ILLINOIS POLLUTION CONTROL BOARD
    March 21, 2002
     
    IN THE MATTER OF:
     
    PETITION OF CENTRAL ILLINOIS LIGHT
    COMPANY (E.D. EDWARDS
    GENERATING STATION) FOR AN
    ADJUSTED STANDARD FROM 35 ILL.
    ADM. CODE 214.141
    )
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    AS 02-4
    (Adjusted Standard – Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 28, 2002, Central Illinois Light Company (E.D. Edwards Generating
    Station) (CILCO) filed a petition for an adjusted standard pursuant to Section 28.1 of the
    Environmental Protection Act (Act) 415 ILCS 5/28.1 (2000). Along with the petition, CILCO
    filed a request for incorporation of documents by reference. CILCO filed a certificate of
    publication notice with the Board on March 13, 2002.
     
    CILCO seeks relief form the sulfur dioxide limits for three coal-fired boilers at their
    station located near Peoria in Peoria County, and requests that the Board grant an adjusted
    standard from 35 Ill. Adm. Code 214.141. CILCO received a variance from 35 Ill. Adm. Code
    214.141 in a Board order issued on April 15, 1999.
    See
    Central Illinois Light Company v. IEPA,
    PCB 99-80 (Apr. 15, 1999). The variance is effective through July 31, 2003. Boilers 1 and 3 are
    subject to a sulfur dioxide emission limit under a site-specific rule at 35 Ill. Adm. Code 214.561.
    Boiler 2 is subject to sulfur dioxide emissions limit under 35 Ill. Adm. Code 214.141.
     
    CILCO requests that the Board repeal the text of 35 Ill. Adm. Code 214.561 and replace
    it verbatim with text from the variance order of April 15, 1999.
    See
    CILCO, PCB 99-80 slip op.
    at 8-9
     
    Before the Board determines whether or not to accept this case, it should be noted that
    CILCO is requesting that 35 Ill. Adm. Code 214.561 be repealed or amended. The Board is
    concerned that the relief requested by CILCO may be contrary to the Act and the Administrative
    Procedures Act, (5 ILCS 100/1-1
    et seq
    . (2000)) in that CILCO is requesting the amendment of a
    rule in an adjusted standard proceeding. CILCO is directed to address this issue within 21 days
    of this order. The Board will reserve judgment on the acceptance of this case until that time.
     
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 21, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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