ILLINOIS POLLUTION CONTROL BOARD

August 7, 1975

CITY OF MASCOUTAH,

Petitioner,

v.

)

PCB 75—295

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon the City of Mascoutah’s (Mascoutah) petition

for variance to temporarily operate, “in emergency situations

only,” its No. 2 coal—fired boiler. Specifically, Mascoutah

seeks a variance from Section 9 (a) of the Environmental

Protection Act and Rules 103(b) (2), 104, 203(g) (1) (B),

203(i) (4)

,

204(c) (1) (A)

,

204 (h) (2) of the Air Regulations

and the Order in PCB 72—219.

This is Mascoutah’s third petition for variance in case

of emergency. The Board does not grant variances for use in

emergency situations as the variance procedure was not

intended to excuse remote possibilities of violations of the

regulations. See State of Illinois, Department of Mental

Health, Manteno State Hospital v. EPA PCB 74—352 (1974);

Stein Hall and Company v. EPA PCB 73-561. As Mascoutah

seeks its variance for emergency purposes, the Board must

dismiss its petition.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

It is the Order of the Board that the City of Mascoutah’s

petition for variance from Section 9(a) of the Environmental

Protection Act and Rules 103(b) (2), 104, 203(g) (l)(B),

203(i) (4), 204(c) (1) (A), 204(h) (2) of the Air Regulations

and

the

Order in PCB 72—219 be and is hereby dismissed.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order

were adopted on the ~

day of

________,

1975 by a

vote of ~—c~

Illinois Pollution