RECEIVED

ILLiNOIS POLLUTION

CONTROL

BOARD

CLERKS

OFFICE

November

25, 2009

NOV

25

2009

IN THE MATTER 0F

)

STATE

OF

ILUNOIS

nItution

Control

Board

NO

TRADING

PROGRAM:

)

R06-22

AMENDMENTS

TO 35 ILL.

ADM. CODE

)

(Rulemaking

- Air)

PART217

)

HEARING

OFFICER ORDER

On

November 10, 2009,

the

Illinois Environmental

Protection

Agency (Agency

or Illinois

EPA)

filed

a motion for

extension of time

to file a status

report (Mot.). The

motion notes that

a

Board

order dated

August

20, 2009,

directed the

Agency

to

file

a status report in this

proceeding

by

October 19, 2009.

Specifically,

the Board directed the

Agency

to

address “whether and

when

it will

be

filing a withdrawal of

this docket

and submitting a new

proposal addressing

Non-EGUs

and

NO

emissions.”

Mot. at 1.

On October

21,

2009,

the Agency filed a

motion

to file

instanter

and for extension

of the time

to file its status

report.

In an order

dated October 23,

2009,

the

hearing

officer

granted

the motions

and

extended

the deadline for filing

the

status report

to

November

10, 2009.

The Agency’s

November

10, 2009, motion

for

extension

states that “[t]he Parties

are

still

in discussion

about

the

issues involved

in R06--22

and

are not scheduled to

confer again until

late

November.

Hence, the

Illinois

EPA

is requesting an extension

for filing the

status

report

until December

22, 2009.”

Mot. at

2.

Section

101.500(d)

of the Board’s procedural

rules provides,

in pertinent

part, that,

{w]ithin

14 days

after service of

a motion, a party

may file a response

to the

motion.

If no response

is filed, the party

will be deemed

to have waived objection

to the granting

of the

motion,

but the waiver of objection

does

not bind the Board

or

the hearing officer in

its disposition

of the motion.” 35

Ill. Adm.

Code

101.500(d).

Having

reviewed

the substance of the

motion and

in the absence to date

of any objection,

the

Agency’s

motion

for extension

of

time

to file a status report

is granted. The

Agency

is

directed

to file its

status

report on or

before Tuesday,

December 22, 2009.

The “mailbox

rule” at 35 Iii.

Adm. Code 101.300(b)(2)

does

not apply to the filing

of this status

report, and the Board’s

Clerk

must

receive the

status report

before

the

close of business

on Tuesday, December

22, 2009.

Although the

status

report

may

be

filed electronically

through

the Clerk’s Office On-Line

(COOL) from

the Board’s Web

site at www.ipcb.state.il.us,

an electronic

or approved

fax filing

must

be

received

by the

Clerk’s

Office

no later than 4:30

PM on Tuesday, December

22, 2009.

Any questions

about electronic

filing through

COOL should be directed

to the

Clerk’s Office at

(312)

814-3629.

---

2

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.il.us