IN THE MATTER OF:
ILLINOIS POLLUTION CONTROL BOARD
May 13, 2008
RECEIVED
CLERK'S
OFFICE
MAY
13 2008
STATE OF ILLINOIS
Pnliutton Control Board
NO„ TRADING PROGRAM:
R06-22
AMENDMENTS TO 35 ILL. ADM. CODE
(Rulemaking
- Air)
PART 217
HEARING OFFICER ORDER
In an order dated October 29, 2007, the hearing officer noted that there had been no
activity in this docket since April 20, 2006, and that the Board since that date had received no
formal request to schedule hearings or take any other action in this matter. In the same order, the
hearing officer directed the Illinois Environmental Protection Agency (Agency) as proponent to
file a status report addressing the Agency's readiness to schedule and proceed to hearings.
On November 20, 2007, the Agency filed a status report. It stated, in pertinent part, that
[t]he Illinois EPA is in the process of evaluating whether the proposed
amendments are now moot, or whether some of the amendments would best be
addressed in an upcoming rulemaking concerning the transition of both industrial
boilers and utility boilers from the NOx SIP Call trading program to the Clean Air
Interstate Rule (CAIR) trading program. The Illinois EPA is planning to proceed
with that rulemaking early this winter, and, at that time it will be in the best
position to determine whether any outstanding issues from R06-22 would be best
addressed in that rulemaking or whether the above proposal, in an amended
format, should proceed. In the Matter of: NO Tradin: Pro u am Amendments to
35 Ill. Adm. Code Part 217, R06-22 (Nov. 20, 2007).
Other than the January 9, 2008 filing of a withdrawal of an appearance, there has been no activity
in this docket since the Agency filed its status report, and the Board since November 20, 2007,
has not received a formal request either to schedule hearings or to take any other action in this
matter. Furthermore, the Agency on May 9, 2008 filed In the Matter of: Amendments to 35
Ill.
Adm. Code 217, Nitrogen Oxides Emissions, and 35 Ill. Adm. Code 211 (R08-19), which
appears to address sources including both industrial boilers and utility boilers.
Accordingly, the Agency as proponent in this matter is directed to file a brief status report
addressing whether the Agency has determined whether to proceed in this docket with an
amended proposal or to address the proposed amendments in another docket. Specifically, the
Agency is directed to file that brief status report within 30 days of the date of this order, on or
before Thursday, June 12, 2008.
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
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