ILLINOIS POLLUTION CONTROL BOARD
    December
    15,
    1988
    VILLAGE OF WINNETKA,
    )
    Petitioner,
    v.
    )
    PCB 88—164
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    HARVEY
    M.
    SHELDON AND SHELL J.
    BLEIWEISS
    OF McDERMOTT, WILL,
    &
    EMERY APPEARED ON BEHALF OF PETITIONER THE VILLAGE OF WINNETKA.
    WILLIAM
    D.
    INGERSOLL APPEARED ON BEHALF OF RESPONDENT THE
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter
    is before the Board on an October
    17,
    1988
    variance petition filed
    by the Village of Winnetka
    (Winnetka).
    Winnetka filed
    an amended
    petition on November
    22,
    1988.
    Winnetka seeks
    a variance from 35
    Ill. Adm.
    Code 212.201, which
    governs particulate emissions
    in
    the Chicago
    area,
    until
    September
    30,
    1991.
    The variance would allow time for the
    design,
    installation,
    and testing
    of control equipment sufficient
    to meet the 0.1 pounds of particulate per million British thermal
    units
    (lbs/mmBtu) set
    forth
    in Section 212.201.
    The Illinois
    Environmental Protection Agency
    (Agency)
    filed
    its recommendation
    on November
    29,
    1988,
    recommending that the variance be granted
    subject to conditions.
    A public hearing was held
    at the Winnetka
    Village Hall on December
    5,
    1988.
    The Board
    today grants the requested variance subject
    to
    conditions.
    An Opinion supporting this variance will
    follow at
    a
    later
    date.
    The Village of Winnetka
    (Winnetka)
    is hereby granted
    a
    variance from 35 Ill. Adm.
    Code 212.201
    for its boiler
    #8
    at
    its
    Tower Road electric generating plant, subject
    to the following
    conditions:
    1.
    This variance shall
    expire on September
    30,
    1991.
    2.
    Winnetka shall
    use coal
    as fuel
    to produce electricity
    only when
    it
    is unable to purchase electricity from
    another source
    for
    less
    than 31 mils/KWH,
    or purchase
    94—123
    —2--
    natural gas
    at
    a price such that the cost
    of production
    is less than
    31 mils/KWH, except
    that coal may be burned
    in small quantities
    as
    necessary
    to maintain the
    protective
    ash on the boiler grate(s),
    as provided
    in
    condition
    14.
    3.
    Winnetka’s plant
    shall
    be subject
    to
    a particulate
    emission limit of 0.25
    lbs/mml3tu.
    4.
    Winnetka shall
    reasonably maintain its multiple cyclone
    in good
    operating condition.
    5.
    Winnetka shall
    record the pressure drop across
    the
    control equipment
    at least once during each eight—hour
    shift during which
    coal
    is burned.
    6.
    Winnetka shall
    perform
    a stack test
    of particulate
    emissions, pursuant
    to
    a test protocol
    agreed upon with
    the Agency,
    by June
    1,
    1989.
    If said stack test does
    not indicate an emission rate of
    0.25 lb/mmBtu or
    less,
    Winnetka shall perform necessary maintenance or repair
    to achieve compliance with
    a
    limit of
    0.25 lb/mmBtu
    and
    demonstrate said compliance by engineering data
    or
    retesting.
    7.
    Winnetka shall report any coal burning operation,
    except
    for grade
    ash maintenance,
    to the Agency on
    a form as
    set forth
    in Condition
    8.
    The form shall
    include
    information demonstrating
    the unavailability
    of
    alternative electricity or natural gas
    as provided
    in
    condition
    2.
    Such reports
    shall
    be mailed within five
    business days of
    the coal
    burning operation
    to the
    Agency,
    addressed
    to:
    Manager, Field Operations
    Section
    Division of Air Pollution Control
    Illinois Environmental Protection Agency
    1701 First Avenue
    Maywood,
    Illinois 60153
    8.
    The form for reporting
    coal
    use
    to the Agency shall
    be
    as follows:
    To:
    Illinois EPA
    From:
    Village of Winnetka Electric Plant
    Date:
    ___________________________________
    Pursuant
    to our coal burning variance,
    we hereby report.
    94—124
    —3—
    Date of coal burning:
    ___________________________
    Hours of operation on coal:
    m to
    Tn
    Tons
    of coal burned:
    ____________
    tons
    Total hours/date
    of production
    of electricity on coal:
    _____hrs.
    Electricity purchase cost:
    ________mils/KWH
    Natural
    gas
    cost:
    mmBtu
    ________
    x
    1
    mmBtu
    x
    15,500
    Btu
    $
    KWH
    mmBtu
    1,000,000
    Btu
    KWH
    Natural gas production
    cost
    in mils: ____________mils/KWH
    Submitted
    By
    ___________________________
    (Print)
    Signature
    Note:
    1000 mils=
    $1.00
    9.
    Winnetka shall allow the Agency access,
    upon request,
    to
    records of electric and natural gas purchases,
    reports
    of fuel
    use,
    and any other records which
    are required by
    this variance,
    or contain information necessary
    to
    determine compliance with this variance.
    10.
    Winnetka shall further perform
    a stack
    test of
    particulate emissions pursuant
    to
    a test protocol agreed
    upon with the Agency,
    by August
    30,
    1990,
    if
    it has
    produced electricity by burning coal on more than 90
    days during the year ending on June
    1,
    1990.
    11.
    Winnetka shall
    submit,
    by November
    1,
    1989,
    a
    construction permit application
    for the construction
    of
    air pollution control equipment adequate to achieve
    compliance with the limitations
    of
    35
    Ill.
    Adm.
    Code
    212.201.
    12.
    Winnetka
    shall
    commence
    construction
    of
    the
    air
    pollution control equipment by February
    1,
    1990
    if
    a
    construction
    permit
    has
    been
    granted
    by
    the
    Agency.
    13.
    Winnetka shall complete construction
    of
    the air
    pollution control equipment by June
    1,
    1991.
    Compliance
    94—125
    —4—
    testing may be required by the construction
    permit.
    14.
    Nothing
    in this Order
    shall prohibit Winnetka from
    burning
    small quantities
    of
    coal
    to maintain an adequate
    ash bed
    on the boiler grate(s).
    This shall
    not be
    considered
    the production of electricity by burning coal
    for purposes
    of condition
    10.
    No more than
    33
    tons
    of
    coal per week shall
    be burned under
    this exemption.
    15.
    Winnetka shall submit any necessary documents or
    information to amend
    its pending operating permit
    application
    to reflect operating under
    the terms of this
    Order.
    16.
    Winnetka shall timely apply for
    an operating permit
    consistent with
    35
    Ill.
    Adm.
    Code 212.201 prior
    to the
    expiration
    of this variance.
    17.
    Within
    45 days of the date
    of this Order, Winnetka shall
    execute
    and forward
    to William
    D.
    Ingersoll,
    Enforcement
    Programs,
    Illinois Environmental Protection Agency,
    2200
    Churchill Road,
    P.O.
    Box 19276,
    Springfield,
    Illinois
    62794—9276,
    a Certificate
    of Acceptance
    and Agreement
    to
    be bound
    to all terms and conditions
    of
    this variance.
    The 45-day period shall be held
    in abeyance during any
    period that this matter
    is being appealed.
    Failure to
    execute
    and forward
    the Certificate within 45 days
    renders
    this variance void.
    The form of
    said
    Certification shall
    be
    as follows:
    CERTIFICATION
    I,
    (We), _____________________________,
    hereby accept and
    agree
    to be bound by all terms and conditions
    of the Order
    of the
    Pollution Control Board
    in PCB 88—164,
    December
    15,
    1988.
    Petitioner
    By:
    Authorized Agent
    Title
    94—126
    —5—
    Date
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    /~
    day
    of
    ,~L-~4-~-’
    ,
    1988,
    by
    a
    vote
    of
    7
    —
    /
    /,
    ~~_//
    ~
    Dorothy
    4.
    ,Gunn, Clerk
    Illinois Pcijlution Control
    Board
    94—127

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