BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

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R2006 - 026

PROPOSED Clean Air Interstate Rule (CAIR)

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(Rulemaking – Air)

SO2, NOx Annual and NOx Ozone Season

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Trading Programs, 35 Ill. Adm. Code 225.

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Subparts A, C, D and E

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MOTION TO WITHDRAW “MOTION TO AMEND RULEMAKING PROPOSAL”

NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY (Illinois EPA), by its attorneys, and pursuant to 35 Ill. Adm. Code 101.500 and

102.402, moves that the Illinois Pollution Control Board (Board) to withdraw the previously

filed “MOTION TO AMEND RULEMAKING PROPOSAL” concerning new Part 225 Sections

225.325, 225.460, 225.560, 225.465, 225.565, 225.430, 225.530, 225.435, 225.535, 225.450,

225.550, 225.475, and 225.575. In support of its Motion, the Illinois EPA states as follows:

1.

On May 30, 2006, the Illinois EPA filed a proposal with the Board to add new Subparts

to Part 225, 35 Ill. Adm. Code Part 225, entitled "Control of Emissions from Large Combustion

Sources." New subparts A, C, D and E, add SO

2

, NOx Annual and NO

x

Ozone Season Trading

Programs in Part 225. The Illinois EPA's proposal is intended to meet certain obligations of the

State of Illinois under the federal Clean Air Act (CAA), 42 U.S.C. § 7401

et seq

.; specifically, to

satisfy Illinois' obligation to submit a State Implementation Plan to address the requirements of

the Clean Air Interstate Rule (CAIR),

see

, 70

Fed. Reg.

25161 (May 12, 2005). Under CAIR,

states are required to submit State plans to the United States Environmental Protection Agency

by no later than September 11, 2006.

Id

.

at 25319; 40 CFR § 51.123(d)(1)

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006

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2.

A hearing was held on the above matter between October 10 and October 12, 2006.

During that hearing the Illinois EPA filed a motion to amend the proposed rulemaking as a

number of changes and clarifications were found to be necessary. Therefore, the Illinois EPA

proposed to modify the rulemaking proposal to address the treatment of vintage year SO

2

allowances, the replenishment of CASA accounts, and changes to dates concerning when

portions of the rule take effect. These amendments concerned Sections 225.325, 225.460,

225.560, 225.465, 225.565, 225.430, 225.530, 225.435, 225.535, 225.450, 225.550, 225.475, and

225.575 of the proposed new Part 225.

3.

After the filing of the “Motion to Amend Rulemaking Proposal,” and due to questioning

at the aforesaid hearing, additional changes and clarifications were found to be necessary.

Therefore, the Illinois EPA is now proposing to withdraw the previously filed motion to amend

the proposed rulemaking. The Illinois EPA will instead file a new motion to amend the

rulemaking proposal.

4.

By reverting to the original proposed language for the rulemaking, it will be easier to

trace the new proposed changes. This will ease confusion over the correct wording of the

proposal and reduce both the Board’s, and the participants’, time when considering the proposed

rulemaking.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006

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WHEREFORE, for the reasons set forth above, the Illinois EPA moves that the Board

grant its motion to withdraw the previously filed “Motion to Amend Proposed Rulemaking” as

set forth herein.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

__________________

John J. Kim

Managing Attorney

Division of Legal Counsel

DATED: October 20, 2006

1021 N. Grand Ave., East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

3

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006

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STATE OF ILLINOIS

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SS

COUNTY OF SANGAMON

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CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that I have served electronically the attached

MOTION TO WITHDRAW “MOTION TO AMEND RULEMAKING PROPOSAL”

upon the following person:

Dorothy Gunn

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph St., Suite 11-500

Chicago, IL 60601-3218

and mailing it by first-class mail from Springfield, Illinois, with sufficient postage affixed

to the following persons:

SEE ATTACHED SERVICE LIST

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

__________________________

John J. Kim

Managing Attorney

Division of Legal Counsel

Dated: October 19, 2006

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

(217) 782-5544

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006

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SERVICE LIST

R06-26

John Knittle, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph St., Suite 11-500

Chicago, IL 60601-3218

Matthew J. Dunn, Division Chief

Office of Attorney General

Environmental Bureau

188 W. Randolph, 20

th

Floor

Chicago, IL 60601

Virginia Yang, Deputy Legal Counsel

Illinois Dept. of Natural Resources

One Natural Resources Way

Springfield, IL 62702-1271

Keith I. Harley

Chicago Legal Clinic

205 West Monroe Street, 4th Floor

Chicago, IL 60606

James T. Harrington

David L. Rieser

Jeremy R. Hojnicki

McGuire Woods LLP

77 West Wacker, Suite 4100

Chicago, IL 60601

William A. Murray

Special Assistant Corporation Counsel

Office of Public Utilities

800 East Monroe

Springfield, IL 62757

S. David Farris

Environmental, Health and Safety

Manager

Office of Public Utilities

201 East Lake Shore Drive

Springfield, IL 62757

Faith E. Bugel

Environmental Law and Policy Center

35 East Wacker Drive, Suite 1300

Chicago, IL 60601

Kathleen C. Bassi

Sheldon A. Zabel

Stephen J. Bonebrake

Schiff Hardin LLP

6600 Sears Tower

233 South Wacker Drive

Chicago, IL 60606

Katherine D. Hodge

N. LaDonna Driver

Hodge Dwyer Zeman

3150 Roland Avenue

Springfield, IL 62705-5776

Bruce Nilles

Sierra Club

122 W. Washington Ave., Suite 830

Madison, WI 53703

Sasha M. Reyes

Steven J. Murawski

One Prudential Plaza, Suite 3500

130 E. Randolph Dr.

Chicago, IL 60601

Daniel McDevitt

Midwest Generation

440 S. LaSalle St., Suite 3500

Chicago, IL 60605

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006