ILLINOIS POLLUTION CONTROL BOARD
    August
    23,
    1979
    FEDERAL
    PAPER
    BOARD
    COMPANY,
    INC.,
    Petitioner,
    PCB 79-69
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    CONCURRING OPINION
    (by Mr.
    Duirtelle
    & Mr. Young):
    Rule 203(g) (1)
    (~)of Chapter
    2 was adopted by the Board
    April
    13,
    1972
    (4 PCB 191~ 4 PCB 298)
    .
    The adoption
    was
    reversed and remanded by the Appellate Court,
    First District,
    December
    19,
    1974
    (Commonwealth Edison Company v. PCB,
    25 Iii.
    App.
    3d
    271;
    323 N.E.2d
    84, rehearing denied).
    The Illinois Supreme Court upheld the judgment of the
    Aopellate Court in an opinion of January
    20,
    1976
    (Commonwealth
    Edison
    V.
    PCB,
    62 I11.2d 494~ 343 N.E.2d
    459,
    rehearing denied).
    On July 7,
    1977,
    the Board re—adopted
    (validated) Rule 203(g) (1) (A)
    (27 PCB
    55;
    27
    PCB
    57)
    .
    The July
    7,
    1977 action of the Board
    was successfully challenged before the First District Appellate
    Court in Illinois State Chamber of Commerce, et
    al and The
    Village of Winnetka v. PCB,
    67 Ill.App.3d
    839;
    384 N.E.2d
    922
    (December
    14,
    1978)
    and before the Third District in Ashland
    Chemical Company v.
    PCB,
    64 I11.App.3d
    169;
    381 N.E.2d
    56
    (September
    27,
    1978).
    In both cases,
    the regulation was vacated
    and remanded to the Board.
    On
    July
    12,
    1979 the U.S.
    Environmental Protection Agency
    published a Notice of Deficiency;
    Illinois
    State Implementation
    Plan
    with
    regard to Rule 203(g)(1)(A)
    and other~ (44 FR 40723—4).
    Since Rule 203(g)
    (1)
    (A)
    is without force
    or effect,
    any
    reference to
    the
    rule by
    the Agency
    in
    consideration of a permit
    application
    is
    not proper and a permit denial based upon failure
    to
    attain compliance with the emission limitation set forth
    in
    Rule 203(g) (1)
    (A)
    is in
    error.
    35—221
    —2—
    Sirnilarily,
    that portion of the Board’s Opinion which con-
    cerns
    itself with th?~invalidated rule is extraneous
    to the
    conclusion
    and order of the~ard and should be eliminated.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Concurring Opinion
    was submitted to me on the
    ~3~’1~
    day of
    ____________
    1979
    C
    Christan L. Moffet~j~qLerk
    Illinois Pollution‘~tro1 Board
    ~me
    s
    L.
    Young~~’
    35—222

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