ILLINOIS POLLUTION CONTROL BOARD

April 5, 1973

ENVIRONMENTAL

PROTECTION AGENCY

#72-242

INTERNATIONAL HARVESTER COMPANY,

WISCONSIN STEEL DIVISION

ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

Respondent has filed a Motion to Dismiss the above—captioned

proceeding

on the basis of invalidity of the action because of the

Supremacy Clause, which Respondent contends creates a conflict with

or preemption by federal legislation, interference with interstate

commerce and violation of federal maritime jurisdiction, together

with a memorandum in support of said motion.

The Environmental Protection Agency has filed an Answer and

Memorandum in opposition of the Motion to Dismiss. Respondent has

filed a Motion for Leave to File a Reply Memorandum, to which the

Agency has filed objections.

Leave is granted to Respondent to file its Reply Memorandum.

The objections of the Agency are overruled.

IT

IS

SO ORDERED.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Order was adopted on the ~ day of April,

1973, by a vote of

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to

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7

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