ILLINOIS POLLUTION CONTROL
    BOARD
    June
    6,
    1975
    ILLINOIS YOUTH CENTER?
    Petitioner,
    vs.
    )
    PCB 75—115
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Henss):
    Illinois Youth Center, by its Superintendent Robert J.
    Thomas,
    filed its Petition for Variance seeking relief from
    Rules 103(b)
    (operating permits)
    and 203(g) (1) (A)
    (particulate
    emission standard)
    of the Air Pollution Control Regulations.
    Petitioner seeks variance until September 10, 1975 in order
    to operate its coal-fired boilers pending conversion of the
    boilers to burn natural gas.
    As a division of the Illinois Department of Correction,
    Petitioner operates a facility near St. Charles,
    Illinois for
    the care and custody of youths committed to the Department of
    Corrections as juvenile delinquents.
    Heating, air conditioning
    and hot water requirements of the facility are supplied through
    operation of three coal—fired spreader stoker boilers.
    The
    facility generated its
    own
    electricity
    until
    June
    1,
    1974
    on
    which
    date
    Petitioner
    began
    purchasing
    electricity
    from
    Common-
    wealth
    Edison.
    This
    resulted
    in
    a
    40
    decrease
    in
    coal
    con-
    sumption
    at
    the
    facility.
    The
    facility
    can
    now
    be
    operated
    with
    only
    one
    boiler
    on
    line.
    In PCB 74-240, Petitioner was granted
    a variance from Rule
    3-3.112 of the Rules and Regulations Governing the Control of
    Pollution until March
    31, 1975 subject to certain conditions.
    One of these conditions required Petitioner to begin using a
    better grade of coal in its boilers to reduce the emissions.
    The Agency reports that Petitioner is now burning the higher
    quality
    coal
    in
    conformance
    with
    the
    Board
    Order.
    Petitioner
    17
    —277
    —2—
    was also required to apply for all necessary construction
    and operating permits by December 5,
    1974.
    The Agency reports
    that Petitioner has not applied for the permits as ordered.
    Petitioner plans to achieve compliance by replacing the
    coal fired boilers with
    a gas-fired boiler.
    A contract for
    natural gas has been signed and the gas will be available when
    the boiler is installed.
    Under the original compliance time-
    table, architect’s drawings were to be furnished by December 12,
    1974 and contracts let by January 15,
    1975.
    Completion
    of the
    project was scheduled for March
    31,
    1975.
    According to Petitioner, the architects were unable to
    complete the drawings and specifications within the time specified.
    The bids were in excess of budget and this caused the plans
    to be
    re-worked.
    New bids were requested by the Illinois Capital
    Development Board and will be received by April 16, 1975.
    It was first anticipated that construction period would
    be
    8
    to 10 weeks.
    Petitioner’s architect now states construction
    will begin on April
    23, 1975 and be completed on September 10,
    1975,
    a period of 20 weeks.
    The Agency states that construction
    “can be completed by October 12,
    1975”.
    No information is given
    to show why the project will take twice as long for completion
    under the new schedule.
    The difference between Petitioner’s
    date of September 10, 1975 for completion of construction and the
    Agency’s date of October
    12, 1975 is also not explained.
    In the prior variance proceeding, the Lake Charlotte
    Property Owners Association filed an Objection to the Grant of
    Variance.
    On condition that Petitioner
    be placed on an enforce-
    able time schedule, both the Agency and the Lake Charlotte
    Property Owners Association agreed to the grant of variance.
    The
    Board,
    the Agency and property owners are now entitled
    to an
    explanation for the extended construction period and the reason
    why Petitioner has not applied for the required permits.
    On April
    16,
    1975 the U.
    S. Supreme Court handed down its
    Opinion in Train, Administrator,
    Environmental Protection Agency,
    et al vs. Natural Resources Defense Council Inc.,
    et al,
    43 USLW
    4467
    (U.
    S.
    No.
    73—1742, April
    15, 1975).
    In brief, the U.
    S.
    Supreme Court ruled that the Clean Air Act authorizes the various
    states to grant variances from implementation plan requirements
    if such variances do not interfere with the attainment or main-
    tenance of national ambient air quality standards.
    Illinois is required to attain the ambient air standards by
    July 31, 1975 but the Illinois Implementation Plan provides for
    the grant of variances in accordance with the provisions of the
    17—278
    —3—
    Illinois Environmental Protection Act.
    Therefore,
    this Bc~
    can grant individual variances beyond July 31, 1975 if th?~
    variances do not interfere with the ~ttainment and subsequent
    maintenance of national ambient air
    ~ialit~standards.
    (See:
    Opinion and Order of the Board in
    ~
    PCB
    75—59, May
    8,
    1975).
    The record in the instant case is no~sufficient for the
    allowance of variance beyond July 31, 1975.
    There is no
    statement,
    testimony or data in the record from which we could
    determine whether the grant of this variancewill interfere with
    the attainment or maintenance of national ambient air quality
    standards.
    We will grant variance from March
    31, 1975 to and including
    July 31,
    1975.
    The architect’s delays in preparing drawings
    and specifications and in completing the bidding procedure will
    postpone the completion date by four months.
    We cannot extend
    the variance for more than four months unless there is an
    explanation for the longer contract schedule and there is
    compliance with the requirements of Train etc. vs. Natural Resources
    Defense Council,et al.
    If Illinois Youth Center chooses to submit a new Petition
    for Variance Petitioner should fully address those issues.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Illinois Pollution Control Board.
    ORDER
    It is the order of the Pollution Control Board that
    Petitioner Illinois Youth Center be granted variance from Rule
    203(g) (1) (A)
    of the Air Pollution Control Regulations from
    March
    31, 1975 to and including July 31, 1975 pending conversion
    of its boilers to burn natural gas.
    Variance from Rule 103(b)
    of the Air Pollution Control Regulations is denied.
    Petitioner
    shall apply to the Illinois Environmental Protection Agency for all
    necessary construction and operating permits.
    I, Christan L. Moffett, Clerk of the Illinois POllution Control
    Board, hereby certify the above Opinion and Order were adopted
    on the
    (~4\
    day of June,
    1975 by a vote of
    ~
    @1
    ~
    ~L~efr
    ~
    Illinois PollutioiY~6ntro1Board
    17
    —
    279

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