Jump to Navigation
Jump to Content

Central Ill. Pub. Serv. Co. v. EPA

Citation: 9 ELR 20226
No. No. 78-1775, 594 F.2d 636/12 ERC 2022/(7th Cir., 03/23/1979)

The Seventh Circuit Court of Appeals rules that a company may apply for an innovative technology waiver of new source performance standards under § 111(j) of the Clean Air Act after the source for which the waiver is sought has been put into operation. The Administrator of the Environmental Protection Agency was thus mistaken in reading § 111(j) as binding him to dismiss as untimely petitioner's request for a waiver of applicable sulfur dioxide standards as to its coal-fired generator in Newton, Illinois, and the waiver request is remanded to the Agency. The court declines to express a view on whether § 111(e) would bar the grant of a waiver when the source applying is already in violation of emission limitations.

Counsel for Petitioner
Thomas L. Cochran
Sorling, Northrup, Hanna, Cullen & Cochran, Ltd.
820 Illinois Bldg., Springfield IL 62701
(217) 544-1144

David F. Peters
Hunton & Williams
707 E. Main St., Richmond VA 23212
(804) 788-8200

Counsel for Respondent
Barbara H. Brandon
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2808

Before FAIRCHILD, Chief Judge, CASTLE, Senior Circuit Judge, and WOOD, Circuit Judge.