BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

NO

x

TRADING PROGRAM:

)

R06-22

AMENDMENTS TO 35 ILL. ADM. CODE

)

(Rulemaking – Air)

PART 217

)

NOTICE

TO:

John Therriault, Assistant Clerk

N. LaDonna Driver

Illinois Pollution Control Board

Illinois Environmental Regulatory Group

State of Illinois Center

3150 Roland Ave.

100 West Randolph, Suite 11-500

Springfield, IL 62705-5776

Chicago, Illinois 60601

William Richardson, Chief Legal Counsel

Kathleen C. Bassi

Department of Natural Resources

Schiff Hardin, LLP

One Natural Resources Way

6600 Sears Tower

Springfield, Illinois 62702-1271

233 S. Wacker Drive

Chicago, IL 60606-6473

Hodge Dwyer Zeman

3150 Roland Ave.

PO Box 5776

Springfield, IL 62705-5776

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board

the attached STATUS REPORT of the Illinois Environmental Protection Agency a copy of

which is herewith served upon you.

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By: ___/s/___________________

Rachel L. Doctors

Assistant Counsel

Division of Legal Counsel

DATED: October 30, 2008

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782-5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, October 30, 2008

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

NO

x

TRADING PROGRAM:

)

R06-22

AMENDMENTS TO 35 ILL. CODE

)

(Rulemaking – Air)

PART 217

)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S

STATUS REPORT

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by one of

its attorneys, and hereby submits its status report pursuant to Hearing Officer Order dated July 2,

2008.

On July 11, 2008, the Clean Air Interstate Rule (“CAIR”) rule was vacated by the United

States Court of Appeals; however the requirements to address interstate transport from large NO

x

sources remain.

North Carolina v. EPA

, No. 05-1244 (D.C. Cir. July 2008). The decision left

the NO

x

SIP Call trading program intact. The United States Environmental Protection Agency

(“USEPA”) requested a rehearing on September 24, 2008, and the court has not yet ruled on that

request.

In light of the above decision and the possible rehearing, the Illinois EPA is in the

process of evaluating whether the proposed amendments affecting the NO

x

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.

The Illinois EPA respectfully submits this Status Report.

Electronic Filing - Received, Clerk's Office, October 30, 2008

---

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

_/s/ Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: October 30, 2008

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

217.782.9807 (Fax)

Electronic Filing - Received, Clerk's Office, October 30, 2008

---