BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

NO

x

TRADING PROGRAM:

)

R06-22

AMENDMENTS TO 35 ILL. ADM. CODE

)

(Rulemaking – Air)

PART 217

)

NOTICE

TO:

John Therriault, Assistant Clerk

N. LaDonna Driver

Illinois Pollution Control Board

Illinois Environmental Regulatory Group

State of Illinois Center

3150 Roland Ave.

100 West Randolph, Suite 11-500

Springfield, IL 62705-5776

Chicago, Illinois 60601

William Richardson, Chief Legal Counsel

Kathleen C. Bassi

Department of Natural Resources

Schiff Hardin, LLP

One Natural Resources Way

6600 Sears Tower

Springfield, Illinois 62702-1271

233 S. Wacker Drive

Chicago, IL 60606-6473

Hodge Dwyer Zeman

3150 Roland Ave.

PO Box 5776

Springfield, IL 62705-5776

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board

the attached STATUS REPORT

of the Illinois Environmental Protection Agency a copy of

which is herewith served upon you.

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By:

Rachel L. Doctors

___/s/___________________

Assistant Counsel

Division of Legal Counsel

DATED: March 9, 2009

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782-5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, March 9, 2009

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

NO

x

TRADING PROGRAM:

)

R06-22

AMENDMENTS TO 35 ILL. CODE

)

(Rulemaking – Air)

PART 217

)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S

STATUS REPORT

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by one of

its attorneys, and hereby submits its status report pursuant to Hearing Officer Order dated

October 7, 2008.

On July 11, 2008, the Clean Air Interstate Rule (“CAIR”) rule was vacated by the United

States Court of Appeals; however the requirements to address interstate transport from large NO

x

sources remain.

North Carolina v. EPA

, No. 05-1244 (C.A.D.C. Cir. July 2008). The decision

left the NO

x

SIP Call trading program intact. The United States Environmental Protection

Agency (“USEPA”) requested a rehearing on September 24, 2008. On December 23, 2008, the

court reversed in part its earlier decision and remanded the CAIR rule to USEPA without

vacatur.

North Carolina v. EPA

, 550 F.3d 1176 (C.A.D.C. 2008). This opinion means that the

CAIR rule remains in effect.

In light of the above decision and the reinstatement of the obligation for meeting

interstate NO

x

reductions for industrial boilers, the Illinois EPA is planning to replace Subpart U

with a new rule and withdraw this rulemaking, R06-22, at that time. The new rulemaking will

integrate the Non-EGUs into the CAIR rule. The timetable for addressing that requirement is

expected to be the Spring of 2009.

The Illinois EPA respectfully submits this Status Report.

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Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

_

/s/ Rachel L. Doctors

Rachel L. Doctors

Assistant Counsel

Air Regulatory Unit

Division of Legal Counsel

DATED: March 9, 2009

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

217.782.9807 (Fax)

Electronic Filing - Received, Clerk's Office, March 9, 2009

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