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.
    40—61
    —2—
    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,
    40—62
    —3—
    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
    40—63

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