ILLINOIS POLLUTION CONTROL BOARD

July 17, 1975

CITY OF CARLYLE,

ILLINOIS,

)

Petitioner,

v.

)

PCB 75—253

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the City of Carlyle’s

(Carlyle)

amended

var-

iance petition for their coal fired boiler No.

1 from Sec-

tion

9(a)

of the Act and Rules 102,

103(b) (2),

104,

3—3.112,

203(g) (1) (B)

,

203(1) (4),

204 (c) (1) (A),

and 204 (h) (2) of the

Air Pollution Regulations.

Carlyle’s original petition

(PCB 75-165) was dismissed

on May 15,

1975

for inadequacy.

The amended petition has

not cured the defects

in the original petition.

Indeed,

it

states that “there sñould be little or no operation of the

Boiler

(p.

10)” and “Operation of the Boiler

is not antici-

pated...(p.

9)” and “...the boiler should not be needed,

in

other than very extraordinary, near disaster conditions

(p.

9).”

The Board will not grant variances where there is no

likelihood

that the variance will be used.

The Petition will be dismissed since

it

has not been shown that there

is any likeli-

hood that the variance will be used.

Peti-

tioner is not ct~.rrentlyin violation of any

Rules or Regulations and we can only specu-

late on the possibility of such a violation

in the future

We could indulge

in similar

speculation for most of the businesses

in

Illinois.

The variance procedure was not

intended for such remote possibilities and we

have no alternative but the dismissal of this

action without prejudice.

State of Illinois,

Department of Health, Manteno State Hospital

v.

EPA, PCB 74—352

(1974)

Additionally, th~Board will not grant a variance where

the Petitioner fails to undertake a program which would re-

sult

in compliance with the regulations.

See Rule 40l(viii).

18—

153

---

—2—

This Opinion constitutes the Board’s findings of fact

and law in this matter.

ORDER

It

is the Order of the Board that the petition of the

City of Carlyle,

Illinois,

be and is hereby dismissed.

IT

IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board,

hereby certify the above Opnion and Order

were adopted on the

__________

day of

_________,

1975 by a

vote of

~.O

Christan L. Mo fe

,

lerk

Illinois Pollutio

ntrol Board

18—