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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.