, cause registration plates and stickers to be issued by motor vehicle dealers. However, motor vehicle dealers shall only issue registration plates and stickers or renew vehicle registrations in the course of transactions involving the sale or lease of vehicles.

6) With the exception of electronic registration and titling service providers, as set forth in Section 1010.245(b), noNo entity or person, other than the Secretary, willshall be allowed to sell license plates or registration stickers over the internet. b) Application for Participation in the Over-The-Counter Sales Program

1) The Secretary of State willshall accept the application of any financial institution or retail merchant to participate in the over-the-counter program, if the Secretary of State makes a determination that the establishment of the institution or retail merchant in the program will provide a beneficial service to the general public and will be cost effective for the Secretary of State to administer for the People of the State of Illinois, and that the institution or retail merchant can provide sufficient security for both the handling of State fees and taxes collected and the handling and storage of registration plates and/or stickers.

2) In making the determination required by subsection (b)(1), the Secretary

ILLINOIS REGISTER 17448 20 OFFICE OF THE SECRETARY OF STATE

NOTICE OF ADOPTED AMENDMENTS of State willshall consider, but shall not be limited by, the following factors:

A) Tentative acceptance of the terms contained in the Financial Institution/Retail Merchant License Plate/Sticker Agreement between the Secretary of State's Office and the institution or retail merchant;

B) Previous participation by the institution or retail merchant in the program and, if any, the circumstances surrounding its leaving the program;

C) Current participation by the institution or retail merchant in the over-the-counter sales program at other locations;

D) Submission by the institution or retail merchant of a current copy of its blanket or fidelity bond, or if no such bond is maintained and the institution or retail merchant is a self-insurer, then a certificate of deposit payable to the Secretary of State, or an irrevocable letter of credit form a third party bank to the Secretary of State in an amount sufficient to protect the Secretary of State in the same manner as the Secretary would be protected if the blanket or fidelity bond were in force;

E) Total passenger registration for the county;

F) Total number of over-the-counter passenger sales in the community and county in the previous registration year;

G) Estimated annual registration plate and sticker sales for this location;

H) Estimated volume of walk-in traffic at this location;

I) Population of the community;

J) Population of the county;

K) Number of banks in the community currently participating in the program in relation to the total number of banks in the community;

ILLINOIS REGISTER 17449 20 OFFICE OF THE SECRETARY OF STATE

NOTICE OF ADOPTED AMENDMENTS

L) Number of savings and loans in the community currently participating in the program in relation to the total number of savings and loans in the community;

M) Number of currency exchanges in the community currently participating in the program in relation to the total number of currency exchanges in the community;

N) Number of credit unions in the community currently participating in the program in relation to the total number of credit unions in the community;

O) Number of retail merchants in the community currently participating in the program in relation to the total number of retail merchants in the community;

P) Locations of other institutions in the community currently in the program;

Q) Total number of institutions in the community currently in the program;

R) Financial stability;

S) Total full time and part time employees at proposed selling location;

T) Selling location if different from main location;

U) Selling area within the institution or retail merchant;

V) Business days and hours the institution or retail merchant is open to the public.

3) Miscellaneous Provisions

A) Over-the-counter program, for purposes of this Section, shall mean the program in which the Secretary of State, by contractual agreement, authorizes a financial institution or retail merchant to

ILLINOIS REGISTER 17450 20 OFFICE OF THE SECRETARY OF STATE

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sell license plates and/or renewal stickers to the general public, at a particular location.

B) The acceptance of any application will beshall, in addition to the requirements in subsection (b)(1), be dependent upon the applicant agreeing to all of the terms of and signing the Financial Institution/Retail Merchant License Plate/Sticker Agreement and the institution's or retail merchant's being in good standing and licensed by the Department of Financial and Professional Regulation or any other licensing agency, whether local, State or federalFederal, that regulates the institution.

C) A financial institution or retail merchant participating in the over- the-counter program may sell license plates and/or renewal stickers to the public only during a face-to-face transaction.

(Source: Amended at 44 Ill. Reg. 17440, effective October 19, 2020)

SUBPART G: MISCELLANEOUS

Section 1010.630 Extension of Expiration Dates

a) Pursuant to the powers vested in him or her by Public Act 101-640, the Secretary of State hereby extends the expiration dates of any motor vehicle registrations that were expired as of the last day of Gubernatorial Disaster Proclamation 2020-60, entered on September 18, 2020, and those that expire within the first 14 days following the last day of that Proclamation. This extension terminates on November 1, 2020. This extension applies to, but is not limited to, those set forth in the following statutes:

625 ILCS 5/3-414 625 ILCS 5/3-414.1 625 ILCS 5/3-414.5 625 ILCS 5/3-407

b) To be eligible for the extensions set forth in this Section, vehicles must be otherwise eligible for registration.

c) Any penalties imposed due to the late filing of vehicle registrations shall be waived for any vehicles subject to this Part and registered within the extended

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time period provided by this Section. Any vehicle registered beyond the applicable extended time period shall be subject to any penalties imposed due to the late filing of vehicle registrations.

(Source: Added at 44 Ill. Reg. 17440, effective October 19, 2020)

ILLINOIS REGISTER 17452 20 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Rules and Regulations of the Board

2) Code Citation: 74 Ill. Adm. Code 800

3) Section Number: Adopted Action: 800.140 Amendment

4) Statutory Authority: The Illinois Pension Code [40 ILCS 5/1 et seq.; 40 ILCS 5/22A et seq; 40 ILCS 5/24 et seq.]

5) Effective Date of Rule: October 13, 2020

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? The rulemaking does not include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative Procedure Act.

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: 43 Ill. Reg. 13763; December 2, 2019

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.

13) Will this rulemaking replace an emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: These amendments involve updating the Rules and Regulations governing the operations of the Board of Trustees (the "Board") of the Illinois State Board of Investment, a public pension fund administered pursuant to the

ILLINOIS REGISTER 17453 20 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF ADOPTED AMENDMENT

Illinois Pension Code. The amendment involves revisions to reflect the addition of the Defined Contribution Committee to ISBI's Board Committees.

16) Information and questions regarding this adopted rule shall be directed to:

Dipesh Mehta General Counsel/Chief Compliance Officer Illinois State Board of Investment 180 N. LaSalle Street, Suite 2015 Chicago IL 60610

312/793-1486 [email protected]

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 17454 20 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF ADOPTED AMENDMENT

TITLE 74: PUBLIC FINANCE CHAPTER VII: ILLINOIS STATE BOARD OF INVESTMENT

PART 800 RULES AND REGULATIONS OF THE BOARD

SUBPART A: AUTHORITY

Section 800.5 Authority

SUBPART B: BY-LAWS

Section 800.110 Offices of the Board 800.120 Meetings 800.130 Officers and Their Duties 800.140 Committees

SUBPART C: GENERAL POLICIES

Section 800.210 Functions 800.220 Fiduciary Aspects 800.230 Delegation of Authority 800.240 Budget (Repealed)

SUBPART D: ACCOUNTING

Section 800.310 Investment Account 800.320 Fund Credits 800.330 Fund Charges 800.340 Reserve Balances

SUBPART E: REPORTS

Section 800.410 Fiscal Reporting

ILLINOIS REGISTER 17455 20 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF ADOPTED AMENDMENT

800.420 Audits

SUBPART F: AMENDMENTS

Section 800.510 Amendments

AUTHORITY: Implementing and authorized by Sections 22A-110 and 22A-111.1 of, and Article 24 of, the Illinois Pension Code [40 ILCS 5].

SOURCE: Rules and Regulations of the Board, effective March 25, 1971; amended January 8, 1972; amended October 6, 1972; amended February 14, 1975; amended February 9, 1976; amended February 9, 1977; codified at 5 Ill. Reg. 10701; amended at 31 Ill. Reg. 1986, effective January 9, 2007; amended at 32 Ill. Reg. 360, effective December 26, 2007; amended at 35 Ill. Reg. 13915, effective August 1, 2011; amended at 37 Ill. Reg. 2720, effective February 25, 2013; amended at 38 Ill. Reg. 4491, effective January 31, 2014; amended at 39 Ill. Reg. 4500, effective March 16, 2015; amended at 42 Ill. Reg. 19060, effective October 3, 2018; amended at 44 Ill. Reg. 17452, effective October 13, 2020.

SUBPART B: BY-LAWS

Section 800.140 Committees

a) Investment Policy Committee

1) There shall be an Investment Policy Committee of the Board, consisting of such members of the Board as the Chair of the Board shall appoint, and who shall serve a term to end at the time of the next annual meeting of the Board following the election of officers. The Board shall determine delegation of Committee responsibilities. (Examples of such delegation include interviewing investment management firms that are finalists in the Board's competitive bidding process and recommending policies pertaining to the Board's investments, such as the Board's asset allocation study.)

2) It shall be the responsibility of the Committee:

A) to recommend investment policy to the Board, both at its regularly scheduled meetings and whenever recommendations appear, in the

ILLINOIS REGISTER 17456 20 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF ADOPTED AMENDMENT

judgment of the Committee, to be necessary or desirable;

B) for the ongoing and specific supervision of the internal investment process, including but not limited to advance approval of all long- term investment transactions not falling within certain delegatory guidelines established by Board action; and

C) for ongoing liaison with external investment advisors, together with recommendations concerning the tenure, compensation, fund direction, and retention of the advisors.

3) The Committee shall elect a Chair by vote of a majority of its members. b) Emerging Manager Committee

1) There shall be an Emerging Manager Committee of the Board, consisting of such members of the Board as the Chair of the Board shall appoint, and who shall serve a term to end at the next annual meeting of the Board following the election of officers. The Board shall determine the Committee's responsibilities. (Examples of such delegation include interviewing emerging managers and recommending policies pertaining to the Board's investments, such as the Board's Emerging and Minority Investment Manager and Minority and Illinois Brokerage Policy.)

2) It shall be the policy of the Committee:

A) to increase access to and business with emerging managers;

B) to maximize utilization of minority-owned broker/dealers by the Board's investment managers; and

C) to monitor the utilization of emerging managers, minority-owned, women-owned and person with a disability owned business enterprises and broker dealers and report that utilization to the Board.

3) The committee shall elect a Chair by vote of a majority of its members. c) Defined Contribution Committee

ILLINOIS REGISTER 17457 20 ILLINOIS STATE BOARD OF INVESTMENT

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1) There shall be a Defined Contribution Committee of the Board, consisting of such members of the Board as the Chair of the Board shall appoint, who shall serve a term to end at the time of the next annual meeting of the Board following the election of officers. The Board shall determine delegation of Committee responsibilities. (Examples of such delegation include monitoring and evaluating investment performance and determining benchmarks used in the evaluation of investment options.)

2) It shall be the responsibility of the Committee to:

A) oversee the administration of the Deferred Compensation Plan, evaluate the adequacy of the Plan's investment options, and attempt to ensure that the Plan offers participants information and tools necessary in selecting their investments;

B) monitor and evaluate the performance of the Plan's investment managers and all Plan fees;

C) review and respond to recommendations from ISBI staff and the consultant regarding investment options, fees, Plan design, participant communications, and other matters; and

D) determine, through periodic review, whether an action of participant re-enrollment supports the goal of improving participant outcomes.

3) The Committee shall elect a Chair by vote of a majority of its members.

(Source: Amended at 44 Ill. Reg. 17452, effective October 13, 2020)

ILLINOIS REGISTER 17458 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

1) Heading of the Part: Emergency Mortgage Assistance (EMA) Program

2) Code Citation: 47 Ill. Adm. Code 301

3) Section Numbers: Emergency Actions: 301.101 New Section 301.102 New Section 301.103 New Section 301.104 New Section 301.105 New Section 301.106 New Section 301.107 New Section 301.108 New Section 301.109 New Section 301.111 New Section 301.113 New Section 301.114 New Section 301.115 New Section 301.116 New Section 301.201 New Section 301.202 New Section 301.301 New Section 301.302 New Section 301.303 New Section 301.304 New Section 301.305 New Section 301.401 New Section 301.402 New Section 301.403 New Section 301.404 New Section 301.405 New Section 301.406 New Section 301.407 New Section 301.408 New Section

4) Statutory Authority: Authorized by Section 7.19 of the Illinois Housing Development Act [20 ILCS 3805] and implementing Article 30, Sections 20 and 21 of PA 101-637.

5) Effective Date of Rules: October 16, 2020

ILLINOIS REGISTER 17459 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

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6) If these emergency rules are to expire before the end of the 150-day period, please specify the date on which they are to expire: These emergency rules will expire at the end of the 150 day period, or upon adoption of permanent rules, whichever comes first.

7) Date Filed with the Index Department: October 16, 2020

8) A copy of the emergency rules, including any material incorporated by reference, is on file in the Authority's office and is available for public inspection.

9) Reason for Emergency: Coronavirus Disease 2019 (COVID-19) is a novel severe acute respiratory illness that can spread among people through respiratory transmissions and present with symptoms similar to those of influenza. Residential evictions are contrary to the interest of preserving public health by ensuring that individuals remain in their homes during this public health emergency.

10) A Complete Description of the Subjects and Issues Involved: The State of Illinois has allocated State Coronavirus Urgent Remediation Emergency Funds to provide affordable housing grants for the benefit of persons impacted by the COVID-19 public health emergency for emergency mortgage assistance. The Authority has established the Emergency Mortgage Assistance (EMA) program to disburse funds. Approved applicants will receive a one-time grant of up to $15,000 of emergency mortgage assistance to mitigate housing instability during the period of March through December 2020. Assistance will be paid directly to mortgagee on behalf of the mortgagor. The rules also address the use of organizations to assist the Authority with community outreach and assistance in operating the EMA program.

11) Are there any other rulemakings to this Part pending? No

12) Statement of Statewide Policy Objective: Rulemaking does not create or expand any State mandate.

13) Information and questions regarding these emergency rules shall be directed to:

Maureen Ohle Legal Department Illinois Housing Development Authority 111 E. Wacker Drive, Suite 1000 Chicago IL 60601

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The full text of the Emergency Rules begins on the next page:

ILLINOIS REGISTER 17461 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY

PART 301 EMERGENCY MORTGAGE ASSISTANCE (EMA) PROGRAM

SUBPART A: GENERAL RULES FOR EMA GRANTS

Section 301.101 Authority EMERGENCY 301.102 Purpose and Objectives EMERGENCY 301.103 Definitions EMERGENCY 301.104 Compliance with Federal and State Law EMERGENCY 301.105 Forms and Procedures for the EMA Program EMERGENCY 301.106 Fees and Charges EMERGENCY 301.107 Authority Administrative Expenses EMERGENCY 301.108 Amendment EMERGENCY 301.109 Severability EMERGENCY 301.111 Non-Discrimination EMERGENCY 301.113 Record Retention EMERGENCY 301.114 Monitoring EMERGENCY 301.115 CARES Act/Coronavirus Relief Fund EMERGENCY 301.116 Random Selection and Set-Asides EMERGENCY

SUBPART B: BORROWER REQUIREMENTS FOR EMA GRANTS

ILLINOIS REGISTER 17462 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

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Section 301.201 Borrower Eligibility EMERGENCY 301.202 Recapture EMERGENCY

SUBPART C: SERVICER REQUIREMENTS FOR EMA GRANTS

Section 301.301 General Requirements EMERGENCY 301.302 Foreclosure Moratorium EMERGENCY 301.303 Waiver of Fees EMERGENCY 301.304 Distribution of EMA Grants EMERGENCY 301.305 Recapture EMERGENCY

SUBPART D: EMA GRANTS TO COMMUNITY OUTREACH AND ASSISTANCE AGENCIES

Section 301.401 Purpose EMERGENCY 301.402 Request for Proposals EMERGENCY 301.403 COAA Eligibility EMERGENCY 301.404 Eligible Uses EMERGENCY 301.405 Application Requirements EMERGENCY 301.406 Maximum COAA EMA Grant Amounts EMERGENCY 301.407 Distribution of COAA EMA Grants EMERGENCY

ILLINOIS REGISTER 17463 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

301.408 Recapture EMERGENCY

AUTHORITY: Authorized by Section 7.19 of the Illinois Housing Development Act [20 ILCS 3805] and implementing Article 30, Sections 20 and 21 of P.A. 101-0637.

SOURCE: Emergency rules adopted at 44 Ill. Reg. 17458, effective October 16, 2020, for a maximum of 150 days.

SUBPART A: GENERAL RULES FOR EMA GRANTS

Section 301.101 Authority EMERGENCY

The Illinois Housing Development Authority is the designated administrator for the Emergency Mortgage Assistance ("EMA") Program in Illinois, which was authorized pursuant to the appropriation set forth in Public Act 101-0637. The State received Coronavirus Relief Funds ("CRF") via the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") and established the State Coronavirus Urgent Remediation Emergency Fund to administer a portion of the State's CRF.

Section 301.102 Purpose and Objectives EMERGENCY

The purpose of the EMA Program is to use moneys appropriated from the State Coronavirus Urgent Remediation Emergency Fund, and any other funds appropriated for this purpose, to make EMA Grants to eligible servicers on behalf of eligible borrowers, as defined in this Part, or to make EMA Grants to COAAs as defined in this Part.

Section 301.103 Definitions EMERGENCY

The following definitions apply to terms used in this Part:

"Act": The Illinois Housing Development Act [20 ILCS 3805].

"Appropriation": The appropriation of funds, from the State Coronavirus Urgent Remediation Emergency Fund to the Illinois Department of Revenue for the Authority, by the Illinois General Assembly.

ILLINOIS REGISTER 17464 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

"Area Median Income": The median income for a family of four, of the area in which the unit is located, as determined by the Authority (via information published by the U.S. Department of Housing and Urban Development) for each county in Illinois. For purposes of the EMA Program, the median income will be flat and will not be adjusted for family size. All zip codes are assigned a county in Illinois by utilizing the county that contains the majority of the zip code and each zip code uses the county area median income with which it is associated.

"Attorney General": The Attorney General of the State of Illinois.

"Auditor General": The Auditor General of the State of Illinois.

"Authority": The Illinois Housing Development Authority.

"CARES Act": Section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (15 USC 9001 et seq.).

"COAA": A community outreach and assistance agency receiving an EMA Grant for the benefit of persons impacted by the COVID-19 public health emergency by providing COAA Client Intake, COAA Information and Outreach, and/or COAA Mobile and Technology Network activities.

"COAA Client Intake": The COAA will assist an applicant with answering questions about the EMA Program online application process and with the EMA Program documentation upload.

"COAA Information and Outreach": The COAA will provide information about the EMA Program and will conduct EMA Program outreach.

"COAA Mobile and Technology Network": The necessary and reasonable mobile and technology network related costs, including, but not limited to, computer workstations, laptops, tablets, headsets, and relevant salary expenses, to assist Illinois residents with information and outreach, the online application process, and post-closing activities, including client follow-up related to the EMA Program.

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"CRF": The Coronavirus Relief Fund established by the CARES Act. Under the CARES Act, the CRF is to be used to make payments for specified uses to states and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.

"COVID-19": Coronavirus Disease 2019, as referenced in the State Gubernatorial Disaster Proclamations, dated as of March 12, 2020, April 2, 2020, April 30, 2020, May 29, 2020, June 26, 2020, July 24, 2020, August 21, 2020, September 18, 2020 and, if applicable, State Gubernatorial Disaster Proclamations issued after September 18, 2020, during the EMA Program Eligibility Period, in connection with Coronavirus Disease 2019.

"CURE Fund": The State Coronavirus Urgent Remediation Emergency Fund.

"DIA": An area of the State disproportionately impacted, based primarily on positive COVID-19 cases per capita and demographic calculations performed by the Department of Commerce and Economic Opportunity and the Governor's Office of Management and Budget. DIAs are captured via zip code.

"Eligible Borrower": A resident approved for an EMA Grant under the EMA Program as set forth in Subpart B.

"Eligible Servicer": An owner of one or more units receiving or approved to receive an EMA Grant on behalf of an eligible borrower through the EMA Program set forth in Subpart C.

"EMA Grant":

A grant not to exceed $15,000 paid to an eligible servicer as a subsidy for one or more past due mortgage payments of an eligible borrower during the EMA Program eligibility period; or

The not to exceed $75,000 grant paid to a COAA to provide, as applicable, COAA Information and Outreach, COAA Client Intake, and/or COAA Mobile and Technology Network, for the benefit of persons seeking mortgage assistance from the Authority in connection with the COVID-19 pandemic.

ILLINOIS REGISTER 17466 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

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"EMA Program": The Emergency Mortgage Assistance Program.

"EMA Program Coverage Period": The portion of the EMA program eligibility period applicable to an eligible borrower.

"EMA Program Eligibility Period": March 1, 2020 through December 30, 2020, unless extended by applicable law.

"Fund": The State Coronavirus Urgent Remediation Emergency Fund created in the State Treasury.

"GATA": The Grant Accountability and Transparency Act [30 ILCS 708].

"GATU": The Grant Accountability and Transparency Unit within the Illinois Governor's Office of Management and Budget.

"Guidance": U.S. Department of the Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020, as amended from time to time.

"NEA": Non-entitlement areas within counties in the State that did not receive direct allotments from the federal Coronavirus Relief Fund, captured via zip code.

"Uniform Guidance": The abbreviated title for Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), which supersedes OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133, and the guidance in Circular A-50.

Section 301.104 Compliance with Federal and State Law EMERGENCY

Notwithstanding anything in this Part to the contrary, this Part shall be construed in conformity and compliance with applicable federal and State law, including GATA.

Section 301.105 Forms and Procedures for the EMA Program EMERGENCY

ILLINOIS REGISTER 17467 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

The Authority may prepare, use, prescribe, supplement and amend forms, agreements and other documents and procedures as may be necessary to implement the EMA Program.

Section 301.106 Fees and Charges EMERGENCY

The Authority will not charge an application fee for the EMA Program.

Section 301.107 Authority Administrative Expenses EMERGENCY

The Authority is entitled to reimbursement from the appropriation for administrative expenses incurred with respect to the EMA Program established to disburse amounts received from the Fund. Reimbursement for the Authority's administrative expenses will not exceed 10% of the appropriation.

Section 301.108 Amendment EMERGENCY

This Part may be supplemented, amended or repealed by the Authority from time to time and in a manner consistent with the Illinois Administrative Procedure Act [5 ILCS 100], this Part, the Act, and other applicable laws. This Part does not constitute or create any contractual rights.

Section 301.109 Severability EMERGENCY

If any clause, sentence, paragraph, subsection, Section or Subpart of this Part is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair or invalidate the remainder of this Part, but shall be confined in its operation to the clause, sentence, paragraph, subsection, Section or Subpart to which the judgment is rendered.

Section 301.111 Non-Discrimination EMERGENCY

Eligible servicers and COAAs shall comply with the applicable provisions of the Illinois Human Rights Act [775 ILCS 5] and the regulations promulgated under that Act, the federal Fair Housing Act (42 USC 3601), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the Illinois Environmental Barriers Act [410 ILCS 25], the Illinois Accessibility Code (71 Ill. Adm.

ILLINOIS REGISTER 17468 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

Code 400), and all other applicable State and federal law concerning discrimination and fair housing.

Section 301.113 Record Retention EMERGENCY

Eligible borrowers, eligible servicers and COAAs shall maintain copies of any records in their possession in connection with the EMA Program until December 31, 2026.

Section 301.114 Monitoring EMERGENCY

The Authority has the right to monitor all records of eligible borrowers, eligible servicers and COAAs relating to the EMA Grant. Eligible borrowers, eligible servicers and COAAs shall make all records relating to an EMA Grant available for inspection by the Authority upon the Authority's request.

Section 301.115 CARES Act/Coronavirus Relief Fund EMERGENCY

Unless different provisions are required by law or an exception is granted by GATU:

a) CRF payments are considered to be federal financial assistance subject to the Single Audit Act (31 USC 7501 through 7507) and the related provisions of the Uniform Guidance (2 CFR 200.303) regarding internal controls (2 CFR 200.330 through 200.332) regarding subrecipient monitoring and management and subpart F regarding audit requirements.

b) CRF payments are subject to the following requirements in the Uniform Guidance (2 CFR 200): 2 CFR 200.303 regarding internal controls, 2 CFR 200.330 through 200.332 regarding subrecipient monitoring and management, and 2 CFR, subpart F regarding audit requirements.

c) The CFDA number assigned to the CRF is 21.019.

d) The CRF payments to subrecipients, including COAAs, count toward the threshold of the Single Audit Act and 2 CFR 200, subpart F (audit requirements). Subrecipients are subject to a single audit or program specific audit pursuant to 2

ILLINOIS REGISTER 17469 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

CFR 200.501(a) when the subrecipients spend $750,000 or more in federal awards during their fiscal year.

e) Amounts paid from the CRF are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.

f) The CARES Act provides that payments from the CRF may only be used to cover costs that:

1) are necessary expenditures incurred due to the public health emergency with respect to COVID-19;

2) were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State; and

3) were incurred during the EMA Program eligibility period.

g) As a general matter, providing assistance to recipients to enable them to meet property tax requirements is not an eligible use of funds. Exceptions may be made in the case of assistance designed to prevent foreclosures.

h) Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations.

Section 301.116 Random Selection and Set-Asides EMERGENCY

Subject to the appropriation, the Authority will distribute EMA Grants to eligible servicers in the form of grants, in an amount not to exceed $15,000, on behalf of eligible borrowers based on randomized list generated by an independent third party. Consistent with the appropriation of dollars from the CURE Fund, priority may be shown by the Authority for applications from eligible borrowers that reside in DIAs and eligible borrowers that reside in NEAs.

SUBPART B: BORROWER REQUIREMENTS FOR EMA GRANTS

Section 301.201 Borrower Eligibility EMERGENCY

ILLINOIS REGISTER 17470 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

To qualify, and become eligible to receive an EMA Grant, borrowers must:

a) self-certify that their income prior to March 1, 2020 (pre-COVID-19) was no higher than 120% of the Area Median Income;

b) self-certify that they have experienced COVID-19 related income loss during the EMA Program eligibility period;

c) self-certify that their mortgage on their primary residence was current through February 2020;

d) self-certify that they have unpaid mortgage payments during the EMA Program eligibility period;

e) certify that they are not receiving any local or State mortgage assistance and that they are not receiving any federal mortgage assistance in connection with COVID-19 or otherwise;

f) self-certify that they have not received, nor, if they become an eligible borrower, will they apply for, other COVID-19 related mortgage assistance during the EMA Program coverage period; and

g) provide any documentation reasonably required by the Authority, including photographic identification and verification of address.

Section 301.202 Recapture EMERGENCY

EMA Grants are subject to recapture in the event of default, such as fraud on behalf of an eligible borrower or eligible servicer, failure to comply with this Part, or failure to meet any obligations under any EMA Program document.

SUBPART C: SERVICER REQUIREMENTS FOR EMA GRANTS

Section 301.301 General Requirements EMERGENCY

Prior to receiving an EMA Grant on behalf of an eligible borrower, servicers must:

ILLINOIS REGISTER 17471 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

a) Provide any documentation reasonably required by the Authority; and

b) Execute documentation evidencing their agreement to comply with the terms of any EMA Program document, including, but not limited to, this Part.

Section 301.302 Foreclosure Moratorium EMERGENCY

Prior to receiving an EMA Grant on behalf of an eligible borrower, and in order to become an eligible servicer, lenders and servicers must agree they will forgo any right to foreclose on an eligible borrower, for non-payment of their mortgage note or other fees, during the longer of:

a) the EMA Program coverage period; or

b) the date of any foreclosure moratorium established by State or Federal law.

Section 301.303 Waiver of Fees EMERGENCY

Prior to receiving an EMA Grant on behalf of an eligible borrower, and in order to become an eligible servicer, servicers must agree to waive late fees accrued by the eligible borrower during the EMA Program coverage period.

Section 301.304 Distribution of EMA Grants EMERGENCY

The Authority will distribute EMA Grants to eligible servicers, as grants on behalf of eligible borrowers, not to exceed $15,000. EMA Grants are applicable to mortgage payments and certain fees due during the EMA Program coverage period.

Section 301.305 Recapture EMERGENCY

EMA Grants are subject to recapture in the event of default, such as fraud on behalf of an eligible borrower or eligible servicer, failure to comply with this Part, or failure to meet any obligations under any EMA Program document.

SUBPART D: EMA GRANTS TO COMMUNITY OUTREACH AND ASSISTANCE AGENCIES

ILLINOIS REGISTER 17472 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

Section 301.401 Purpose EMERGENCY

EMA Grant funds allocated to a COAA are for the benefit of persons impacted by the COVID- 19 public health emergency who are interested in, or otherwise attempting to apply for, an EMA Grant.

Section 301.402 Request for Proposals EMERGENCY

The Authority shall issue a request for proposals for applications from prospective COAAs.

Section 301.403 COAA Eligibility EMERGENCY

COAAs may be housing counseling agencies, community-based organizations, or non-profit organizations. Legal assistance organizations are eligible to apply if they have experience with information and outreach, and client intake and management, procedures.

Section 301.404 Eligible Uses EMERGENCY

EMA Grant funds allocated to a COAA are for the benefit of persons, who are interested in or otherwise attempting to apply for an EMA Grant, impacted by the COVID-19 public health emergency. EMA Grant funds may be used by COAAs to offset administrative expenses incurred by the COAA providing COAA Information and Outreach, COAA Client Intake, and/or COAA Mobile and Technology Network activities.

Section 301.405 Application Requirements EMERGENCY

Each application to be a COAA under the request for applications shall include the information required by the Authority to promote efficient program administration and quality of performance.

Section 301.406 Maximum COAA EMA Grant Amounts EMERGENCY

ILLINOIS REGISTER 17473 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

The maximum EMA Grant amount available to COAAs is $75,000. The amount requested will vary based on the eligible activities the COAA applicant seeks to undertake for the benefit of persons impacted by the COVID-19 public health emergency and who are interested in, or otherwise attempting to apply for, an EMA Grant. Approved COAA EMA Grants will be based on the following funding levels:

a) COAA Information and Outreach (not to exceed $25,000);

b) COAA Information and Outreach and COAA Client Intake (not to exceed $50,000); or

c) COAA Information and Outreach, COAA Client Intake, and COAA Mobile and Technology Network (not to exceed $75,000).

Section 301.407 Distribution of COAA EMA Grants EMERGENCY

Once approved for an EMA Grant, COAAs will be eligible to receive up to one-third of the EMA Grant amount as an initial disbursement. An accounting of expenses will be required to demonstrate use of the EMA Grant funds provided in the initial disbursement. Additional EMA Grant disbursements will be made pursuant to the submission and approval of reports.

Section 301.408 Recapture EMERGENCY

EMA Grants to COAAs are subject to recapture in the event of default, such as fraud by the COAA, failure of the COAA to comply with this Part, or failure to meet any obligations of the COAA under any EMA Program document.

ILLINOIS REGISTER 17474 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

1) Heading of the Part: Emergency Rental Assistance (ERA) Program

2) Code Citation: 47 Ill. Adm. Code 379

3) Section Numbers: Emergency Actions: 379.101 New Section 379.102 New Section 379.103 New Section 379.104 New Section 379.105 New Section 379.106 New Section 379.107 New Section 379.108 New Section 379.109 New Section 379.111 New Section 379.113 New Section 379.114 New Section 379.115 New Section 379.116 New Section 379.201 New Section 379.202 New Section 379.301 New Section 379.302 New Section 379.303 New Section 379.304 New Section 379.305 New Section 379.306 New Section 379.401 New Section 379.402 New Section 379.403 New Section 379.404 New Section 379.405 New Section 379.406 New Section 379.407 New Section 379.408 New Section

4) Statutory Authority: Authorized by Section 7.19 of the Illinois Housing Development Act [20 ILCS 3805] and implementing Article 30, Sections 20 and 21 of PA 101-637.

ILLINOIS REGISTER 17475 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

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5) Effective Date of Rules: October 16, 2020

6) If these emergency rules are to expire before the end of the 150-day period, please specify the date on which they are to expire: These emergency rules will expire at the end of the 150 day period, or upon adoption of permanent rules, whichever comes first.

7) Date Filed with the Index Department: October 16, 2020

8) A copy of the emergency rules, including any material incorporated by reference, is on file in the Authority's office and is available for public inspection.

9) Reason for Emergency: Coronavirus Disease 2019 (COVID-19) is a novel severe acute respiratory illness that can spread among people through respiratory transmissions and present with symptoms similar to those of influenza. Residential evictions are contrary to the interest of preserving public health by ensuring that individuals remain in their homes during this public health emergency.

10) A Complete Description of the Subjects and Issues Involved: The State of Illinois has allocated State Coronavirus Urgent Remediation Emergency Funds to provide affordable housing grants for the benefit of persons impacted by the COVID-19 public health emergency for emergency rental assistance. The Authority has established the Emergency Rental Assistance (ERA) program to disburse funds. Approved applicants will receive a one-time grant of $5,000 of emergency rental assistance to mitigate housing instability during the period of March through December 2020. Assistance will be paid directly to property owner or landlord on behalf of the tenant. The rules also address the use of organizations to assist the Authority with community outreach and assistance in operating the ERA program.

11) Are there any rulemakings to this Part pending? No

12) Statement of Statewide Policy Objective: Rulemaking does not create or expand any State mandate.

13) Information and questions regarding these emergency rules shall be directed to:

Maureen Ohle Legal Department Illinois Housing Development Authority 111 E. Wacker Drive, Suite 1000

ILLINOIS REGISTER 17476 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

Chicago IL 60601

The full text of the Emergency Rules begins on the next page:

ILLINOIS REGISTER 17477 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY

PART 379 EMERGENCY RENTAL ASSISTANCE (ERA) PROGRAM

SUBPART A: GENERAL RULES FOR ERA GRANTS

Section 379.101 Authority EMERGENCY 379.102 Purpose and Objectives EMERGENCY 379.103 Definitions EMERGENCY 379.104 Compliance with Federal and State Law EMERGENCY 379.105 Forms and Procedures for the ERA Program EMERGENCY 379.106 Fees and Charges EMERGENCY 379.107 Authority Administrative Expenses EMERGENCY 379.108 Amendment EMERGENCY 379.109 Severability EMERGENCY 379.111 Non-Discrimination EMERGENCY 379.113 Record Retention EMERGENCY 379.114 Monitoring EMERGENCY 379.115 CARES Act/Coronavirus Relief Fund EMERGENCY 379.116 Random Selection and Set-Asides EMERGENCY

SUBPART B: TENANT REQUIREMENTS FOR ERA GRANTS

ILLINOIS REGISTER 17478 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

Section 379.201 Tenant Eligibility EMERGENCY 379.202 Recapture EMERGENCY

SUBPART C: LANDLORD REQUIREMENTS FOR ERA GRANTS

Section 379.301 Landlord Eligibility EMERGENCY 379.302 Waiver of Fees EMERGENCY 379.303 Lease Termination EMERGENCY 379.304 Eviction Moratorium EMERGENCY 379.305 Distribution of ERA Grants EMERGENCY 379.306 Recapture EMERGENCY

SUBPART D: ERA GRANTS TO COMMUNITY OUTREACH AND ASSISTANCE AGENCIES

Section 379.401 Purpose EMERGENCY 379.402 Request for Proposals EMERGENCY 379.403 COAA Eligibility EMERGENCY 379.404 Eligible Uses EMERGENCY 379.405 Application Requirements EMERGENCY 379.406 Maximum COAA ERA Grant Amounts EMERGENCY

ILLINOIS REGISTER 17479 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

379.407 Distribution of COAA ERA Grants EMERGENCY 379.408 Recapture EMERGENCY AUTHORITY: Authorized by Section 7.19 of the Illinois Housing Development Act [20 ILCS 3805] and implementing Article 30, Sections 20 and 21 of P.A. 101-0637.

SOURCE: Emergency rules adopted at 44 Ill. Reg. 17474, effective October 16, 2020, for a maximum of 150 days.

SUBPART A: GENERAL RULES FOR ERA GRANTS

Section 379.101 Authority EMERGENCY

The Illinois Housing Development Authority is the designated administrator for the Emergency Rental Assistance ("ERA") Program in Illinois, which was authorized pursuant to the appropriation set forth in Public Act 101-0637. The State received Coronavirus Relief Funds ("CRF") via the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") and established the State Coronavirus Urgent Remediation Emergency Fund to administer a portion of the State's CRF.

Section 379.102 Purpose and Objectives EMERGENCY

The purpose of the ERA Program is to use moneys appropriated from the State Coronavirus Urgent Remediation Emergency Fund, and any other funds appropriated for this purpose, to make ERA Grants to eligible landlords on behalf of eligible tenants, as defined in this Part, or to make ERA Grants to COAAs as defined in this Part.

Section 379.103 Definitions EMERGENCY

The following definitions apply to terms used in this Part:

"Act": The Illinois Housing Development Act [20 ILCS 3805].

ILLINOIS REGISTER 17480 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

"Appropriation": The appropriation of funds, from the State Coronavirus Urgent Remediation Emergency Fund to the Illinois Department of Revenue for the Authority, by the Illinois General Assembly.

"Area Median Income": The median income for a family of four, of the area in which the unit is located, as determined by the Authority (via information published by the U.S. Department of Housing and Urban Development) for each county in Illinois. For purposes of the ERA Program, the median income will be flat and will not be adjusted for family size. All zip codes are assigned a county in Illinois by utilizing the county that contains the majority of the zip code and each zip code uses the county area median income with which it is associated.

"Attorney General": The Attorney General of the State of Illinois.

"Auditor General": The Auditor General of the State of Illinois.

"Authority": The Illinois Housing Development Authority.

"CARES Act": Section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (15 USC 9001 et seq.).

"COAA": A community outreach and assistance agency receiving an ERA Grant for the benefit of persons impacted by the COVID-19 public health emergency by providing COAA Client Intake, COAA Information and Outreach, and/or COAA Mobile and Technology Network activities.

"COAA Client Intake": The COAA will assist an applicant with answering questions about the ERA Program online application process and with the ERA Program documentation upload.

"COAA Information and Outreach": The COAA will provide information about the ERA Program and will conduct ERA Program outreach.

"COAA Mobile and Technology Network": The necessary and reasonable mobile and technology network related costs, including, but not limited to, computer workstations, laptops, tablets, headsets, and relevant salary expenses, to assist Illinois residents with information and outreach, the online application process,

ILLINOIS REGISTER 17481 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES and post-closing activities, including client follow-up related to the ERA Program.

"CRF": The Coronavirus Relief Fund established by the CARES Act. Under the CARES Act, the CRF is to be used to make payments for specified uses to states and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.

"COVID-19": Coronavirus Disease 2019, as referenced in the State Gubernatorial Disaster Proclamations, dated as of March 12, 2020, April 2, 2020, April 30, 2020, May 29, 2020, June 26, 2020, July 24, 2020, August 21, 2020, September 18, 2020 and, if applicable, State Gubernatorial Disaster Proclamations issued after September 18, 2020, during the ERA Program Eligibility Period, in connection with Coronavirus Disease 2019.

"CURE Fund": The State Coronavirus Urgent Remediation Emergency Fund.

"DIA": An area of the State disproportionately impacted, based primarily on positive COVID-19 cases per capita and demographic calculations performed by the Department of Commerce and Economic Opportunity and the Governor's Office of Management and Budget. DIAs are captured via zip code.

"Eligible Landlord": An owner, or authorized management agent, of one or more units receiving or approved to receive an ERA Grant on behalf of an eligible tenant through the ERA Program set forth in Subpart C.

"Eligible Lease": A lease that meets the criteria established by the Authority as set forth in the Authority's ERA Program documents.

"Eligible Tenant": A resident approved for an ERA Grant under the ERA Program as set forth in Subpart B.

"ERA Program": The Emergency Rental Assistance Program.

"ERA Program Coverage Period": The portion of the ERA program eligibility period applicable to an eligible lease for an eligible tenant.

ILLINOIS REGISTER 17482 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

"ERA Program Eligibility Period": March 1, 2020 through December 30, 2020, unless extended by applicable law.

"ERA Grant":

The $5,000 grant paid to an eligible landlord on behalf of an eligible tenant in connection with rent incurred during the ERA Program eligibility period; or

The not to exceed $75,000 grant paid to a COAA to provide, as applicable, COAA Information and Outreach, COAA Client Intake, and/or COAA Mobile and Technology Network, for the benefit of persons seeking rental assistance from the Authority in connection with the COVID-19 pandemic.

"Fund": The State Coronavirus Urgent Remediation Emergency Fund created in the State Treasury.

"GATA": The Grant Accountability and Transparency Act [30 ILCS 708].

"GATU": The Grant Accountability and Transparency Unit within the Illinois Governor's Office of Management and Budget.

"Guidance": U.S. Department of the Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020, as amended from time to time.

"Management Agent": A company or individual authorized, pursuant to a Property Management Agreement, to lease units and collect rent on behalf of an owner.

"NEA": Non-entitlement areas within counties in the State that did not receive direct allotments from the federal Coronavirus Relief Fund, captured via zip code.

"Owner": A company or individual that holds fee title to the property where the unit is located and rented or leased by an eligible tenant.

"Property Management Agreement": A written document that describes the relationship between the owner and management agent. At a minimum, the

ILLINOIS REGISTER 17483 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

agreement will reference the address of the eligible tenant's property and that the management agent may lease and collect rent on behalf of the owner. the beginning term of the management agreement must be before the eligible tenant's application to the ERA Program. The end of the management agreement term must be after the date of the eligible tenant's application.

"Uniform Guidance": The abbreviated title for Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), which supersedes OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133, and the guidance in Circular A-50.

Section 379.104 Compliance with Federal and State Law EMERGENCY

Notwithstanding anything in this Part to the contrary, this Part shall be construed in conformity and compliance with applicable federal and State law, including GATA.

Section 379.105 Forms and Procedures for the ERA Program EMERGENCY

The Authority may prepare, use, prescribe, supplement and amend forms, agreements and other documents and procedures as may be necessary to implement the ERA Program.

Section 379.106 Fees and Charges EMERGENCY

The Authority will not charge an application fee for the ERA Program.

Section 379.107 Authority Administrative Expenses EMERGENCY

The Authority is entitled to reimbursement from the appropriation for administrative expenses incurred with respect to the ERA Program established to disburse amounts received from the Fund. Reimbursement for the Authority's administrative expenses will not exceed 10% of the appropriation.

Section 379.108 Amendment EMERGENCY

ILLINOIS REGISTER 17484 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

This Part may be supplemented, amended or repealed by the Authority from time to time and in a manner consistent with the Illinois Administrative Procedure Act [5 ILCS 100], this Part, the Act, and other applicable laws. This Part does not constitute or create any contractual rights.

Section 379.109 Severability EMERGENCY

If any clause, sentence, paragraph, subsection, Section or Subpart of this Part is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair or invalidate the remainder of this Part, but shall be confined in its operation to the clause, sentence, paragraph, subsection, Section or Subpart to which the judgment is rendered.

Section 379.111 Non-Discrimination EMERGENCY

Eligible landlords and COAAs shall comply with the applicable provisions of the Illinois Human Rights Act [775 ILCS 5] and the regulations promulgated under that Act, the federal Fair Housing Act (42 USC 3601), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the Illinois Environmental Barriers Act [410 ILCS 25], the Illinois Accessibility Code (71 Ill. Adm. Code 400), and all other applicable State and federal law concerning discrimination and fair housing.

Section 379.113 Record Retention EMERGENCY

Eligible tenants, eligible landlords and COAAs shall maintain copies of any records in their possession in connection with the ERA Program until December 31, 2026.

Section 379.114 Monitoring EMERGENCY

The Authority has the right to monitor all records of eligible tenants, eligible landlords and COAAs relating to the ERA Grant. Eligible tenants, eligible landlords and COAAs shall make all records relating to an ERA Grant available for inspection by the Authority upon the Authority's request.

Section 379.115 CARES Act/Coronavirus Relief Fund EMERGENCY

ILLINOIS REGISTER 17485 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

Unless different provisions are required by law or an exception is granted by GATU:

a) CRF payments are considered to be federal financial assistance subject to the Single Audit Act (31 USC 7501 through 7507) and the related provisions of the Uniform Guidance (2 CFR 200.303) regarding internal controls (2 CFR 200.330 through 200.332) regarding subrecipient monitoring and management and subpart F regarding audit requirements.

b) CRF payments are subject to the following requirements in the Uniform Guidance (2 CFR 200): 2 CFR 200.303 regarding internal controls, 2 CFR 200.330 through 200.332 regarding subrecipient monitoring and management, and 2 CFR, subpart F regarding audit requirements.

c) The CFDA number assigned to the CRF is 21.019.

d) The CRF payments to subrecipients, including COAAs, count toward the threshold of the Single Audit Act and 2 CFR 200, subpart F (audit requirements). Subrecipients are subject to a single audit or program specific audit pursuant to 2 CFR 200.501(a) when the subrecipients spend $750,000 or more in federal awards during their fiscal year.

e) Amounts paid from the CRF are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.

f) The CARES Act provides that payments from the CRF may only be used to cover costs that:

1) are necessary expenditures incurred due to the public health emergency with respect to COVID-19;

2) were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State; and

3) were incurred during the ERA Program eligibility period.

g) As a general matter, providing assistance to recipients to enable them to meet property tax requirements is not an eligible use of funds. Exceptions may be made in the case of assistance designed to prevent foreclosures.

ILLINOIS REGISTER 17486 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

h) Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations.

Section 379.116 Random Selection and Set-Asides EMERGENCY

Subject to the appropriation, the Authority will distribute ERA Grants to eligible landlords in the form of $5,000 grants on behalf of eligible tenants based on randomized list generated by an independent third party. Consistent with the appropriation of dollars from the CURE Fund, priority may be shown by the Authority for applications from eligible tenants that reside in DIAs and eligible tenants that reside in NEAs.

SUBPART B: TENANT REQUIREMENTS FOR ERA GRANTS

Section 379.201 Tenant Eligibility EMERGENCY

To qualify, and become eligible to receive an ERA Grant, tenants must:

a) self-certify that their income prior to March 1, 2020 (pre-COVID-19) was no higher than 80% of the Area Median Income;

b) self-certify that they have experienced COVID-19 related income loss during the ERA Program eligibility period;

c) self-certify that they have an unpaid rent balance for their primary residence incurred during the ERA Program eligibility period;

d) self-certify that they are not receiving any local or State rental assistance and that they are not receiving any federal rental assistance in connection with COVID-19 or otherwise;

e) self-certify that they have not received, nor, if they become an eligible tenant, will they apply to receive, other COVID-19 related rental assistance during the ERA Program coverage period;

f) self-certify that they understand ERA Grants cannot be made on behalf of an eligible tenant unless there is an eligible landlord; and

ILLINOIS REGISTER 17487 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

g) provide any documentation reasonably required by the Authority, including photographic identification and verification of address.

Section 379.202 Recapture EMERGENCY

ERA Grants are subject to recapture in the event of default, such as fraud on behalf of an eligible tenant or eligible landlord, failure to comply with this Part, or failure to meet any obligations under any ERA Program document.

SUBPART C: LANDLORD REQUIREMENTS FOR ERA GRANTS

Section 379.301 Landlord Eligibility EMERGENCY

Prior to receiving an ERA Grant on behalf of an eligible tenant, landlords must:

a) Provide any documentation reasonably required by the Authority, including an eligible lease, evidence of ownership and verification of address via a deed or tax bill, a W-9, a property management agreement (if acting as an agent on behalf of an owner), and a voided check.

b) Execute documentation evidencing their agreement to comply with the terms of any ERA Program document, including, but not limited to, this Part.

Section 379.302 Waiver of Fees EMERGENCY

Prior to receiving an ERA Grant on behalf of an eligible tenant, and in order to become an eligible landlord, landlords must agree to waive late fees accrued by the eligible tenant during the ERA Program coverage period.

Section 379.303 Lease Termination EMERGENCY

Prior to receiving an ERA Grant on behalf of an eligible tenant, and in order to become an eligible landlord, landlords must agree they will not terminate the lease of an eligible tenant until

ILLINOIS REGISTER 17488 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES the end of the ERA Program coverage period, or the expiration of the ERA Program eligibility period, whichever comes first.

Section 379.304 Eviction Moratorium EMERGENCY

a) Prior to receiving an ERA Grant on behalf of an eligible tenant, and in order to become an eligible landlord, landlords must agree they will forgo any right to commence or continue an eviction action against an eligible tenant, for non- payment of rent or other fees, during the longer of:

1) the eligible tenant's ERA Program coverage period; or

2) the date of any eviction moratorium established by State or federal law, including, but not limited to, any order issued by the Centers for Disease Control and Prevention.

b) This Section is not intended to limit an eligible landlord's right to evict a tenant for legally permissible reasons unrelated to the payment of rent, fees or other financial charges.

Section 379.305 Distribution of ERA Grants EMERGENCY

The Authority will distribute ERA Grants to eligible landlords in the form of $5,000 grants on behalf of eligible tenants. ERA Grants are applicable to rent incurred during the ERA Program eligibility period.

Section 379.306 Recapture EMERGENCY

ERA Grants are subject to recapture in the event of default, such as fraud on behalf of an eligible tenant or eligible landlord, failure to comply with this Part, or failure to meet any obligations under any ERA Program document.

SUBPART D: GRANTS TO COMMUNITY OUTREACH AND ASSISTANCE AGENCIES

Section 379.401 Purpose

ILLINOIS REGISTER 17489 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES

EMERGENCY

ERA Grant funds allocated to a COAA are for the benefit of persons impacted by the COVID-19 public health emergency who are interested in, or otherwise attempting to apply for, an ERA Grant.

Section 379.402 Request for Proposals EMERGENCY

The Authority shall issue a request for proposals for applications from prospective COAAs.

Section 379.403 COAA Eligibility EMERGENCY

COAAs may be housing counseling agencies, community-based organizations, or non-profit organizations. Legal assistance organizations are eligible to apply if they have experience with information and outreach, and client intake and management, procedures.

Section 379.404 Eligible Uses EMERGENCY

ERA Grant funds allocated to a COAA are for the benefit of persons, who are interested in or otherwise attempting to apply for an ERA Grant, impacted by the COVID-19 public health emergency. ERA Grant funds may be used by COAAs to offset administrative expenses incurred by the COAA providing COAA Information and Outreach, COAA Client Intake, and/or COAA Mobile and Technology Network activities.

Section 379.405 Application Requirements EMERGENCY

Each application to be a COAA under the request for applications shall include the information required by the Authority to promote efficient program administration and quality of performance.

Section 379.406 Maximum COAA ERA Grant Amounts EMERGENCY

The maximum ERA Grant amount available to COAAs is $75,000. The amount requested will vary based on the eligible activities the COAA applicant seeks to undertake for the benefit of

ILLINOIS REGISTER 17490 20 ILLINOIS HOUSING DEVELOPMENT AUTHORITY

NOTICE OF EMERGENCY RULES persons impacted by the COVID-19 public health emergency and who are interested in, or otherwise attempting to apply for, an ERA Grant. Approved COAA ERA Grants will be based on the following funding levels:

a) COAA Information and Outreach (not to exceed $25,000);

b) COAA Information and Outreach and COAA Client Intake (not to exceed $50,000); or

c) COAA Information and Outreach, COAA Client Intake, and COAA Mobile and Technology Network (not to exceed $75,000).

Section 379.407 Distribution of COAA ERA Grants EMERGENCY

Once approved for an ERA Grant, COAAs will be eligible to receive up to one-third of the ERA Grant amount as an initial disbursement. An accounting of expenses will be required to demonstrate use of the ERA Grant funds provided in the initial disbursement. Additional ERA Grant disbursements will be made pursuant to the submission and approval of reports.

Section 379.408 Recapture EMERGENCY

ERA Grants to COAAs are subject to recapture in the event of default, such as fraud by the COAA, failure of the COAA to comply with this Part, or failure to meet any obligations of the COAA under any ERA Program document.

ILLINOIS REGISTER 17491 20 STATE BOARD OF EDUCATION

NOTICE OF REQUEST FOR EXPEDITED CORRECTION

1) Heading of the Part: Registered Apprenticeship Program

2) Code Citation: 23 Ill. Adm. Code 255

3) Section Number: 255.200

4) Date Proposal published in Illinois Register: 44 Ill. Reg. 4553; March 20, 2020

5) Date Adoption published in Illinois Register: 44 Ill. Reg. 14799; September 11, 2020

6) Summary and Purpose of Expedited Correction: In Section 255.200(b)(4), the word "unless" should be replaced with "if"; this was a clerical error and needs to be fixed as the Section does not function without this change.

7) Information and questions regarding this request shall be directed to:

Azita Kakvand Agency Rules Coordinator State Board of Education 100 North First Street Springfield IL 62777

217/782-6510

The full text of the Expedited Correction begins on the next page:

ILLINOIS REGISTER 17492 20 STATE BOARD OF EDUCATION

NOTICE OF REQUEST FOR EXPEDITED CORRECTION

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER g: SPECIAL COURSES OF STUDY

PART 255 REGISTERED APPRENTICESHIP PROGRAM

Section 255.100 Definitions 255.200 Registered Apprenticeship Program

AUTHORITY: Implementing Section 2-3.175 of the School Code [105 ILCS 5].

SOURCE: Adopted at 44 Ill. Reg. 14799, effective August 27, 2020; expedited correction at 44 Ill. Reg. ______, effective August 27, 2020.

Section 255.200 Registered Apprenticeship Program

a) Each school district that maintains any of grades 9 through 12 may adopt a policy to allow a student of any high school who is 16 years of age or older to participate in a registered apprenticeship program.

b) A school district that chooses to adopt a policy under this Section shall include all of the following in that policy:

1) Allowing a student enrolled in a registered apprenticeship program to satisfy one or more high school courses or academic graduation requirements by successfully completing the program.

2) A definition of a registered apprenticeship program that meets the criteria outlined in Section 255.100.

3) Opportunities for students enrolled in a registered apprenticeship program to earn postsecondary credit toward a certificate or degree, as applicable.

4) Language confirming that successful completion of a registered apprenticeship program may be substituted for a required course or academic graduation requirement under any policy adopted by a school

ILLINOIS REGISTER 17493 20 STATE BOARD OF EDUCATION

NOTICE OF REQUEST FOR EXPEDITED CORRECTION

board under this Section ifunless the student's parent or guardian approves the substitution in writing on a form that the school district makes available on its website.

5) A waiver of all non-academic requirements mandated for graduation from high school under the Code that would otherwise prohibit or prevent a student from participating in the registered apprenticeship program (Section 2-3.175 of the Code). c) A school district that chooses to adopt a policy under this Section shall:

1) Post the policy on its website for students, parents, and members of the business and industry community to access; and

2) Notify students and parents of the opportunities for registered apprenticeships. At a minimum, a school district must provide this notification through the school district's website and the school handbook. This notification must include:

A) a statement that a student may participate in any registered apprenticeship program listed by the school district; and

B) a statement that a student may find a registered, but not listed, apprenticeship program with a business or organization, if a registered apprenticeship program is not offered in the school district. d) A school district shall identify, and submit to the State Board through the Student Information System (see 23 Ill. Adm. Code 1.75), data on those students who are participating in a registered apprenticeship program. e) A school district shall identify and attempt to eliminate any barriers to student participation in a registered apprenticeship. f) If a school district awards endorsements under the Postsecondary and Workforce Readiness Act [110 ILCS 148], the registered apprenticeship program must be included in the Career Pathway Endorsement.

ILLINOIS REGISTER 17494 20 STATE BOARD OF EDUCATION

NOTICE OF REQUEST FOR EXPEDITED CORRECTION

(Source: Added at 44 Ill. Reg. 14799, effective August 27, 2020; expedited correction at 44 Ill. Reg. ______, effective August 27, 2020)

ILLINOIS REGISTER 17495 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED

The following second notices were received during the period of October 14, 2020 through October 19, 2020. These rulemakings are scheduled for the November 17, 2020 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 Start JCAR Notice of First Meeting Expires Agency and Rule Notice

11/27/20 Illinois Community College Board, 8/14/20 11/17/20 Administration of the Illinois Public 44 Ill. Reg. Community College Act (23 Ill. Adm. Code 13177 1501)

11/28/20 Department of Agriculture, Illinois Dead 8/14/20 11/17/20 Animal Disposal Act (8 Ill. Adm. Code 90) 44 Ill. Reg. 13156

12/2/20 Department of Financial and Professional 3/20/20 11/17/20 Regulation, Nurse Practice Act (68 Ill. 44 Ill. Reg. Adm. Code 1300) 4158

ILLINOIS REGISTER 17496 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

STATEMENT OF RECOMMENDATION TO PROPOSED RULEMAKING

ILLINOIS COMMUNITY COLLEGE BOARD

Heading of the Part: Administration of the Illinois Public Community College Act

Code Citation: 23 Ill. Adm. Code 1501

Section Numbers: 1501.801 1501.803 1501.804

Date Originally Published in the Illinois Register: 6/26/20 44 Ill. Reg. 10855

At its meeting on October 14, 2020, the Joint Committee on Administrative Rules considered the above-referenced rulemaking and recommended that ICCB be more timely in implementing statute in rule. One of the underlying statutes, PA 99-482, became effective in 2015.

The agency should respond to this Recommendation in writing within 90 days after receipt of this Statement. Failure to respond will constitute refusal to accede to the Committee's Recommendation. The agency's response will be placed on the JCAR agenda for further consideration.

ILLINOIS REGISTER 17497 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

STATEMENT OF RECOMMENDATION TO PROPOSED RULEMAKING

DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

Heading of the Part: Hospital Services

Code Citation: 89 Ill. Adm. Code 148

Section Numbers: 148.50 148.122 148.190

Date Originally Published in the Illinois Register: 6/12/20 44 Ill. Reg. 10065

At its meeting on October 14, 2020, the Joint Committee on Administrative Rules considered the above-referenced rulemaking and recommended that HFS be more timely in implementing statutory changes in its rules. PA 101-265 required HFS to implement, by rule, its payment methodology for hospital long-term care days by 10/1/19.

The agency should respond to this Recommendation in writing within 90 days after receipt of this Statement. Failure to respond will constitute refusal to accede to the Committee's Recommendation. The agency's response will be placed on the JCAR agenda for further consideration.

ILLINOIS REGISTER 17498 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

STATEMENT OF OBJECTION TO EMERGENCY RULEMAKING

EDUCATIONAL LABOR RELATIONS BOARD

Heading of the Part: General Procedures

Code Citation: 80 Ill. Adm. Code 1100

Section Numbers: 1100.20

Date Originally published in the Illinois Register: 9/25/20 44 Ill. Reg. 15998

At its meeting on October 14, 2020, the Joint Committee on Administrative Rules objected to the Educational Labor Relations Board's use of emergency rulemaking to adopt rules titled General Procedures (80 Ill. Adm. Code 1100; 44 Ill. Reg. 15998 - 9/25/20) because it allows service of documents by email when that is not one of the three acceptable methods for service specified in Section 5(h) of the Illinois Educational Labor Relations Act [115 ILCS 5].

Failure of the agency to respond within 90 days after receipt of the Statement of Objection shall be deemed a refusal. The agency's response will be placed on the JCAR agenda for further consideration.

ILLINOIS REGISTER 17499 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

STATEMENT OF OBJECTION TO ADOPTED RULEMAKING

TORTURE INQUIRY AND RELIEF COMMISSION

Heading of the Part: Organization, Public Information, Procedures and Rulemaking

Code Citation: 2 Ill. Adm. Code 3500

Section Numbers: 3500.325 3500.350

Date Originally published in the Illinois Register: 8/14/20 44 Ill. Reg. 13427

At its meeting on 10/14/20, the Joint Committee on Administrative Rules objected to the Commission's inappropriate use of the required rulemaking process. Sec. 5-15 of the IAPA permits the use of required rules when nonsubstantive organizational changes are needed. The adopted rulemaking made substantive changes in policy, which should be enacted through the proposed rulemaking process.

ILLINOIS REGISTER 17500 20 DEPARTMENT OF REVENUE

NOTICE OF PUBLIC INFORMATION

1. Statute requiring agency to publish information concerning Private Letter Rulings and General Information Letters in the Illinois Register:

Name of Act: Illinois Department of Revenue Sunshine Act Citation: 20 ILCS 2515/1

2. Summary of information:

Index of Department of Revenue Income Tax Private Letter Rulings and General Information Letters issued for the Third Quarter of 2020. Private letter rulings are issued by the Department in response to specific taxpayer inquiries concerning the application of a tax statute or rule to a particular fact situation. Private letter rulings are binding on the Department only as to the taxpayer who is the subject of the request for ruling. (See 2 Ill. Adm. Code 1200.110) General information letters are issued by the Department in response to written inquiries from taxpayers, taxpayer representatives, business, trade, industrial associations or similar groups. General information letters contain general discussions of tax principles or applications. General information letters are designed to provide general background information on topics of interest to taxpayers. General information letters do not constitute statements of agency policy that apply, interpret, or prescribe tax laws administered by the Department. General information letters may not be relied upon by taxpayers in taking positions with reference to tax issues and create no rights for taxpayers under the Taxpayers' Bill of Rights Act. (See 2 Ill. Adm. Code 1200.120)

The letters are listed numerically, are identified as either a General Information Letter or a Private Letter Ruling and are summarized with a brief synopsis under the following subjects:

Base Income Credit

Copies of the ruling letters themselves are available for inspection and may be purchased for a minimum of $1.00 per opinion plus 50¢ per page for each page over one. Copies of the ruling letters may be downloaded free of charge from the Department's World Wide Web site at www.tax.illinois.gov/.

The annual index of Sales and Excise Tax letter rulings (all four quarters) is available for $3.00.

ILLINOIS REGISTER 17501 20 DEPARTMENT OF REVENUE

NOTICE OF PUBLIC INFORMATION

3. Name and address of person to contact concerning this information:

Rachel Neal Legal Services Office 101 West Jefferson Street Springfield, Illinois 62794 Telephone: (217) 782-2844

ILLINOIS REGISTER 17502 20 DEPARTMENT OF REVENUE

NOTICE OF PUBLIC INFORMATION

2020 THIRD QUARTER INCOME TAX SUNSHINE INDEX

BASE INCOME

IT 20-0010-GIL 08/19/2020 No Modifications are Allowed except as Expressly Provided. (This is a GIL).

REFUNDS

IT 20-0011-GIL 05/06/2020 Credit of Overpayment to Liabilities. Overpayments will be applied to pre-existing liabilities before being credited toward a current liability. (This is a GIL.)

ILLINOIS REGISTER 17503 20 DEPARTMENT OF REVENUE

NOTICE OF PUBLIC INFORMATION

1. Statute requiring agency to publish information concerning Private Letter Rulings and General Information Letters in the Illinois Register:

Name of Act: Illinois Department of Revenue Sunshine Act Citation: 20 ILCS 2515/1

2. Summary of information:

Index of Department of Revenue Sales and Miscellaneous Tax Private Letter Rulings and General Information Letters issued for the Third Quarter of 2020. Private letter rulings are issued by the Department in response to specific taxpayer inquiries concerning the application of a tax statute or rule to a particular fact situation. Private letter rulings are binding on the Department only as to the taxpayer who is the subject of the request for ruling. (See 2 Ill. Adm. Code 1200.110) General information letters are issued by the Department in response to written inquiries from taxpayers, taxpayer representatives, business, trade, industrial associations or similar groups. General information letters contain general discussions of tax principles or applications. General information letters are designed to provide general background information on topics of interest to taxpayers. General information letters do not constitute statements of agency policy that apply, interpret, or prescribe tax laws administered by the Department. General information letters may not be relied upon by taxpayers in taking positions with reference to tax issues and create no rights for taxpayers under the Taxpayers' Bill of Rights Act. (See 2 Ill. Adm. Code 1200.120)

The letters are listed numerically, are identified as either a General Information Letter or a Private Letter Ruling and are summarized with a brief synopsis under the following subjects:

Construction Contractors Manufacturing, Machinery & Equipment Food, Drug & Medical Appliances Nexus Gross Receipts Use Tax Use Tax

Copies of the ruling letters themselves are available for inspection and may be purchased for a minimum of $1.00 per opinion plus 50¢ per page for each page over one. Copies of the ruling letters may be downloaded free of charge from the Department's Web site at www.tax.illinois.gov/.

ILLINOIS REGISTER 17504 20 DEPARTMENT OF REVENUE

NOTICE OF PUBLIC INFORMATION

The annual index of Sales and Excise Tax letter rulings (all four quarters) is available for $3.00.

3. Name and address of person to contact concerning this information:

Rachel Neal Legal Services Office 101 West Jefferson Street Springfield IL 62794 Telephone: (217) 782-2844

ILLINOIS REGISTER 17505 20 DEPARTMENT OF REVENUE

NOTICE OF PUBLIC INFORMATION

2020 THIRD QUARTER SALES & MISCELLANEOUS TAX SUNSHINE INDEX

CONSTRUCTION CONTRACTORS

ST 20-0014-GIL 09/30/2020 When a construction contractor permanently affixes tangible personal property to real property, the contractor is deemed the end user of that tangible personal property. As the end user, the contractor incurs Use Tax on the cost price of that tangible personal property. See 86 Ill. Adm. Code 130.1940 and 86 Ill. Adm. Code 130.2075. (This is a GIL.)

FOOD, DRUGS & MEDICAL APPLIANCES

ST 20-0015-GIL 09/30/2020 This letter discusses food products made from industrial hemp. 86 Ill. Adm. Code 130.310. (This is a GIL.)

GROSS RECEIPTS

ST 20-0016-GIL 02/20/2020 This letter explains the taxation of transportation and delivery charges applied to deliveries of rock (see 86 Ill. Adm. Code 130.415). (This is a GIL.)

MANUFACTURING MACHINERY & EQUIPMENT

ST 20-0005-PLR 09/03/2020 This letter discusses the machinery and equipment exemption. 35 ILCS 120/2-5(14); 86 Ill. Adm. Code 130.330(a). (This is a PLR.).

NEXUS

ST 20-0017-GIL 05/18/2020 This letter responds to a questionnaire regarding nexus. See South Dakota v. Wayfair, Inc., 138 S. Ct. 2080 (2018). (This is a GIL.)

ILLINOIS REGISTER 17506 20 DEPARTMENT OF REVENUE

NOTICE OF PUBLIC INFORMATION

USE TAX

ST 20-0013-GIL 07/27/2020 This letter discusses out-of-state and remote retailers. 86 Ill. Adm. Code 150.803; 35 ILCS 120/2. (This is a GIL.)

ILLINOIS REGISTER 17507 20 EXECUTIVE ORDER

2020-59 EXECUTIVE ORDER 2020-59 (COVID-19 EXECUTIVE ORDER NO. 55)

WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused extraordinary sickness and loss of life, infecting over 335,000 and growing, and taking the lives of thousands of residents; and,

WHEREAS, as Illinois adapts and responds to the public health disaster caused by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through respiratory transmissions and that continues to be without an effective treatment or vaccine, the burden on residents, healthcare providers, first responders, and governments throughout the State is unprecedented; and,

WHEREAS, at all times but especially during a public health crisis, protecting the health and safety of Illinoisans is among the most important functions of State government; and,

WHEREAS, public health research and guidance indicates the necessity and efficacy of wearing cloth face coverings in public settings where social distancing measures are difficult to maintain, and indicates that the risk of transmission outdoors is less than the risk of transmission indoors; and,

WHEREAS, public health guidance advises that minimizing physical interactions between people who do not reside in the same household is critical to slowing the spread of COVID-19; and,

WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster Proclamations, the circumstances causing a disaster throughout the State have changed and continue to change, making definitive predictions of the course the virus will take over the coming months extremely difficult; and,

WHEREAS, access to housing helps prevent spread of COVID-19 because individuals with housing are able to minimize physical contact with those outside their households; and,

WHEREAS, temporarily halting eviction proceedings avoids numerous interactions associated with being evicted, including with law enforcement officers, courtroom personnel, landlords, movers, and friends and family who agree to provide temporary housing, as well as, for those who are forced into homelessness, the interactions associated with taking refuge in a shelter; and,

WHEREAS, preventing spread by temporarily halting eviction proceedings thus also prevents spread of COVID-19 in the broader community; and,

ILLINOIS REGISTER 17508 20 EXECUTIVE ORDER

WHEREAS, in addition to causing the tragic loss of more than 9,150 Illinoisans and wreaking havoc on the physical health of tens of thousands more, COVID-19 has caused extensive economic loss and continues to threaten the financial welfare of a significant number of individuals and businesses across the nation and the State; and,

WHEREAS, on October 16, 2020, considering the expected continuing spread of COVID-19 and the ongoing health and economic impacts that that will be felt over the coming month by people across the State, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, in response to the epidemic emergency and public health emergency described above, I find it necessary to re-issue Executive Orders 2020-03, 2020-04, 2020-07, 2020-08, 2020-09, 2020-11, 2020-12, 2020-15, 2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23, 2020-24, 2020-25, 2020-26, 2020-27, 2020-28, 2020-29, 2020-30, 2020-34, 2020-35, 2020-36, 2020-41, 2020-42, 2020-43, 2020-45, 2020-47, 2020-50, 2020-53, 2020-56, and 2020-57 and hereby incorporate the WHEREAS clauses of those Executive Orders;

THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to the Illinois Constitution and Sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public health laws, I hereby order the following, effective October 16, 2020:

Part 1: Re-Issue of Executive Orders.

Executive Orders 2020-03, 2020-04, 2020-07, 2020-08, 2020-09, 2020-11, 2020-12, 2020-15, 2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23, 2020-24, 2020-25, 2020-26, 2020-27, 2020-28, 2020-29, 2020-30, 2020-34, 2020-35, 2020-36, 2020-41, 2020-42, 2020-43, 2020-45, 2020-47, 2020-50, 2020-53, 2020-56, and 2020-57 hereby are re-issued by this Executive Order 2020-59 as follows:

Executive Order 2020-04 (Closure of James R. Thompson Center; waiver of sick leave requirement for State employees):

Sections 2 and 3 of Executive Order 2020-04 are re-issued and extended through November 14, 2020. Nothing in Section 2 precludes the Department of Central Management Services from designating specific points of ingress and egress and controlling traffic flow in the James R. Thompson Center for State employees, members of the public attending to State business, and members of the public patronizing the businesses and food court.

Executive Order 2020-07 (In-person meeting requirements):

ILLINOIS REGISTER 17509 20 EXECUTIVE ORDER

Section 6 of Executive Order 2020-07, as amended by Executive Order 2020-33 and Executive Order 2020-44, is re-issued and extended through November 14, 2020.

Executive Order 2020-08 (Secretary of State operations):

Sections 3, 4, and 5 of Executive Order 2020-08, as amended by Executive Order 2020- 39 and Executive Order 2020-44, are re-issued and extended through November 14, 2020.

Executive Order 2020-09 (Telehealth):

Executive Order 2020-09, as amended by Executive Order 2020-52, is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-11 (Illinois Department of Corrections notification period):

Section 4 of Executive Order 2020-11 is re-issued and extended through November 14, 2020.

Executive Order 2020-12 (Health care worker background checks; Illinois Department of Juvenile Justice notification period):

Sections 1 and 3 of Executive Order 2020-12 are re-issued and extended through November 14, 2020.

Executive Order 2020-15 (Suspending provisions of the Illinois School Code):

Sections 5, 6, 7, 8, and 9 of Executive Order 2020-15 are re-issued and extended through November 14, 2020.

Executive Order 2020-16 (Suspension of classroom training requirement for security services):

Section 2 of Executive Order 2020-16 is re-issued and extended through November 14, 2020.

Executive Orders 2020-03 and 2020-17 (Cannabis deadlines and applications):

Executive Orders 2020-03 and 2020-17, as modified by Executive Order 2020-18, are re- issued and shall remain in effect as specified by Executive Order 2020-18.

ILLINOIS REGISTER 17510 20 EXECUTIVE ORDER

Executive Order 2020-20 (Public assistance requirements):

Executive Order 2020-20 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-21 (Furlough of Illinois Department of Corrections inmates):

Executive Order 2020-21 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-22 (Placements under the Child Care Act of 1969; fingerprint submissions under Health Care Worker Background Check Act):

Sections 4, 5, and the Savings Clause of Executive Order 2020-22 are re-issued and extended through November 14, 2020.

Executive Order 2020-23 (Actions by the Illinois Department of Financial and Professional Regulation for licensed professionals engaged in disaster response):

Executive Order 2020-23 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-24 (Illinois Department of Human Services Forensic Treatment Program; investigations of Illinois Department of Human Services employees):

Executive Order 2020-24 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-25 (Garnishment and wage deductions):

Executive Order 2020-25, as amended by Executive Order 2020-55, is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-26 (Hospital capacity):

Sections 2(e), 6, 7, 8, 9, and 10 of Executive Order 2020-26 are re-issued and extended through November 14, 2020.

Executive Order 2020-27 (Cadavers testing positive for COVID-19):

ILLINOIS REGISTER 17511 20 EXECUTIVE ORDER

Executive Order 2020-27 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-28 (Industrial radiography certifications):

Executive Order 2020-28, as amended by Executive Order 2020-55, is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-29 (In-person education or exams for professional insurance licenses):

Executive Order 2020-29 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-30 (Filing of residential eviction actions; enforcement of residential eviction orders; expired consular identification documents; electronic filings for the Illinois Human Rights Commission):

Executive Order 2020-30, as amended by Executive Order 2020-48 and Executive Order 2020-52, is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-34 (Cannabis requirements):

Executive Order 2020-34 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-35 (Illinois Department of Public Health regulatory activities):

Sections 14, 15, 16, and 17 of Executive Order 2020-35 are re-issued and extended through November 14, 2020.

Executive Order 2020-36 (Marriage licenses):

Executive Order 2020-36 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-41 (Sports wagering):

ILLINOIS REGISTER 17512 20 EXECUTIVE ORDER

Executive Order 2020-41 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-42 (State Fairs):

Executive Order 2020-42 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-43 (Phase 4 Community Revitalization Order):

Executive Order 2020-43, as amended by Executive Order 2020-55 and as further amended and revised below, is re-issued in its entirety and extended through November 14, 2020. b. Requirements for retail stores. Retail stores must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which include: ▪ provide face coverings to all employees who are not able to maintain a minimum six-foot social distance from customers and other employees at all times; ▪ cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limits based on store square footage set by the Department of Commerce and Economic Opportunity; and ▪ communicate with customers through in-store signage, and public service announcements and advertisements, about the social distancing and face covering requirements set forth in this Order.; and ▪ discontinue use of reusable bags.

Executive Order 2020-45 (Cannabis licenses):

Executive Order 2020-45 is re-issued in its entirety and shall remain in effect as specified by Executive Order 2020-45.

Executive Order 2020-47 (In-person instruction at preK-12 schools):

Executive Order 2020-47 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-50 (Resuming transfers from county jails to Illinois Department of Corrections):

ILLINOIS REGISTER 17513 20 EXECUTIVE ORDER

Executive Order 2020-50 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-53 (Region 7 mitigations):

Executive Order 2020-53 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-56 (Region 1 mitigations):

Executive Order 2020-56 is re-issued in its entirety and extended through November 14, 2020.

Executive Order 2020-57 (Cannabis identification cards):

Executive Order 2020-57 is re-issued in its entirety and extended through November 14, 2020.

Part 2: Savings Clause. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable.

Issued by the Governor October 16, 2020 Filed by the Secretary of State October 16, 2020

ILLINOIS REGISTER 17514 20 PROCLAMATION

2020-63 Gubernatorial Disaster Proclamation

WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused extraordinary sickness and loss of life, infecting over 335,000 and growing, and taking the lives of thousands of residents; and,

WHEREAS, at all times but especially during a public health crisis, protecting the health and safety of Illinoisans is among the most important functions of State government; and,

WHEREAS, it is critical that Illinoisans who become sick have access to necessary care from medical professionals, including hospital beds, emergency room beds, or ventilators if needed; and,

WHEREAS, it is also critical that the State’s health care and first responder workforce has adequate personal protective equipment (PPE) to safely treat patients, respond to public health disasters, and prevent the spread of communicable diseases; and,

WHEREAS, as Illinois adapts and responds to the public health disaster caused by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through respiratory transmissions and that continues to be without an effective treatment or vaccine, the burden on residents, healthcare providers, first responders, and governments throughout the State is unprecedented; and,

WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern on January 30, 2020, and the United States Secretary of Health and Human Services declared that COVID-19 presents a public health emergency on January 27, 2020; and,

WHEREAS, on March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic, and has now reported nearly 40 million confirmed cases of COVID-19 and nearly 1.1 million deaths attributable to COVID-19 globally; and,

WHEREAS, despite efforts to contain COVID-19, the World Health Organization and the federal Centers for Disease Control and Prevention (CDC) indicated that the virus was expected to continue spreading and it has, in fact, continued to spread rapidly, resulting in the need for federal and State governments to take significant steps; and,

WHEREAS, on March 9, 2020, I, JB Pritzker, Governor of Illinois, declared all counties in the State of Illinois as a disaster area in response to the outbreak of COVID-19; and,

ILLINOIS REGISTER 17515 20 PROCLAMATION

WHEREAS, on March 13, 2020, the President declared a nationwide emergency pursuant to Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the “Stafford Act”), covering all states and territories, including Illinois; and,

WHEREAS, on March 26, 2020, the President declared a major disaster in Illinois pursuant to Section 401 of the Stafford Act; and,

WHEREAS, on April 1, 2020, due to the exponential spread of COVID-19 in Illinois, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on April 30, 2020, due to the continued spread of COVID-19 in Illinois, the threatened shortages of hospital beds, ER beds, and ventilators, and the inadequate testing capacity, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on May 29, 2020, due to the continued spread of COVID-19 in Illinois, and the resulting health and economic impacts of the virus, and the need to increase testing capacity, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on June 26, 2020, due to the further spread of COVID-19 in Illinois, the continuing health and economic impacts of the virus, and the need to continue to increase testing capacity and preserve our progress against the disease, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on July 24, 2020, due to the resurgence of COVID-19 in Illinois, the continuing health and economic impacts of the virus, and the need to continue to increase testing capacity and preserve our progress against the disease, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on August 21, 2020, due to the resurgence of COVID-19 in Illinois, the continuing health and economic impacts of the virus, and the need to continue to increase testing capacity and preserve our progress against the disease, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on September 18, 2020, due to the resurgence of COVID-19 in Illinois, the continuing health and economic impacts of the virus, and the need to continue to increase testing capacity and preserve our progress against the disease, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, as circumstances surrounding COVID-19 rapidly evolve and new evidence emerges, there have been frequent changes in information and public health guidance; and,

ILLINOIS REGISTER 17516 20 PROCLAMATION

WHEREAS, the unprecedented nature of COVID-19, including the health consequences it has on not just the respiratory system but the heart, brain, kidneys, and the body’s immune response, has made the virus’s effects and its path difficult to predict; and,

WHEREAS, from the outset, data suggested that older adults and those with serious underlying health conditions are more likely to experience severe and sometimes fatal complications from COVID-19; and,

WHEREAS, emerging evidence has shown that young people, including infants and toddlers, are also at risk of such complications; and,

WHEREAS, young and middle-aged people have comprised a significant proportion of new COVID-19 cases and hospitalized COVID-19 patients, and there is evidence that COVID-19 causes blood clots and strokes, and has caused deadly strokes in young and middle-aged people who exhibited few symptoms; and,

WHEREAS, the understanding of spread from infected individuals who have not shown symptoms has changed and, on April 12, 2020, the CDC changed the period of exposure risk from “onset of symptoms” to “48 hours before symptom onset”; and,

WHEREAS, some people infected by the virus remain asymptomatic but nonetheless may spread it to others; and,

WHEREAS, although the CDC initially recommended against wearing cloth face coverings or masks as protection, as a result of research on asymptomatic and pre-symptomatic transmission, the CDC revised its conclusions and recommends wearing cloth face coverings in public settings where social distancing measures are difficult to maintain; and,

WHEREAS, public health research and guidance now indicates the necessity and efficacy of wearing cloth face coverings in public settings where social distancing measures are difficult to maintain, and indicates that the risk of transmission outdoors is less than the risk of transmission indoors; and,

WHEREAS, public health guidance advises that minimizing physical interactions between people who do not reside in the same household is critical to slowing the spread of COVID-19; and,

WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster Proclamations, the circumstances causing a disaster throughout the State have changed and continue to change, making definitive predictions of the course the virus will take over the coming months extremely difficult; and,

ILLINOIS REGISTER 17517 20 PROCLAMATION

WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, there were 11 confirmed cases of COVID-19 in one Illinois county; and,

WHEREAS, as of today, there have been over 335,000 confirmed cases of COVID-19 in all 102 Illinois counties; and,

WHEREAS, the first death attributed to COVID-19 in Illinois was announced on March 17, 2020; and,

WHEREAS, as of today, October 16, 2020, more than 9,150 residents of Illinois have died due to COVID-19; and,

WHEREAS, from the outset, studies have suggested that for every confirmed case there are many more unknown cases, some of which are asymptomatic individuals who can pass the virus to others without knowing; and,

WHEREAS, the CDC estimates that total cases of COVID-19 may be up to 13 times higher than currently reported for certain regions; and,

WHEREAS, the number of new COVID-19 cases in the State has remained too high over the past several weeks, and the virus continues to infect thousands of individuals and claim the lives of too many Illinoisans each day; and,

WHEREAS, the COVID-19 pandemic is not limited to the most populous counties, and as of today the thirty-four counties that the Illinois Department of Public Health has identified as exhibiting warning signs of increased COVID-19 risk (Adams, Alexander, Boone, Cass, Christian, Clay, Clinton, Crawford, DeKalb, DeWitt, Jasper, Jefferson, Jo Daviess, Johnson, Kane, Lee, Macon, McDonough, McHenry Mercer, Monroe, Pike, Pulaski, Randolph, Saline, Stephenson, Union, Vermilion, Warren, Washington, Wayne, Whiteside, Will, Winnebago) are located in all parts of the State; and,

WHEREAS, without precautions COVID-19 can spread exponentially, even in less populous areas; for example, in Jasper County, a single infected first responder visited a nursing home and instigated series of infections that resulted in one of highest infection rates in the State; and similarly, in Randolph County, a single infected person attended an event in mid-March that caused that county likewise to suffer one of the State’s highest infection rates; and,

WHEREAS, numerous counties all around the State have reported more than 75 cases per 100,000 people over the past 7 days; and,

ILLINOIS REGISTER 17518 20 PROCLAMATION

WHEREAS, the State and the Illinois Department of Public Health have developed a mitigation plan to trigger additional precautions when regions meet certain risk levels; and,

WHEREAS, while the precautions taken by Illinoisans have slowed the growth of COVID-19 cases and deaths in the State, other states that have resisted taking public health precautions or that lifted those precautions earlier experienced exponential growth and record high numbers of cases; and,

WHEREAS, the U.S. has surpassed 8 million total cases and nearly 220,000 deaths; and,

WHEREAS, public health experts have warned of additional waves of COVID-19 cases; and,

WHEREAS, COVID-19 has claimed the lives of and continues to impact the health of Black and Hispanic Illinoisans at a disproportionately high rate – magnifying significant health disparities and inequities; and,

WHEREAS, the Illinois Department of Public Health activated its Illinois Emergency Operations Plan and its Emergency Support Function 8 Plan to coordinate emergency response efforts by hospitals, local health departments, and emergency management systems in order to avoid a surge in the use of hospital resources and capacity; and,

WHEREAS, as the virus has progressed through Illinois, the crisis facing the State continues to develop and requires an evolving response to ensure hospitals, health care professionals and first responders are able to meet the health care needs of all Illinoisans and in a manner consistent with CDC guidance that continues to be updated; and,

WHEREAS, in order to ensure that health care professionals, first responders, hospitals and other facilities are able to meet the health care needs of all residents of Illinois, the State must have critical supplies, including PPE, such as masks, face shields, gowns, and gloves; and,

WHEREAS, the State of Illinois maintains a stockpile that supports the existing PPE supply chains and stocks at various healthcare facilities; and,

WHEREAS, while the State continues to make every effort to procure PPE, if those procurement efforts are disrupted or Illinois experiences a surge in COVID-19 cases, the State faces a life-threatening shortage of respirators, masks, protective eyewear, face shields, gloves, gowns, and other protective equipment for health care workers and first responders; and,

WHEREAS, while hospitalizations declined from the peak and stabilized, but now are rising again; and Illinois is using a significant percentage of hospital beds and ICU beds; and, if

ILLINOIS REGISTER 17519 20 PROCLAMATION

COVID-19 cases were to surge, the State could face a shortage of critical health care resources; and,

WHEREAS, over the course of the COVID-19 crisis, the State has been constrained in the number of COVID-19 tests that can be taken and processed due to a limited number of testing sites and labs, as well as a shortage of necessary supplies, including the swabs needed to take samples; and,

WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, Illinois had capacity to test no more than a few hundred people per day for COVID-19 at a small number of testing sites; and,

WHEREAS, the State has developed testing sites throughout Illinois and now routinely exceeds 60,000 tests per day, and the State continues to focus efforts on increasing testing capacity; and,

WHEREAS, Illinois now has tested more than 6.6 million total specimens for COVID-19; and,

WHEREAS, national projections adjusted for Illinois’ population suggest the State must continue to increase the number of tests processed per day as part of an effective effort to permanently slow and reduce the spread of COVID-19; and,

WHEREAS, in addition to causing the tragic loss of more than 9,150 Illinoisans and wreaking havoc on the physical health of tens of thousands more, COVID-19 has caused extensive economic loss and continues to threaten the financial welfare of a significant number of individuals and businesses across the nation and the State; and,

WHEREAS, nationwide, more than 60 million people have filed unemployment claims since the start of the pandemic – representing more than one in four U.S. workers; and,

WHEREAS, the Illinois Department of Employment Security announced that the State’s unemployment rate continues to be extremely high at above 10 percent; and,

WHEREAS, the Illinois Department of Employment Security is responding to the economic crisis in a number of ways, including through the Pandemic Unemployment Assistance program; and,

WHEREAS, the Department of Commerce and Economic Opportunity is working to address the economic crisis, including through assistance programs such as the Business Interruption Grants Program for businesses that experienced a limited ability to operate due to COVID-19 related closures; and,

ILLINOIS REGISTER 17520 20 PROCLAMATION

WHEREAS, the economic loss and insecurity caused by COVID-19 threatens the viability of business and the access to housing, medical care, food, and other critical resources that directly impact the health and safety of residents; and,

WHEREAS, access to housing helps prevent spread of COVID-19 because individuals with housing are able to minimize physical contact with those outside their households; and,

WHEREAS, temporarily halting eviction proceedings avoids numerous interactions associated with being evicted, including with law enforcement officers, courtroom personnel, landlords, movers, and friends and family who agree to provide temporary housing, as well as, for those who are forced into homelessness, the interactions associated with taking refuge in a shelter; and,

WHEREAS, preventing spread by temporarily halting eviction proceedings thus also prevents spread of COVID-19 in the broader community; and,

WHEREAS, COVID-19 also has been extraordinarily disruptive to schools, and it is among the highest priorities of the State to ensure as the new school year approaches that students are able to obtain a quality education and that schools are able to provide an environment that is safe for students, teachers, and the community; and,

WHEREAS, based on the foregoing facts, and considering the expected continuing spread of COVID-19 and the ongoing health and economic impacts that will be felt over the coming month by people across the State, the current circumstances in Illinois surrounding the spread of COVID-19 constitute an epidemic emergency and a public health emergency under Section 4 of the Illinois Emergency Management Agency Act; and,

WHEREAS, based on the foregoing, the continuing burden on hospital resources, the ongoing potential that the State could face shortages of these resources in the event of a surge in infections, and the critical need to increase the purchase and distribution of PPE as well as to expand COVID-19 testing capacity constitute a public health emergency under Section 4 of the Illinois Emergency Management Agency Act; and,

WHEREAS, it is the policy of the State of Illinois to be prepared to address any disasters and, therefore, it is necessary and appropriate to make additional State resources available to ensure that that our healthcare delivery system is capable of serving those who are sick and that Illinoisans remain safe and secure and able to obtain medical care; and,

WHEREAS, this proclamation will assist the State in facilitating economic recovery for individuals and businesses in an effort to prevent further devastating consequences from the economic instability COVID-19 has caused; and,

ILLINOIS REGISTER 17521 20 PROCLAMATION

WHEREAS, this proclamation will assist Illinois agencies in coordinating State and Federal resources, including materials needed to test for COVID-19, personal protective equipment, and medicines, in an effort to support the State responses as well as the responses of local governments to the present public health emergency; and,

WHEREAS, these conditions provide legal justification under Section 7 of the Illinois Emergency Management Agency Act for the new issuance of a proclamation of disaster; and,

WHEREAS, the Illinois Constitution, in Article V, Section 8, provides that “the Governor shall have the supreme executive power, and shall be responsible for the faithful execution of the laws,” and states, in the Preamble, that a central purpose of the Illinois Constitution is “provide for the health, safety, and welfare of the people”;

NOW, THEREFORE, in the interest of aiding the people of Illinois and the local governments responsible for ensuring public health and safety, I, JB Pritzker, Governor of the State of Illinois, hereby proclaim as follows:

Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and specifically declare all counties in the State of Illinois as a disaster area. The proclamation authorizes the exercise of all of the emergency powers provided in Section 7 of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7, including but not limited to those specific emergency powers set forth below.

Section 2. The Illinois Department of Public Health and the Illinois Emergency Management Agency are directed to coordinate with each other with respect to planning for and responding to the present public health emergency.

Section 3. The Illinois Department of Public Health is further directed to cooperate with the Governor, other State agencies and local authorities, including local public health authorities, in the development and implementation of strategies and plans to protect the public health in connection with the present public health emergency.

Section 4. The Illinois Emergency Management Agency is directed to implement the State Emergency Operations Plan to coordinate State resources to support local governments in disaster response and recovery operations.

Section 5. To aid with emergency purchases necessary for response and other emergency powers as authorized by the Illinois Emergency Management Agency Act, the provisions of the Illinois Procurement Code that would in any way prevent, hinder or delay necessary action in coping with the disaster are suspended to the extent they are not required by federal law. If

ILLINOIS REGISTER 17522 20 PROCLAMATION necessary, and in accordance with Section 7(1) of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(1), the Governor may take appropriate executive action to suspend additional statutes, orders, rules, and regulations.

Section 6. Pursuant to Section 7(3) of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(3), this proclamation activates the Governor’s authority, as necessary, to transfer the direction, personnel or functions of State departments and agencies or units thereof for the purpose of performing or facilitating emergency response programs.

Section 7. The Illinois Department of Public Health, Illinois Department of Insurance and the Illinois Department of Healthcare and Family Services are directed to recommend, and, as appropriate, take necessary actions to ensure expanded access to testing for COVID-19 and that consumers do not face financial barriers in accessing diagnostic testing and treatment services for COVID-19.

Section 8. The Illinois State Board of Education is directed to recommend, and, as appropriate, take necessary actions to address any impact to learning associated with the present public health emergency and to continue to alleviate any barriers to the use of remote learning during the effect of this proclamation that exist in the Illinois School Code, 105 ILCS 5/1-1 et. seq.

Section 9. All State agencies are directed to cooperate with the Governor, other State agencies and local authorities in the development and implementation of strategies and plans to cope with and recover from the economic impact of the present public health emergency.

Section 10. Pursuant to Section 7(14) of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(14), increases in the selling price of goods or services, including medical supplies, protective equipment, medications and other commodities intended to assist in the prevention of or treatment and recovery of COVID-19, shall be prohibited in the State of Illinois while this proclamation is in effect.

Section 11. This proclamation can facilitate requests for federal emergency and/or disaster assistance if a complete and comprehensive assessment of damage indicates that effective recovery is beyond the capabilities of the State and affected local governments.

Section 12. For purposes of Senate Bill 2135 (101st General Assembly), Article 15, section 15- 5, amending the Open Meetings Act, new section 5 ILCS 120/7(e)(4), I find that the public health concerns at issue in this proclamation render in-person attendance of more than fifty people at the regular meeting location not feasible.

Section 13. This proclamation shall be effective immediately and remain in effect for 30 days.

ILLINOIS REGISTER 17523 20 PROCLAMATION

Issued by the Governor October 16, 2020 Filed by the Secretary of State October 16, 2020

ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates Rules acted upon in Volume 44, Issue 44 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 17 - 810 ...... 17038 35 - 211 ...... 17146 35 - 219 ...... 17190 77 - 946 ...... 17323 2 - 3500 ...... 17392

ADOPTED RULES 89 - 160 10/14/2020 ...... 17400 86 - 100 10/13/2020 ...... 17414 92 - 1010 10/19/2020 ...... 17440 74 - 800 10/13/2020 ...... 17452

EMERGENCY RULES 47 - 301 10/16/2020 ...... 17458 47 - 379 10/16/2020 ...... 17474

REQUEST FOR EXPEDITED CORRECTION 23 - 255 ...... 17491

JCAR REVIEW OF EXISTING RULES STATEMENT OF RECOMMENDATIONS 23 - 1501 ...... 17496 89 - 148 ...... 17497

JCAR REVIEW OF EXISTING RULES STATEMENT OF OBJECTIONS 80 - 1100 ...... 17498 2 - 3500 ...... 17499

EXECUTIVE ORDERS AND PROCLAMATIONS 20 - 59 10/16/2020 ...... 17507 20 - 63 10/16/2020 ...... 17514