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EPA v. Pollution Control Bd.

Citation: 12 ELR 20241
No. No. 81-32, 426 N.E.2d 1255/100 Ill. App. 3d 730, (Ill. App. Ct., 09/30/1981)

The court rules that the Illinois Pollution Control Board properly reversed the state Environmental Protection Agency's (EPA's) denial of an application for permits to operate a chemical company's coal-fired boilers and to construct a 40-foot extension to its smokestack to reduce sulfur dioxide concentrations in the vicinity. The court rules that the company's permit application contained sufficient information to demonstrate compliance with the sulfur dioxide ambient air quality standards of Air Pollution Rule 308. Neither the failure to submit certain meteorological data nor the failure to explain the selection of receptor points was fatal to the application. Furthermore, contrary to EPA's conclusion, the court finds that the company did indicate that the model monitor was representative of the air quality near its plant. In addition, the court rejects EPA's contention that the application should be denied because the plant violated Rule 204, the state implementation plan's (SIP's) sulfur dioxide emission limitation. EPA's argument that, although Rule 204 was invalidated by the state courts in 1976 and again in 1978, the rule was still an enforceable part of the EPA-promulgated SIP, is clearly erroneous in light of the court's recent decision in Celotex Corp. v. Illinois Pollution Control Board holding that the rule is not enforceable in the state courts regardless of whether it is federally enforceable.

Counsel for Petitioner
John Van Vranken; Tyrone C. Fahner, Attorney General
188 W. Randolph St., Chicago IL 60601
(312) 793-2491

Counsel for Respondent
Percy Lee Angelo, James W. Gladden Jr.
Mayer, Brown & Platt
231 S. LaSalle St., Chicago IL 60604
(312) 782-0600

STROUDER, Justice, ALLOY and HEIPLE, JJ., concur.