Agency had argued “that no provision of the Act or Board regulations require the Agency to make a binding determination on ERCs, and thus, the Agency’s decision on February 22, 2010 letter is not a reviewable decision”.
Chicago Coke, PCB 10-75, slip op.
Pet.
Exh.
A
at 9. On January 17, 2008, Bureau Chief Laurel Kroack orally stated that the Agency would not recognize the ERCs because Chicago Coke had shut down more than five years ago, but she agreed to reconsider the determination if ...
Allowed
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