Petition for Review of a Regulation of the United States Environmental Protection Agency.
Clark, Associate Justice,*fn* Cummings and Sprecher, Circuit Judges.
This matter arises on Granite City Steel Company's ("the Company's") petition to review a regulation promulgated by the United States Environmental Protection Agency ("EPA") on August 23, 1973. The Company has asked us to suspend and set aside the regulation.
The regulation in question promulgates an interim compliance schedule for coke-oven pushing and quenching operations in Illinois. It provides as follows (40 CFR § 52.730(b)(2)(ii), 38 F.R. 22742):
"The owner or operator of any stationary source subject to Illinois Air Pollution Control Regulation Rule 203(d)(6)(B)(ii) (bb) shall take the following actions with respect to the source no later than the date specified.
"(a) September 30, 1973 -- Advertise for bids for purchase and construction or for modification of equipment sufficient to control particulate emissions from the source.
"(b) November 15, 1973 -- Award contracts for emissions control systems or process modification, or issue orders for the purchase of component parts to accomplish emission control or process modification.
"(c) March 31, 1974 -- Initiate onsite construction or installation of emission control system.
"(d) October 31, 1974 -- Complete onsite construction or installation of emission control system.
"(e) December 31, 1974 -- Achieve final compliance with Illinois Air Pollution Control Regulations Rule 203(d)(6)(B)(ii)(bb)."
The Illinois rule referred to in the final paragraph of the federal regulation provides:
"On and after December 31, 1974, all coke-oven facilities shall be equipped with enclosed pushing and quenching systems with particulate collection equipment, or shall employ alternative methods of comparable effectiveness in reducing emission during pushing and quenching."
This rule was part of the State of Illinois Air Pollution Implementation Plan. The federal regulation was one of several compliance schedules promulgated by EPA in furtherance of the State plan. It required companies operating coke ovens in Illinois to meet the four interim achievement dates established therein in order to assure progress towards full compliance with the December 31, 1974, Illinois ...