ILLINOIS POLLUTION CONTROL BOARD
July 2, 2008
IN THE MATTER OF:
)
RECEIVED
CLERK'S OFFICE
JUL 0 2 2008
STATE OF
ILLINOIS
Pollution Control Board
NOx
TRADING PROGRAM:
R06-22
AMENDMENTS TO 35 ILL. ADM. CODE
(Rulemaking
- Air)
PART 217
HEARING OFFICER ORDER
In an order dated May 13, 2008, the hearing officer noted that, other than the filing of one
withdrawal of appearance, there had been no activity in this docket since November 20, 2006. In
the same order, the hearing officer directed the Illinois Environmental Protection Agency
(Agency) as the proponent to file on or before June 12, 2008, a brief status report addressing
whether
the Agency had determined ta proceed ire this: docket with an amended
proposal(); to
address the proposed amendments in another docket.
On June 25,2008, the Agency filed a motion for leave to file
instanter
and status report.
In its motion, the Agency states that it inadvertently failed to file the status report by June 12,
2008 and moves the Board to grant its request for leave to file the status report
instanter.
The
motion for leave to file
instanter
is granted, and the Agency's June 25, 2008, status report (Rep.)
is accepted.
See
35 Ill. Adm. Code 101.610(o).
The Agency's June 25, 2008, status report states that the Agency continues to discuss its
rulemaking proposal with interested parties. Rep. at 1. The Agency further states that it
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
this Fall, 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. Id.
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 120 days of the date of this order, on or
before Thursday, October 30, 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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