ILLINOIS POLLIfl’TON CONTROL BOARD
    Pecembe: 9, 1971
    CiTY OF HIGHLAND
    )
    )
    )
    v.
    )
    f
    71—284
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    Opinion of the Board
    (by
    Mr. Currie):
    The City of highland operntes an electri.c generating
    station.
    Its Air Contaminant E;ciitsion Radurtion Program
    (I~cERP), approved by the Air Pollution Control Boarl, required
    replacement oi ~Soal-~ ir~d boi~.or:; vi th oil gas units by July
    1, 1971. The City petflinacad us ‘July 2 (4F7L•l81) for a variance
    exton~1ing this cjc.tc U: CY.L~sher 1
    0fl
    the ¶;xc~unc1
    that its supplier
    ta.~ ~:Li~c’~l
    .fll:42..
    ..a~ ~
    a,.ii_
    Jt:liw.~uy. Tlsi.r ;tgerscy
    recommondcd that the extension be allowed
    cm certain conditiors.
    In late September, however, the City asked for a further
    extans ion to
    ~Tanuary1, 1972,
    on the ground that
    oparating
    p:ob2ers had developed in the new units being installed and
    that the additional time was
    neoded for debugging. The
    2tgency’s recommendation, received December 2, is as before.
    We grant the variance as roqurstefl. The City has encountered
    delays for which no one ~as suggonted
    it can be
    blamed,
    and a
    shutdown of the old power plaat before the new is ready would
    cause disproportionate hardship to innocent citizens relying
    on the City for
    electricity.
    The Agency asks that a bond he postc:1 to assure compliance.
    The statute r:rovides for a bond, but we have g’~nerally allowed
    35
    dayc
    for thu
    filing o2
    soonrity,
    and
    in this
    case
    35
    days
    would he after the áatc’ for com~Jiance. We do not think the
    statute requires us
    to order a futile act. The Agency also
    asks that we impose several coiditions relating to standby use
    of the coal boilers after they are replaced. While we have
    inappropria:a cases upheld
    the .\gency’s right to raise issues
    bcyo:wl those tn the
    ~~tition,
    e.g., Groonlee Foundries v. EPA,
    ~ 70—33 (latch 17, 1971); tt.E. Staley & Co. v. EPA, fr 71—174
    (Sept. 30, 1971), we think that in a case like the present
    in which no hearing is scheduled we cannot act on such sugç’cstionn
    in the absence of more information in th~:Agency’s recomr,cz~.~ation.
    The Agency is welcome to bring any
    further preceeding
    it deems
    necessary with regard to issues not raised by the petition.
    This opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    The City of Highland is hereby granted a variance ex-
    tending the date for replacing its coal—fired generating
    units to January 1, 1972. Within 30 days after that date the
    City shall file a report with the Agency and with the Board
    indicating the status of its control program.
    I, Christen Mof!ett, Acting Clerk of tho Polluticn Control
    Board, car Lily
    that
    the Board ado9ted thu abovt~O~U.Lon
    this
    day of___________
    _____,
    971.
    / .‘
    3— 252

    Back to top