ILLINOIS POLLUTION CONTROL BOARD
    November
    2,
    1978
    ELECTRIC ENERGY,
    INC.,
    Petitioner,
    v.
    )
    PCB 78—227
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On August 23, 1978,
    Electric Energy,
    Inc.,
    (EEl)
    filed a
    variance petition before the Board.
    The Agency filed its
    recommendation on September
    25,
    1978.
    EEl waived its right to
    a hearing, and no hearing has been held.
    Ths subject of EEl’s variance petition is the Joppa Station,
    a 1050 megawatt electric generating station located in Massac
    County.
    In a prior variance proceeding, PCB 75-106, the Board
    granted EEl a variance from Rule 204(e)
    of Chapter
    2:
    Air Pollu-
    tion Regulations,
    for the Joppa Station.
    EEl’s compliance plan
    included the construction of three new 550 foot stacks by
    October
    31, 1978.
    In the variance petition filed in this matter,
    EEl indicates that it has experienced delays in constructing its
    new stacks and requests that its variance be extended until
    December 31, 1978.
    EEl has completed the other portions of its compliance
    program, which included installation of an ambient sulfur dioxide
    monitor and implementation of a fuel blending program.
    The con-
    ditions which have caused delays in the construction of the stacks
    are detailed in EEl’s petition.
    In July of 1978,
    the contractor
    responsible for the stack liners and duct work indicated that
    it
    might not meet the schedule.
    The contractor has adopted an expan-
    ded work schedule, but even with this schedule it appears that all
    of the stacks will not be connected to the generating units until
    November
    5.
    EEl indicates
    that, based upon experience
    to date
    and the tightness of the schedule, several more weeks’
    delay may
    occur.
    32—57
    —2—
    The Joppa Station’s maximum sulfur dioxide emissions were
    41,783 pounds per hour.
    The facility’s allowable emissions under
    Fule
    204(e) with stack height allowance of 407.3
    feet are 36,865
    pounds per hour.
    As required by the Order in PCB 75-106,
    EEl has
    implemented a coal—blending program which has reduced the rate of
    SO2 emissions to 36,865 pounds per hour.
    The area
    in which the
    Joppa Station is located is currently designated a non-attainment
    area for sulfur dioxide emissions.
    EEl has proceeded with its compliance program as expedi-
    tiously as possible.
    The two month variance sought herein is
    reasonable.
    EEl
    is using a coal blend in
    its boilers which will
    limit its maximum SO2 emissions
    to below 36,865 pounds per hour.
    The Board
    finds that denial of the requested variance would impose
    an arbitrary and unreasonable hardship on EEl.
    We will,
    therefore,
    grant EEl variance until December
    31,
    1978,
    subject to the condi-
    tions listed in our Order.
    ORDER
    It is the Order of the Pollution Control Board that Electric
    Energy,
    Inc., be and is hereby granted variance for its Joppa
    Station from Rules
    103,
    104 and 204(e) of Chapter
    2 until
    December 31, 1978,
    subject to the conditions listed below:
    1.
    EEl will construct and place in service all three
    chimneys with a total height allowance of 407.3 feet as
    soon as possible, but in no event later than December 31,
    1978;
    2.
    EEl will utilize
    a coal blend
    in all of its boilers
    at the Joppa Station which will limit the maximum sulfur
    dioxide emissions to 36,865 pounds per hour;
    3.
    EEl will submit sulfur dioxide ambient air monitor-
    ing data monthly reports
    to the Agency from its monitor
    which was scheduled to be installed no later than June
    30,
    1977,
    as required by PCB Order 75—106 dated September
    1,
    1977, and submit monthly reports using the ‘~Saroad
    Hourly Data Form”
    to the Agency;
    4.
    Upon completion of construction
    and commencement of
    service of the new chimneys, EEl will apply for an oper-
    ating permit indicating all modifications to previously
    submitted permit applications;
    32—58
    —3—
    5.
    EEl
    is hereby notified that,
    in the event it fails
    to achieve final compliance with Rule 204(e)
    by July
    1,
    1979,
    it will be required to pay a noncompliance penalty
    pursuant to Section 120 of the Clean Air Act
    a.s amended
    in 1977
    (42 U.S.C.
    7401 et ~~j;
    6.
    Within 45 days of the adoption of this Order,
    the
    Electric Energy Co.,
    Inc.
    shall execute and forward to
    Mr. John Williams, Technical Advisor, Illinois Environmen-
    tal Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706,
    a Certification of Acceptance and Agree-
    ment to be bound to all terms and conditions of this
    Order.
    The
    45 day period shall be held
    in abeyance during
    any period this matter
    is being appealed.
    The form of
    said certification shall be as follows:
    I
    (We),
    ___________________________,
    having read and fully
    understanding the Order of the Illinois Pollution Control Board
    in PCB 78-227, hereby accept said Order and agree to be bound
    by all of the terms and conditions thereof.
    SIGNED ___________________________
    TITLE
    ______________
    ___________
    DATE ________________________________
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, her~y certify the above Opinion and Order were
    adopted on the
    Q~’~
    day of
    fr~.4).~t
    ,
    1978 by
    a vote
    of
    __________
    Illinois
    Control Board
    32—59

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