ILLINOIS POLLUTION CONTROL BOARD

January 31, 1972

SOUTHERN ILLINOIS POWER COOPERATIVE

v.

)

PCB 72—30

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board (by Mr. Currie):

The petitioner operates a 100-megawatt coal-fired power

plant on the Lake of Egypt south of Marion. The petitioner

alleges that this plant is equipped with mechanical dust collectors

of 69 efficiency which do not always, enable its emissions to

meet the regulation standards. The cooperative alleges that it

intends to correct this problem and has employed a consulting

firm to establish a plan for doing so and for controlling sulfur

dioxide as well “if possible.” A variance is sought to prevent

shutdown and loss of electric service while this program is being

pursued.

The petition is premature. We cannot grant an open—ended

variance in the absence of a control program. See York Center

v. EPA, #72-7 (Jan. 17, 1972). When a firm program is developed

we shall be prepared to entertain a new petition. But we need

to know what we are being asked to approve. In the meantime,

the absence of a variance does not mean the plant must shut

down now any more than before the petition was filed. We

merely decline until a program is presented to give any shield

against possible enforcement actions.

The petition is dismissed on the ground that no variance

could be granted even if all the allegations were proved.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that t  Board adopted the above Opinion and~Order this 

day ~          

1972 by vote of 

~$‘

/~7

—

539