ELR Citation: ELR 20810
No(s). 73-1846 (7th Cir. Aug 22, 1974)

The Seventh Circuit Court of Appeals rejects a challenge to an EPA-established interim compliance schedule for controlling particulate air pollution from coke ovens in Illinois by December 31, 1974, the date set in the state implementation plan. The increment of progress dates within the schedule are reasonable given the compliance deadline, and must be upheld. Petitioner failed to seek review of the compliance date provision within 30 days of EPA's approval of the implementation plan, and thus cannot now attack that date as unreasonable. The court notes that in any case the date is not arbitrary, but is designed to prevent delay in cleaning the air. Petitioner may seek to qualify for an extension of time under the Act, even though EPA has represented that any such application will be denied because petitioner has made no effort to comply, and that an enforcement proceeding is inevitable.

Counsel for Petitioner
Randall Robertson
Lueders, Robertson & Kozen
1939 Delmar Ave.
Granite City, IL 62040

Leah S. Hamilton
Jenner & Block
One IBM Plaza
Chicago, IL 60611

Counsel for Respondent
Wallace H. Johnson Asst. Attorney General
Edmund B. Clark
Peter R. Steenland
Department of Justice
Washington, DC 20530