Court of Appeals for the Seventh Circuit March 23, 1979, 78-1775 (Central Illinois Public Service Company v. United States Environmental Protection Agency)

CASTLE, Senior Circuit Judge.

The question presented is whether section lll(j) of the Clean Air Act, 42 U.S.C. § 7411(j), permits a company to apply for an innovative technology waiver of new source performance standards (NSPS) after putting into operation the new source

1

for which the waiver is sought.