ILLINOIS POLLUTION CONTROL BOARD
December
15,
1988
VILLAGE OF WINNETKA,
)
Petitioner,
v.
)
PCB 88—164
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
HARVEY
M.
SHELDON AND SHELL J.
BLEIWEISS
OF McDERMOTT, WILL,
&
EMERY APPEARED ON BEHALF OF PETITIONER THE VILLAGE OF WINNETKA.
WILLIAM
D.
INGERSOLL APPEARED ON BEHALF OF RESPONDENT THE
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
ORDER OF THE BOARD
(by J. Theodore Meyer):
This matter
is before the Board on an October
17,
1988
variance petition filed
by the Village of Winnetka
(Winnetka).
Winnetka filed
an amended
petition on November
22,
1988.
Winnetka seeks
a variance from 35
Ill. Adm.
Code 212.201, which
governs particulate emissions
in
the Chicago
area,
until
September
30,
1991.
The variance would allow time for the
design,
installation,
and testing
of control equipment sufficient
to meet the 0.1 pounds of particulate per million British thermal
units
(lbs/mmBtu) set
forth
in Section 212.201.
The Illinois
Environmental Protection Agency
(Agency)
filed
its recommendation
on November
29,
1988,
recommending that the variance be granted
subject to conditions.
A public hearing was held
at the Winnetka
Village Hall on December
5,
1988.
The Board
today grants the requested variance subject
to
conditions.
An Opinion supporting this variance will
follow at
a
later
date.
The Village of Winnetka
(Winnetka)
is hereby granted
a
variance from 35 Ill. Adm.
Code 212.201
for its boiler
#8
at
its
Tower Road electric generating plant, subject
to the following
conditions:
1.
This variance shall
expire on September
30,
1991.
2.
Winnetka shall
use coal
as fuel
to produce electricity
only when
it
is unable to purchase electricity from
another source
for
less
than 31 mils/KWH,
or purchase
94—123
—2--
natural gas
at
a price such that the cost
of production
is less than
31 mils/KWH, except
that coal may be burned
in small quantities
as
necessary
to maintain the
protective
ash on the boiler grate(s),
as provided
in
condition
14.
3.
Winnetka’s plant
shall
be subject
to
a particulate
emission limit of 0.25
lbs/mml3tu.
4.
Winnetka shall
reasonably maintain its multiple cyclone
in good
operating condition.
5.
Winnetka shall
record the pressure drop across
the
control equipment
at least once during each eight—hour
shift during which
coal
is burned.
6.
Winnetka shall
perform
a stack test
of particulate
emissions, pursuant
to
a test protocol
agreed upon with
the Agency,
by June
1,
1989.
If said stack test does
not indicate an emission rate of
0.25 lb/mmBtu or
less,
Winnetka shall perform necessary maintenance or repair
to achieve compliance with
a
limit of
0.25 lb/mmBtu
and
demonstrate said compliance by engineering data
or
retesting.
7.
Winnetka shall report any coal burning operation,
except
for grade
ash maintenance,
to the Agency on
a form as
set forth
in Condition
8.
The form shall
include
information demonstrating
the unavailability
of
alternative electricity or natural gas
as provided
in
condition
2.
Such reports
shall
be mailed within five
business days of
the coal
burning operation
to the
Agency,
addressed
to:
Manager, Field Operations
Section
Division of Air Pollution Control
Illinois Environmental Protection Agency
1701 First Avenue
Maywood,
Illinois 60153
8.
The form for reporting
coal
use
to the Agency shall
be
as follows:
To:
Illinois EPA
From:
Village of Winnetka Electric Plant
Date:
___________________________________
Pursuant
to our coal burning variance,
we hereby report.
94—124
—3—
Date of coal burning:
___________________________
Hours of operation on coal:
m to
Tn
Tons
of coal burned:
____________
tons
Total hours/date
of production
of electricity on coal:
_____hrs.
Electricity purchase cost:
________mils/KWH
Natural
gas
cost:
mmBtu
________
x
1
mmBtu
x
15,500
Btu
$
KWH
mmBtu
1,000,000
Btu
KWH
Natural gas production
cost
in mils: ____________mils/KWH
Submitted
By
___________________________
(Print)
Signature
Note:
1000 mils=
$1.00
9.
Winnetka shall allow the Agency access,
upon request,
to
records of electric and natural gas purchases,
reports
of fuel
use,
and any other records which
are required by
this variance,
or contain information necessary
to
determine compliance with this variance.
10.
Winnetka shall further perform
a stack
test of
particulate emissions pursuant
to
a test protocol agreed
upon with the Agency,
by August
30,
1990,
if
it has
produced electricity by burning coal on more than 90
days during the year ending on June
1,
1990.
11.
Winnetka shall
submit,
by November
1,
1989,
a
construction permit application
for the construction
of
air pollution control equipment adequate to achieve
compliance with the limitations
of
35
Ill.
Adm.
Code
212.201.
12.
Winnetka
shall
commence
construction
of
the
air
pollution control equipment by February
1,
1990
if
a
construction
permit
has
been
granted
by
the
Agency.
13.
Winnetka shall complete construction
of
the air
pollution control equipment by June
1,
1991.
Compliance
94—125
—4—
testing may be required by the construction
permit.
14.
Nothing
in this Order
shall prohibit Winnetka from
burning
small quantities
of
coal
to maintain an adequate
ash bed
on the boiler grate(s).
This shall
not be
considered
the production of electricity by burning coal
for purposes
of condition
10.
No more than
33
tons
of
coal per week shall
be burned under
this exemption.
15.
Winnetka shall submit any necessary documents or
information to amend
its pending operating permit
application
to reflect operating under
the terms of this
Order.
16.
Winnetka shall timely apply for
an operating permit
consistent with
35
Ill.
Adm.
Code 212.201 prior
to the
expiration
of this variance.
17.
Within
45 days of the date
of this Order, Winnetka shall
execute
and forward
to William
D.
Ingersoll,
Enforcement
Programs,
Illinois Environmental Protection Agency,
2200
Churchill Road,
P.O.
Box 19276,
Springfield,
Illinois
62794—9276,
a Certificate
of Acceptance
and Agreement
to
be bound
to all terms and conditions
of
this variance.
The 45-day period shall be held
in abeyance during any
period that this matter
is being appealed.
Failure to
execute
and forward
the Certificate within 45 days
renders
this variance void.
The form of
said
Certification shall
be
as follows:
CERTIFICATION
I,
(We), _____________________________,
hereby accept and
agree
to be bound by all terms and conditions
of the Order
of the
Pollution Control Board
in PCB 88—164,
December
15,
1988.
Petitioner
By:
Authorized Agent
Title
94—126
—5—
Date
IT
IS SO ORDERED.
I,
Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify
that
the
above
Order
was
adopted
on
the
/~
day
of
,~L-~4-~-’
,
1988,
by
a
vote
of
7
—
/
/,
~~_//
~
Dorothy
4.
,Gunn, Clerk
Illinois Pcijlution Control
Board
94—127