ILLINOIS POLLUTION CONTROL

BOARD

September 7,

1978

CENTRAL

ILLINOIS PUBLIC SERVICE

)

COMPANY,

)

Petitioner,

v.

)

PCB 78—78

)

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD (by Mr.

Goodman):

This matter is before the Board on a motion by Central

Illinois Public Service Company (CIPS) for relief from a Board

order in PCB 77-145 entered September 1, 1977. The Board construed

the motion as a new petition for variance from a Board order and

docketed the petition as PCB 78-78. Hearing was waived in this

matter, and the Board has received no public comment.

Condition 3 of the order entered in PCB 77-145 required CIPS

to submit an operating permit application to the Illinois Environ-

mental Protection Agency (Agency) on or before November 3, 1977.

In the interim, however, a coal strike prevented CIPS from stack

testing unit one under full load conditions with Illinois coal.

In addition, there were periods of time when the unit was out

of repair, or when severe weather intervened, or when the repre-

sentative coal stored for the purposes of the test was frozen and

could not be retrieved. Newton finally scheduled stack tests for

the unit during the week of June 12, 1978.

The Agency agrees that CIPS made some honest attempts to do

the stack tests but due to the circumstances was unable to do the

tests on schedule. The Agency therefore recommends that the variance

be granted subject to certain conditions. The Board finds that

it would be arbitrary and unreasonable not to grant CIPS a delay

in compliance with condition 3 of the September 1, 1977 order in

PCB 77-145 since CIPS was thwarted in good faith attempts to comply

with the Board order

by

extraneous circumstances.

The Board will

therefore grant CIPS until September 30, 1978 to comply with the

condition 3, in the event it has not already done so.

31—377

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—2—

This Opinion constitutes the findings of fact

and

the conclu-

sions of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1. Central Illinois Public Service Company be granted

a variance from condition 3 of the Board order

entered September 1, 1977 in PCB 77—145 until September 30,

1978 subject to the following conditions:

a. Stack tests shall be conducted at full load, and

an application for an operating permit shall be

filed with the Agency by CIPS prior to the termination

of this variance.

b. Within 45 days of the adoption of this Order, the

Central Illinois Public Service Company shall execute

and forward to John D. Williams, Technical Advisor,

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 follows:

CERTIFICATION

I, (We), _______________________________ having

read and fully understanding the Order of the

Illinois Pollution Control Board in PCB 78—78

hereby accept said Order and agree to be bound by

all the terms and conditions thereof.

SIGNED ___________________________

TITLE

__________________________

DATE______________________________

2. This variance shall terminate sooner upon compliance with

Section la. above.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order was adopt~don

the ¶k~

day of

_______________,

1978 by a vote of ~(-O

Illinois Polluti. Control Board

31—378