ILLINOIS POLLUTION CONTROL BOARD
April 4, 1974
CENTRAL
ILLINOIS LIGHT COMPANY
)
PETITIONER
)
v.
)
PCB 73-65
ENVIRONMENTAL PROTECTION AGENCY
)
RESPONDENT
)
ORDER OF THE BOARD (by Mr. Marder)
This case comes to the Board on Petition of Central Illinois
Light Company (CILCO) for Rehearing arid Reconsideration of Opinion.
The Board, in its Opinion of March 7, 1974, dismissed a variance
request from Rule 204 (c) of Air Regulations, Chapter 2, by CILCO
as premature. It was determined by the Board that because Rule
204 (c) is not effective until May, 1975, the Board could not grant
this variance because there is in fact no viol&tion, since the rule
does not yet exist (Opinion dated March 7, 1974, P. 2). The Board
concluded that since a variance is no more than a shield from pros-
ecution from Board Rules and Regulations, a variance is not proper
without a violation.
Since the Petition was not ripe for adjudica-
tion, tl’e Board ceuld
not grant the requested relief.
?hc ~oard has taken notice of Lhe extensive time and
funds which
went int.c
the creation of this
record, and has sugges’:ed that it
be
incorporated as part of any future variance record.
In th’ Petition now
under consideration, CILCO argues certain
concluou~cf the harch
7, 1974, Opinion of the Board. The conclus-
ions reached in
thz~t. Opinion are strictly informational and do not
apply to the question here considered.
CILCO further argues that it cannot receive operating permits as
required by Rule i~ (b) (~ (G) of Chapter 2 without a
compliance
plan or proof of ccrnplianoe.
The Beard aqrees with this point, but
reaches no conclusions as to its vaLidity.
This question was never
in issue during the case
CILCO~s .~eie request was variance
from
Rule 204 Cc).
In fact, th:~~-~
qu tic~ was never presented until
CILCO’s final brief was fi:cd wit.~ the r~oard.
The Board does not agree that
1.t
estopped from reaching this
decision.
This decision was ioade ~m1y after a full study of the
record in question.
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—2—
Therefore, this motion
to
reconsider is denied.
IT IS SO
ORDERED.
Mr. Henss dissents.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify that the above Order was adopted by the Board on
the 4th day of April, 1974, by a vote of 4 to 1.
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