ILLINOIS POLLUTION C~N”ROLBOARD
    October 18, 1973
    MT. CARMEL PUBLIC UTILITY COMPANY,
    Petitioner,
    vs.
    .)
    PCB 73—300
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. ~aman)
    On July 25, 1973, Petitioner, Mt. Carmel Public
    Utility Company, filed its Petition for Extension of
    Variance. Petitioner operates an electric power
    generating station in Mt. Carmel, County of Wabash,
    Illinois.
    Petitioner was granted a Variance for the operation
    of its three coal-fired boilers by an order of this
    Board (PCB 7l-l5R) entered November 11, 1971. On
    August 4, 1972, Petitioner filed its supplemental petition
    for a continuance of that Variance and the Board granted
    the extension sought (PCB 72-330) on October 31, 1972.
    Petitioner, by the instant action, seeks a further
    extension of the original Variance until June 30, 1974,
    at which time Petitioner claims it will achieve compliance
    with present emission standards. It is noted that when
    this Board granted the first extension of variance to
    October 31, 1973, we anticipated Petitioner’s present
    request for a further extension. At that time, the
    Board conditiOned further extension to June 30, 1974,
    upon a showing of satisfactory progress in Petitioner’s
    compliance program.
    Petitioner presently has three boilers vented to two
    turbines. For reference, these boilers are called
    Boiler No. 1, 4 and 5. The Board~soriginal Order
    (PCB 71-l5R) required Petitioner to be in compliance with
    applicable particulate regulations by June 30, 1974.
    The following control program was established:
    — 565
    —2—
    1. Boiler No. 5 was to be converted to gas and
    oil by March 30, 1973;
    2. A 69 Ky line from Mt. Carmel to Keensburg
    to allow an interconnection between Petitioner and
    Central Illinois Public Service Corporation. This
    was to be completed by January, 1973;
    3. A 138 KV line to be initially operated at
    69 KV from Keensburg to CIPS Albion, Illinois substation.
    On August 7, 1973, an Agency representative visited
    Petitioner’s facility to observe progress made and to
    discuss the progress control program. Boiler No. 5
    was
    converted to gas and oil on schedule as required by the
    original Board Order. The 69 KV line from Mt. Cannel
    to Keensburg was also completed on schedule as required
    by the original Board Order.
    The construction of a 138 KV line from Keensburg
    to Albion substation (item 3, above) has run into
    difficulties in obtaining right-of-way easements.
    Therefore, Petitioner will not have this line completed
    by June 30, 1974 and proposes in this Variance request
    the following alternative plan:
    (a) Conversion of Boiler No. 1 to gas
    and oil to be completed by May 1, 1974 with
    the boiler going out of service January 1, 1974;
    (b) Boiler No. 4, Petitioner’s last
    coal-fired boiler, will be retired on or before
    June 30, 1974 in compliance with the Board’s
    original Order.
    Petitioner’s Variance request (paragraph 3-5) details
    problems Petitioner has had in obtaining right-of—way
    easements for this line. The record in PCB 72—330, the
    extension to PCB 71-l5R, contains details of problems
    Petitioner has encountered. In obtaining easements, the
    Agency is of the opinion that Petitioner has shown good
    faith in developing the 138 KV line and problems encountered
    in said development are not self—imposed.
    9— 566
    —3—
    To meet the June 30, 1974, compliance date set in
    the initial Board Order (PCB 7l—15R), Petitioner will
    convert Boiler No. 1 to gas and~l by May, 1974,with
    a shut down date of January, 1974. Boiler No. 4 will
    be shut down by June 30, 1974. The Agency is of the
    opinion that this program will achieve compliance sooner
    than the 138 KV line and will, further, achieve compliance
    by the date specified in the initial Board Order. Si~ce
    each of Petitioner’s boilers is smaller than 250 x 10 BTU/hr
    input, the facility will be unaffected by the Proposed
    Energy Policy Office Regulations (38CFR 167, 8/29/73, pp.
    2333—23340, EPA, Reg. 2)
    The Board is satisfied that Petitioner has applied
    itself with good fa3.th and diligence to the compliance
    program ordered on November 11, 1971. The quarterly
    progress reports submitted by Petitioner are substantiat~ed
    by the Agency and it appears that Petitioner will be in
    full compliance before the date we anticipated. The
    alternative plan submitted by Petitioner and contained in
    the body of this Opinion is hereby approved.
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that
    Petitioner, Mt. Carmel Public tJtility Company, be granted
    an extension of the subject Variance until June 30, 1974,
    provided: that all applicable conditions in the Orders
    of the Rllution Control Board inR~B7l-l5R and PCB 72-330
    shall remain in full force and effect.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above 0 inon and
    Order was adopted on the
    /~3~’-
    day of
    __________________
    1973 by a vote of ~
    to
    ~j
    9—567

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