ILLINOIS POLLUTION CONTROL BOARD

August

28, 1986

ILLINOIS MILITARY AND

)

NAVAL DEPARTMENT,

)

Petitioner,

v.

)

PCB 86—123

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

On August 14, 1986,

the Board entered an Order

granting

expedited consideration of

a petition for variance from 35 Iii.

Adm. Code 201.144

filed

the same day by the Illinois Military and

Naval Department

(IMND).

In that Order,

the Board construed the

exemption contained in Section 201.146(c)

as

applying to the

National Guard Armory building

in question, and proposed

to

dismiss

the action on the grounds that variance was

unnecessary.

The Board solicited

an expedited response from the

Agency, which response was made

in the form of

a motion

to

dismiss filed August 21, 1986.

IMND has filed no response to the

motion.

However, on August 21, IMND filed copies of materials

which

it had inadvertently failed

to enclose with its August 14

petition.

The Agency moves to dismiss on the grounds that the request

for variance relief is premature,

in that the permit for the

Chicago Avenue National Guard Armory does not expire until May 9,

1989.

The Agency also notes

that in the R79—14 “Chapter

2 Clean-

Up” regulatory proceeding,

that

it has proposed that the Section

201.146(c) exemption

“be changed

to unquestionably exempt these

small gas—fired boilers from permit requirements”, and that

therefore

“the issues presented

in this case will probably never

require litigation or decision”.

The Board agrees with the Agency that the variance relief

requested for the Chicago Avenue Armory regarding

a permit

expiring three years hence

is premature,

and for

this reason

dismisses this petition.

The Board notes however, IMND’s

assertion in

its August 14 petition that the Chicago Avenue

Armory was chosen as

a test case,

because of its boilers’

larger

firing

rates and location

in Air Quality Control Region 67,

“to

determine the desirability

to file similar petitions for

an

additional

31 sites”.

Given the Board’s August 14, 1986

72-89

---

—2--

determination that armory uses are “residential or commercial”

uses within

the meaning of the Section 201.146(c)

exemption,

the

Board believes variance relief

is not necessary for the

31

additional sites, provided that their heating systems otherwise

comply with the exemption’s fuel and capacity limitations.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

day of

_____________________,

1986 by

a vote of ~2~’

~.

~X~4

Dorothy M. ~n,

Clerk

Illinois Pollution Control Board