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