ILLINOIS POLLUTION CONTROA
    t~)AiW
    September 15,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    Respondent.
    )
    )
    )
    ORDER OF THE BOARD
    (by Mr.
    Goodman):
    On August 19,
    1977, the City of Breese submitted a motion
    requesting the Board to clarify
    ts Order of August
    4,
    1977, dis-
    missing the City’s variance petition.
    The pe~:itionwas dismissed
    because it requested a variance to operate the City~sBoiler No.
    2
    on coal fuel during a potential emergency situatiQn~ The Board has
    consistently held that it does not grant variances for use in
    emergency situations as the variance procedure was not intended to
    excuse mere potential violations
    of the regulations~ (~~of
    Mascoutah v, EPA, PCB 75-295
    (1975); ~
    of Mental Health, Manteno State Hospital v~EPA, PCB 74~352 (1974).
    As clarification, the Board points out that a variance is
    merely a shield from prosecution.
    In denying a variance request,
    the Board does not and cannot prohibit the Petitioner from engaging
    in the subject activity, i.e. operation of the boiler on coal fuel
    during a potential power shOrtage.
    The Board merely denies Peti-
    tioner a shield from prosecution for operating in violation of the
    Regulations.
    However, should any such prosecution arise,
    the fact
    that the City violated the Regulations solely in response to an
    emergency situation would, of course, be a factor in the City’s
    favor that the Board would consider.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the 15th
    day of September, 1977 by a vote of 4-0
    V
    CITY OF BREESE
    Illinois Polluti

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