ILLINOIS POLLUTION CONTROL BOARD
    April
    12, 1979
    ROPER APPLIANCE,
    Petitioner,
    v.
    )
    PCB 78—291
    ENVIRONMENTAL PROTECTION
    AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Goodman):
    This matter is before the Board upon the November 21,
    1978 Petition of Roper Appliance
    (Roper) requesting relief
    from Rule 203(g)(1)
    of the Board’s Air Pollution Control
    Regulations for a coal-fired boiler located at its Kankakee,
    Illinois facility.
    No hearing was held in this matter, and
    the Board has received no public comment.
    Upon review of the Petition herein,
    it is apparent that
    Roper desires the Board to issue an emergency variance,
    i.e.,
    a variance which would allow the use of an uncontrolled
    boiler under emergency conditions whenever Roper’s gas—fired
    equipment fails
    to function.
    As
    is stated
    in page
    4 of the
    Petition,
    Roper’s objective
    “is to eliminate all coal burning
    process except for emergency conditions.”
    As the Board has stated in the past,
    the variance
    procedure is not designed to address the emergency emission
    of pollutants, but rather to allow a company
    to continue
    operation while pursuing and establishing compliance with
    the Regulations.
    (City of Breese
    v.
    EPA, PCB 77—200
    (1977);
    City of Mascoutah v.
    EPA, PCB 75-295
    (1975);
    State of
    Illinois, Department of Mental Health,
    Manteno State Hospital
    v. EPA,
    PCB 74—352 (1974).
    The instant petition,
    therefore,
    requests inappropriate relief, and the Board will dismiss
    the Petition without prejudice.
    This Opinion constitutes the findings of fact and
    conclusions
    of law of the Board in this matter.
    33—349
    2
    ORDER
    It
    is the Order of the Pollution Control Board that the
    November
    21,
    1978 Petition for Variance of Roper Appliance
    be and
    is hereby dismissed without prejudice.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were
    ado1pted on the
    ~
    day of
    ____________,
    1979 by a
    vote of~5~p
    Board
    Illinois Pollutio:
    33—350

    Back to top