ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2006
     
    IN THE MATTER OF:
     
    NOx TRADING PROGRAM:
    AMMENDMENTS TO 35 ILL. ADM. CODE
    PART 217
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    R06-22
    (Rulemaking – Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    This matter is before the Board on a February 21, 2006 motion to supplement the
    rulemaking proposal filed by the Illinois Environmental Protection Agency (Agency). Also
    pending before the Board is a motion for expedited review, and initial comments both filed by
    the Illinois Environmental Regulatory Group (IERG) on March 13, 2006.
     
    BACKGROUND
     
    On January 19, 2006, the Board received a rulemaking proposal submitted by the Illinois
    Environmental Protection Agency (Agency) pursuant to Section 27 and 28 of the Illinois
    Environmental Protection Act (Act) (415 ILCS 5/27 and 28 (2004)). Included in this proposal
    are amendments to the regulations governing Nitrogen Oxide (NOx) emissions found at 35 Ill.
    Adm. Code Part 217, Subparts A, T, U, and W.
     
    The Agency proposes updates to Part 217 to reflect recent amendments made by the
    United States Environmental Protection Agency (USEPA) to the Code of Federal Regulations
    (C.F.R.) concerning several test methods and procedures, and by the Illinois General Assembly
    to Section 9.9 of the Act concerning the sale of NOx allowances and the repeal of the stay
    provisions. Pet. at 19. The Agency proposes amendments intended to ensure that the NOx
    budgets for both the Electrical Generating Units (EGU) and the non-EGUs are not reduced by
    low-emitters in a way that was not anticipated at the time the rules were originally adopted by
    the Board.
    Id.
    Finally, the Agency proposes clarifications to the dates and timing of allocations
    designed to simplify the administration of the NOx Trading Program.
    Id.
    The Agency asserts
    that this proposal does not change the emission limits or require new control devices on affected
    sources.
    Id.
       
     
    The Board accepted the proposal for hearing on February 2, 2006. In that order, the
    Board partially granted a motion to waive filing requirements, waiving the requirement that the
    Department of Natural Resources (DNR) be served an entire copy of the proposal, and the
    requirement that the Agency submit the original and nine copies of all documents upon which it
    relied accompanied the petition. However, the Board also directed the Agency to file five copies
    of certain documents relied upon by the Agency in the preparation of the proposal not readily
    accessible to the Board.
     
    DISCUSSION
     
     
    2
    In its motion to supplement the rulemaking proposal, the Agency moves the Board to
    accept two documents. The first document is a petition for review filed in the State of North
    Carolina v. EPA, No. 05-1244 (D.C. Cir.) on July 8, 2005; the second document is the decision
    entered in State of West Virginia v. EPA, 362 F.3d 861 (D.C. Cir. 2004). Mot. at 2. No
    response to the motion to supplement has been received by the Board. The motion to
    supplement is granted, and the Board hereby accepts the documents as provided by the Agency
    as part of the record.
     
    The IERG motion for expedited review was filed on March 13, 2006. The Board allows
    14 days after service of a motion for a response.
    See
    35 Ill. Adm. Code 101.500(d). The Board
    will reserve ruling on the motion for expedited review until the response time has lapsed.
      
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 16, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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