ILLINOIS POLLUTION CONTROL BOARD
December
4,
1980
UNITED STATES DEPARTMENT OF ENERGY,)
)
Petitioner,
)
v.
)
PCB 80—158
)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
VICKIE ALSPAUGH AND DAVE SMITH APPEARED ON BEHALF OF PETITIONER.
PETER
E.
ORLINSKY APPEARED ON BEHALF OF RESPONDENT.
OPINION AND
ORDER
OF THE BOARD
(by I. Goodman):
On August 28, 1980 the United States Department of Energy
filed a petition for a variance before the Board requesting relief
from certain of the Board’s rules and regulations for boiler #5
located at Argonne National Laboratory (ANL)
in Downers Grove
Township, DuPage County,
Illinois.
Hearing was held in this
matter on November 20, 1980 and the Board has received some
public comment.
On September 4,
1980 the Board entered an Order herein dis-
missing the action without prejudice and stating that the petition
failed to request relief which the Board could grant.
Upon recon-
sideration of the petition, the Board on October
2,
1980 entered
an Order herein reinstating the case,
striking certain portions of
the petition,
and ordering hearing to be held.
The subject of this petition is boiler #5 at ANL which is
undergoing conversion from the presently used natural gas and oil
fuels to coal under a prohibition order issued by the United States
Department of Energy pursuant to the Power Plant and Industrial
Fuel Use Act of 1978.
The boiler has a rated capacity of 212
million Btu’s/hr. and was originally designed and continues to
have the capability to burn coal.
In order to meet state and
federal air pollution regulations ANL plans to install a fabric
filter baghouse and a dry sulfur dioxide scrubber.
Final testing
of the control equipment is proposed to be completed by April,
1982.
ANL requests variance from Rule 307(a)(2)(B)
(secondary
particulates air quality standard)
of Chapter 2 of the Board’s
Air Pollution Control Regulations in order to immediately insti-
tute the use of Illinois coal as fuel during the period of
construction
and. testing of the new equipment.
Completion of the
proposed equipment installation will result in full compliance
with the Board’s regulations.
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The United States Environmental Protection Agency has pro-
posed to issue a delayed compliance order
(DCO) which would give
relief to ANL from federal regulations promulgated under the
Illinois State Implementation Plan and the Clean Air Act’s primary
ambient air quality standards where applicable.
Concurrence of the
state is necessary for the issuance of the DCO.
The Illinois
Environmental Protection Agency is of the opinion that the proposed
use of
Illinois coal during the project construction period would
result in a violation of both Rule 307(a)(2)(B)
and Rule 204(b) (1),
which sets emission limitations on sulfur dioxide.
ANL alleges an arbitrary and unreasonable hardship would
occur should it be forced to burn gas or oil rather than coal
during the period before installation of the equipment is
completed.
ANL estimates an additional cost of over $800,000
to burn natural gas as opposed to coal would be incurred and
states that an insignificant increase in sulfur dioxide and
particulate emissions would result from the variance.
The
Agency responds that although the area is attainment for sulfur
dioxide,
it is not attainment for particulates with respect to the
non-health related secondary standards and that the projected
increase in particulate emissions would not be insignificant.
The Agency,
therefore, recommends that the Board deny ANL’s request
for variance.
Although it is true,
as the Agency states in its recommenda-
tion, that the Board’s policy in the past has been that economic
hardship in and of itself it not sufficient to grant a variance
under the Illinois Environmental Protection Act,
the Board has
granted variance where other factors exist in addition to the
economic factor,
and where the harm to the environment is
de minimus.
A 1980 report by PEDCO Environmental, Inc. projects
that the maximum increase to the ambient a~rconcentration of
particulates from boiler #5 will be
3 ug/m
,
expressed as an
annual geometric mean.
The nearest monitoring station to ANL is
located at Darien, Illinois, where the ann~a1geometric3nieans for
particulates in 1978 and 1979 were 69 ug/m
and 60 ug/m
,
~espect-
ively.
The secondary standard for particulates is 60 ug/m
as an
annual geometric mean.
Considering the very slight maximum potential increase in
the concentration of particulates, the relatively short length of
time involved, and federal policy, the Board finds that the
increase in pollution caused by burning coal during the interim
period will not be significantly harmful to the citizens of this
state.
The Board takes notice of both national and the state
policies concerning energy consumption and the use of coal as a
primary fuel.
The State of Illinois in particular has vast
resources of that fuel and it is established state policy to
utilize Illinois coal consistently with the attainment of envi-
ronniental goals.
The Board also takes notice of the status of the
Illinois coal mining industry and its workers, many whom are
unemployed in part because of the depressed condition of their
industry.
Weighing these factors against the insignificant
increase in pollution which will result from the burning of coal,
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on an interim basis, without air pollution control equipment,
the
Board finds that it would impose an unreasonable hardship upon ANL
were variance not to be granted.
Since boiler *5’s operation will be altered by switching
fuels, it is termed a “new” source and thus is subject to Rule
204(b)(1)
(sulfur dioxide emission limitations),
The Board
shall, therefore,
grant variance to ANL from Rules 204(b)(1) and
307(a)(2)(B)
consistent with this Opinion until June 1,
1982 or
until the completion of the installation and testing of the
proposed pollution control equipment, whichever first occurs.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
The United States Department of Energy,
Argonne National
Laboratory,
is hereby granted variance from Rules 204(b) (1) and
307(a)(2)(B) of Chapter 2:
Air Pollution Control Rules and
Regulations w~itilJune
1,
1982 or until the completion of the
installation and testing of the control equipment proposed in its
petition on boiler #5, whichever first occurs.
IT IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that
4the
above Opinion and Order
were,~adoptedon the
~1~I
day of
~4~±?~
1980 by a vote
of~-O.
Illinois Polluti
1 Board
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