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Celotex Corp. v. Pollution Control Bd.

Citation: 12 ELR 20671
No. No. 81-10, 429 N.E.2d 194/100 Ill. App. 520, (Ill. App. Ct., 09/29/1981)

The court reverses the Illinois Pollution Control Board's (PCB's) denial of an operating permit for a dry roofing felt plant. The court first holds that Rule 103(b)(3) of the Illinois state implemental plan (SIP), which allows permit applicants to certify the continuing validity of previously submitted data, precludes the Illinois Environmental Protection Agency (EPA) from denying a permit application accompanied by such certification. The court next holds that Rule 202(b) of the Illinois SIP, limiting the opacity of emissions, is invalid because the demonstration of economic reasonableness made at the time of its promulgation was based on the alleged reasonableness of the particulate rule, which the state courts subsequently found unreasonable. Since Rule 202(b) is void, the PCB cannot deny a permit application on the basis of violations of the rule. Finally, the court holds that particulate and sulfur dioxide provisions of the Illinois SIP which were invalidated by the state courts, but remain a part of the SIP, cannot be enforced in state courts.

[Related federal court decisions are reported at 10 ELR 20278 and 11 ELR 20962 — Ed.]

Counsel for Appellant
John L. Parker
John L. Parker & Associates
Suite 1420, 39 S. La Salle St., Chicago IL 60603
(312) 263-6560

Counsel for Appellee
Douglas P. Karp, Ass't Attorney General
188 W. Randolph St., Chicago IL 60601
(312) 793-2491

SCOTT, P.J., and ALLOY, J., concur.