PEC argues that the Board has the jurisdiction, which it has exercised in the past, to
“determine what law applies in order to establish eligibility for a permit, adjusted standard orvariance”, citing Illinois Power Company v.
Illinois Environmental Protection Agency
(January 23, 1997), PCB 97-35 and Frederick Cooper Lamps, Inc. Dec. 231, 367 N.E.2d 684, 689-90 (1977)), and no section of theEnvironmental Protection Act provides otherwise. If the rule is inapplicable,no variance is necessary and no inquiry into arbitr...
Allowed
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