ILLINOIS
a
CHAMBER
August 10, 2009
OOMMERCE
LERKS
OFFICE
AUG
i
Mr. Timothy
Fox, Hearing
Officer
‘ 2009
215
F.
Adams
Illinois Pollution
Control
Board
STATE
OF
ILLIN
Springfiald.
1L62701
James R.
Thompson Center
Oluton
Control
8o
100 W.
Randolph
Suite
11-500
www.iIchambar.org
Chicago,
Illinois 60601
RE:
Rulemaking
R2006-22,
In the Matter of: NOx
Trading Program:
Amendments to
35 Iii. Adm.
Code Part
217; Response
to Motions
by the Illinois
Environmental
Regulatory Group
Mr. Fox:
I am
writing
on behalf of The
Illinois Chamber
of Commerce
in
response
to the
Illinois
Pollution
Control Board’s (“Board”)
August 6,
2009 Order
requesting
responses
to the Illinois
Environmental
Regulatory
Group’s
(“IERG”)
Motion for
Emergency Rule and
Motion for
Expedited
Action
on
IERG’s
Alternative Proposal
(collectively
“Motions”). We
would like
to
offer our support
for the Motions,
and urge the Board
to
consider the
following
in ruling
on the Motions:
1.
We
believe it is in
the
best interest
of
business
in Illinois to
adopt
rules,
such as the
emergency rule and alternative
proposal
described in
the
Motions, that
require
NOx
allowances to
be
distributed
for the 2009 ozone
season, as well as
subsequent
control
periods.
2.
Our
membership
includes
companies
that
are
owners
or
operators
of
budget
units
subject
to
the
current
Subpart
U.
35
III.
Admin.
Code
Part
217.Subpart
U.
3.
We
understand
that
no
sources
subject
to
the
current
Subpart
U
have
received
allocations
of
NOx
allowances
for
the
2009
ozone
season,
nor
for
any
subsequent
years.
4.
We
understand
that
the
current
version
of
Subpart
U
is
a
valid
and
enforceable
regulation
in
Illinois
that
requires
subject
sources
to
hold
NOx
allowances
for
each
ton
of
NOx
emitted
during
the
ozone
season
by
November
30
of
the
applicable
year.
5.
We
understand
that
the
USEPA
is
no
longer
issuing
allowances
for
the
NOx
Budget
Trading
Program,
as
would
be
required
to
satisfy
the
above
described
requirement.
6.
We
understand
that
NOx
allowances
could
potentially
be
obtained
through
the
purchase
of
Clean
Air
Interstate
Rule
(“CAIIV’)
NOx
allowances,
although
we
are
uncertain
whether
those
allowances
would
be
legally
sufficient
to
satisfy
the
Subpart
U
requirement
to
hold
NOx
SIP
Call
allowances.
Nor,
even
if
sufficient,
could
our
members
demonstrate
compliance
with
the
requirement,
due
to
their
inability
to
obtain
CAIR
compliance
accounts
from
the
USEPA
Clean
Air
Markets
Division
(“CAMD”),
absent
a
federally
approved
trading
program
in
illinois.
7.
We
are
concerned
that
our
members,
through
no
fault
of
their
own,
may
be
in
violation
of
both
the
law
and
their
Clean
Air
Act
Permit
Program
(“CAAPP”)
permits,
if
immediate
action
is
not
taken
to
remedy
the
above
described
circumstances.
The
potential
for
violation
of
an
applicable
regulation
and/or
CAAPP
permit
condition
could
subject
them
to
federal,
state,
or
third-party
enforcement
actions,
in
addition
to
being
required
to
disclose
the
potential
liability
on
Securities
and
Exchange
Commission
filings.
The
Chamber
appreciates
the
opportunity
to
provide
this
response.
In
light
of
the
above,
we
request
that
the
Board
grant
IERG’s
Motion
for
Emergency
Rule
in
order
to
require
that
2009
NOx
allowances
be
distributed
to
impacted
sources,
and
grant
IERG’s
Motion
for
Expedited
Action
on
IERG’s
Alternative
Proposal
in
order
to
bring
NOx
SIP
Call
budget
units
into
the
CAIR
NOx
Ozone
Season
Trading
Program
for
the
2010
control
period
and
beyond.
Respectfully
submitted,
By:
/DdI
C
Todd
Maisch
Vice
President
Government
Affairs
Illinois
Chamber
of
Commerce
215
B.
Adams
Springfield,
IL
62701
(217)
522-5512
