RECEVED

CLERK’S

OFFiCE

ILLINOIS

POLLUTION

CONTROL BOARD

ifJ

12008

November 7, 2008

STATE

OF

IWNOIS

IN THE MATTER

OF:

)

Board

)

NO

TRADiNG PROGRAM:

)

R06-22

AMENDMENTS

TO 35 ILL.

ADM. CODE

)

(Rulemaking

- Air)

PART217

)

HEARING

OFFICER

ORDER

In an

order dated

July

2, 2008,

the

hearing

officer noted

that

the

Illinois

Environmental

Protection Agency (Agency

or Illinois

EPA)

on

June

25,

2008, had filed

a status report

in this

rulemaking

docket (Rept. 1).

That status report

stated

that

the Agency

is in the process of

evaluating

whether

the proposed

amendments

are now moot,

or whether

some of the amendments

would

best

be addressed

in an upcoming

rulemaking

concerning

the

transition

of both industrial

boilers

and utility boilers

from

the

NO

[nitrogen

oxides]

SIP

[State Implementation

Plan] Call trading

program

to

the Clean Air

Interstate Rule (CAR)

trading

program.

The Illinois

EPA is planning to

proceed

with

that rulemaking this

Fall, and, at

that time it will

be in

the

best position

to determine whether

any

outstanding

issues from R06-22

would be best

addressed in

that rulemaking

or whether the above

proposal,

in an

amended format,

should proceed.

Rept. 1 at 1.

Also in the July 2,

2008 order, the

hearing officer directed

the

Agency

as the proponent

in this

matter

to file on or before

October

30,

2008, “a brief status

report addressing

whether

the

Agency

has

determined

whether to proceed

in this docket

with an amended

proposal

or to address

the

proposed amendments

in another

docket.”

On October

30, 2008, the

Agency

filed its status

report

(Rept.

2). That status report

states

that,

“[o]n July 11, 2008, the

Clean Air

Interstate Rule (“CAIR”)

was vacated

by the United

States

Court

of Appeals; however the

requirements

to address interstate

transport from

large

NO

sources remain.”

Rept.

2

at 1, citing North

Carolina v. EPA,

No. 05-1244

(D.C. Cir. 2008).

Citing that decision

and a pending

request

by

the United States Environmental

Protection Agency

[USEPA]

for

a rehearing,

the Agency further

states that

it

is in the

process of evaluating

whether

the

proposed

amendments

affecting

the

NO

SIP Call

trading program

are now moot,

or

whether

some

of the amendments

would

best be addressed

when the Illinois

EPA

addresses

its obligations

to

mitigate interstate

transport.

The timetable

for addressing

that

requirement

is

uncertain

at

this

time; the Illinois

EPA will be

in

a better

position

to determine

its

timetable

when the

court

rules

on

USEPA’s and other

petitioners’

requests for

rehearing.

Rept. 2 at 1.

---

2

Accordingly, as proponent in this matter,

the

Agency

is directed to file a brief

status

report addressing whether it has determined that

proposed amendment

affecting the

NO

SIP Call

are moot or whether it would

deal with the proposed amendments

in meeting its obligations to

mitigate interstate

transport. Specifically, the Agency is

directed to file that brief status report

on

or before Monday, March 9, 2009, the first

business day after 120 days from the date

of

this

order.

IT IS

SO

ORDERED.

Timothy

J.

Fox

Hearing Officer

Illinois

Pollution Control Board

100 West Randolph, Suite 11-500

Chicago,

Illinois

60601

(312)

814-6085

foxt(ipcb.state.i1.

us