ILLINOIS POLLUTION CONTROL BOARD
    November 16, 2006
    IN THE MATTER OF:
    PROPOSED NEW CLEAN AIR
    INTERSTATE RULES (CAIR) SO
    2
    , NO
    x
    ANNUAL AND NO
    x
    OZONE SEASON
    TRADING PROGRAMS, 35 ILL. ADM.
    CODE 225. SUBPARTS A,C, D and E
    )
    )
    )
    )
    )
    )
    )
    R06-26
    (Rulemaking – Air)
    ORDER OF THE BOARD (by T.E. Johnson):
    On May 30, 2006, the Board received a rulemaking proposal submitted by the Illinois
    Environmental Protection Agency (Agency) that proposes a new Part 225 to reduce intrastate
    and interstate transport of sulfur dioxide (SO
    2
    ) and nitrogen oxides (NO
    x
    ) emissions from fossil
    fuel-fired electric generating units (affected units), on an annual basis and on an ozone season
    basis of each calendar year. The Agency proposes the adoption of the Clean Air Interstate Rule
    (CAIR) SO
    2
    trading program, the CAIR NO
    x
    Annual trading program and the CAIR NO
    x
    Ozone
    Season trading program to accomplish this objective.
    A hearing in this matter was held from October 10 through October 12, 2006, at the
    Illinois Environmental Protection Agency Office Building Training Room, 1214 West, 1021
    North Grand Avenue East, North Entrance, in Springfield. A second hearing is scheduled to
    commence at 1:00 p.m. on November 28, 2006, at the James R. Thompson Center, Room 2-025,
    100 West Randolph Street in Chicago.
    On October 11, 2006, the Agency filed a motion to amend the rulemaking proposal. On
    October 19, 2006, the Agency filed a motion to withdraw the motion to amend the rulemaking
    proposal. The Board received no response to either motion.
    In the motion to withdraw, the Agency asserts that after the filing of the motion to amend,
    and due to questioning at the hearing, additional changes and clarifications were found to be
    necessary. Mot. at 1. The Agency therefore moves to withdraw the previously-filed motion to
    amend, and intends to file a new motion to amend the rulemaking proposal.
    Id.
    The Agency
    argues that by reverting to the original proposed language for the rulemaking, it will be easier to
    trace the new proposed changes, and that this will ease confusion over the correct wording of the
    proposal, thereby reducing both the Board’s and the participants’ time when considering the
    proposed rulemaking.
    Id.
    As stated, the Board has received no responses to either the motion to amend or the
    motion to withdraw. If no response to a motion is filed within 14 days, objections to the granting
    of the motion will be deemed waived.
    See
    35 Ill. Adm. Code 101.500(d) and 102.402.
    Accordingly, the Agency’s motion to withdraw the motion to amend the rulemaking proposal is
    granted.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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