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EPA v. Pollution Control Bd.

Citation: 12 ELR 20253
No. No. 81-81, 426 N.E.2d 1264/100 Ill. App. 3d 735, (Ill. App. Ct., 09/30/1981)

The court holds that a state court decision striking down a Clean Air Act state implementation plan (SIP) provision under state law renders the provision invalid and unenforceable even though the provision is still in the federally promulgated SIP. The Illinois Environmental Protection Agency (IEPA) denied an operating permit for a coal-fired boiler on grounds of violation of the sulfur dioxide emissions standards contained in Rule 204(c)(1)(A) of the Illinois SIP. Its action was reversed by the Illinois Pollution Control Board (PCB) for the reason that Rule 204(c)(1)(A) had been declared invalid by the Illinois Supreme Court. On appeal, the court rejects IEPA's argument that § 110(i) of the Act, which prohibits state action to suspend or revise a SIP except in accordance with prescribed procedures, and § 116, which prohibits state adoption and enforcement of standards less stringent than these in the applicable SIP, render invalidation of SIP provisions by state courts ineffective until those provisions are replaced by federally approved alternatives. It holds that § 110(i) is inapplicable to state court review of SIP provisions under state law. Consequently, it affirms the PCB's decision and orders an operating permit to be issued to the applicant.

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

Counsel for Respondent
Roy M. Harsch, Richard J. Kissel, Jeffrey C. Fort
Martin, Craig, Chester & Sonnenschein
115 S. La Salle St., Chicago IL 60603
(312) 368-9700

ALLOY, Justice, STOUDER and BARRY, JJ., concur.