ILLINOIS POLLUTION CONTROL BOARD

August

3,

1978

COMMONWEALTH EDISON COMPANY,

Petitioner,

v.

)

PCB 77—201

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

RICHARD E. POWELL

AND

EUGENE

H. BERNSTEIN,

ISHAM, LINCOLN

&

BEALE,

APPEARED ON BEHALF OF PETITIONER;

RUSSELL EGGERT, ASSISTANT ATTORNEY GENERAL,

APPEARED

ON BEHALF OF

RESPONDENT;

MICHAEL R. BERMAN,

CITIZENS FOR A BETTER ENVIRONMENT,

APPEARED

ON

BEHALF

OF INTERVENOR.

ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

It is the Order

of

the

Board

that:

(1)

Commonwealth Edison be granted variance from Rule

204(c) (1) (A) of the Board’s Air Pollution Control

Regulations for its Powerton Station until July

1,

1979 subject to the following conditions:

(A)

During

the

term

of

the

variance

Edison

shall continue

to operate the Powerton—

Edwards Supplemental Control System in

a manner so as

to protect the

Ambient

Air Quality Standards.

(B)

Edison shall execute the revised com-

pliance plan for Powerton Station as

outlined in its March 17,

1978 amended

petition for variance, which p~titionis

incorporated by reference

as if fully

set forth herein.

31—163

---

—2—

(C)

Commonwealth Edison shall report to

the Agency each quarter starting

September

1,

1978 on its progress

towards compliance and shall report

monitoring results for Powerton in

a manner acceptable to the Agency.

(D)

Edison shall continue the installation

of flue gas desulfurization equipment

on Boiler

#51.

CE)

Within 45 days of the adoption of this

Order,

the Commonwealth Edison Company

shall execute and forward to the Illinois

Environmental Protection Agency,

2200

Churchill Road,

Springfield, Illinois

62706

a Certification of Acceptance and

Agreement 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 ~o1lows:

CERTIFICATION

I

(We),_________________________________having read and fully

understanding the Order of the Illinois Pollution Control

Board in PCB 77-201 hereby accept said Order and agree

to be

bound by all of the terms and conditions thereof.

SIGNED____________________

TITLE_______________________

DATE_______________________

(2)

Failure to achieve final compliance by July

1,

1979

with Rule 204(c) (1) (A)

may result in a requirement

to pay a noncompliance penalty under Section 120

of the Federal Clean Air Act

(42 USC 741 et~.).

(3)

This variance shall terminate earlier upon any Rule

or Order entered under Section 125 of the Federal

31—164

---

—3—

Clean Air Act

(42 USC 741 et seq.)

requiring

Commonwealth Edison to burn Illinois coal at

Powerton.

Mr. Dumelle dissents.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Order was adotted on

the

day of

,

1978 by a vote of_____________

~

-7~,4~e/

Christan L. Moffett, Cler~’

Illinois Pollution Control Board

31—165