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

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