ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    March 3,
    1971
    MILES
    LABORATORIES,
    INC.
    )
    v.
    )
    1
    70—51
    )
    )
    ENVIRONMENTAL
    PROTECTIqN
    AGENCY
    )
    OLIN
    CORP.
    )
    )
    )
    v.
    )
    1
    70—118
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    Opinion of the Board
    (by Mr. Currie):
    Olin and Miles both
    purchased
    coal containing about 1.15
    sulfur to burn in the event of an air pollution episode, as re-
    quired by regulations adopted in early 1970 by the Air Pollution
    Control Board.
    Later the present Board amended the regulations
    to require fuel containing less than 1.0
    sulfur.
    Both companies
    have applied for variances to permit use of their present coal
    supplies.
    Believing no intensive factual inquiry to be necessary,
    we have proceeded without hearing.
    We think the Olin petition should be granted.
    Not only is
    the difference between 1
    and 1.15
    sulfur rather small in comparison
    to the 3.5—sulfur
    coal normally burned in Illinois, but Olin
    has a firm gas contract and expects to burn coal only in the
    unlikely event of an outage of its gas supply,
    Consequently Olin
    cannot burn the low—sulfur coal it has purchased in the ordinary
    course of its operations; it would have to resell its present
    supply, at some inconvenience, and probable loss.
    We think the
    small difference in emissions——if indeed there would be any
    difference, since the present regulation does not guarantee that
    the fuel chosen have a high BTU content——is not worth requiring this
    extra expense.
    We note that the situation is temporary; Olin has
    promised to replenish its
    supply, after use With fuel meeting the
    new regulation.
    The position of Miles is somewhat different.
    Miles burns,
    coal regularly, and it can utilize its present low—sulfur coal
    1-293
    supply
    in its daily operations.
    It is alleged that no
    coal con-
    taining less than 1
    sulfur
    is available,
    but the Agency disputes
    the allegation,
    and it
    is refuted by the Olin representation that
    such fuel will be obtained in the future.
    We have today proposed
    a new regulation that would in substance require
    the use at all
    times of fuel containing less than
    1.5
    sulfur in the Illinois
    portion of the St.
    Louis region,
    in which Miles
    is located.
    No
    significent hardship
    will be imposed by denying the present re-
    quest,
    since Miles will find
    its present coal supply ideally
    suited for everyday use if the new regulation is adopted.
    ORDER
    On the basis
    of the record, and
    for the reasons given in
    the Board’s opinion,
    the request
    for variance
    in #70—51, Miles
    Laboratories
    v.
    EPA.
    is denied.
    The request
    in
    //
    70—’48,
    Olin
    Corp.
    v.
    EPA,
    is granted to permit the use during
    episode conditions
    of existing stocks of coal containing
    l.l’4
    sulfur,
    as if its
    sulfur content were
    less than
    1.
    This variance
    shall expire
    March 3,
    1972.
    I, Regina
    E. Ryan, Clerk of the Pollution Control Board, certify
    that the~Board adopted the above Opinion and Order this
    ~
    day of
    ,
    1971.
    ~ dissent:
    7
    I
    c7ó~cur
    I
    I

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