ILLINOIS POLLUTION CONTROL BOARD
April
8,
1976
IN THE MATTER OF
)
EMISSION STANDARDS
)
R71--23
ORDER OF THE BOARD
(by Mr. Goodman):
In Commonwealth Edison Company
v.
The Pollution Control
Board,_____Ill.
2d
,
_____NE 2d
___,
the Supreme Court affirmed
the holding of the Appellate Court which reversed the adoption of
Rules
204(a) (1) and
(c)(1)(A),
sulfur dioxide emission standards,
and Rule 203(g),
particulate emission standards,
and remanded the
matter to the Board with the following instructions:
We recognize that possibly scientific evidence may
have been developed since the hearing and
the re-
sultant Board opinion
in this cause that may not
demand
a relaxation of these challenged rules.
Accordingly,
we remand
this
cause
on
this matter
with instructions
to the Board
either to validate
Rules
203(g)
and 204(a) (1)
and
(c) (1) (A)
in ac-
cordance with Section
27 of the Act or to prepare
proper rules
as
substitutes.
25 Ill.
App.
3rd 271.
In essence,
the Court has determined that the record
in
R71-23 did not demonstrate that the Board considered the technical
feasibility and economic reasonableness of these rules pursuant
to Section 27 of the Environmental Protection Act,
as
in effect
at that time.
The Court, rather than voiding the regulations,
chose
to remand them to the Board, giving
to
the Board the
alterna-
tive
of simply validating the existing regulation
by
the inclusion
of additional evidence regarding technical feasibility and economic
reasonableness.
The Board hereby reopens the record
in R7l—23 for the purpose
of validating Rules 203(g)
,
204 (a) (1) and 204 Cc) (1) (A)
.
The record
in the Board’s current proceedings on R75—5 and R74—2, consolidated,
related to sulfur dioxide emissions, and the record
in R71—23 are
hereby mutually incorporated.
IT IS SO ORDERED.
21
—
151
—2—
I, Christan L.
Moffett, Clerk
of the Illinois Pollution Control
y certify the above Order wa
ado
__________
Board, her
of
_______________,
1976 by a vote of~-g.
~‘
day
Christan
L. Mof
Illinois Pollution Co
21
—152