ILLINOIS POLLUTION CONTROL BOARD
    September 21, 1978
    ILLINOIS POWER CO.
    (BALDWIN STATION),
    )
    )
    Petitioner,
    v.
    )
    PCB 78—189
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by Mr. Goodman):
    On June
    30,
    1978,
    Illinois Power Co.
    (IPC)
    filed a Motion
    to Amend Order seeking amendment of the Board’s Order in
    PCB 75—109, entered on February 2,
    1978.
    On July 20,
    1978,
    the
    Board construed IPC’s Motion as a variance petition, assigned
    it docket no. PCB 78-189 and incorporated the record in
    PCB 75-109 into this proceeding.
    The Environmental Protection
    Agency
    (Agency)
    filed its recommendation on July 17,
    1978.
    The Board’s Order in PCB 75—109 granted IPC a variance
    from Rule 204(e)
    of the Air Pollution Regulations “until the
    resolution of R75—5 or June
    1,
    1979, whichever occurs
    first.”
    IPC had previously petitioned the Board for a site—specific
    rule change for Baldwin Station, docketed R77-9.
    The Board
    on May 11,
    1978 proposed a Final Draft Order in R75-5,
    Sulfur
    Dioxide Revisions, and proposed a revised Order on August
    24,
    1978.
    The Board has not proposed a Final Draft Order in R77-9.
    IPC requests that it be granted a variance until
    favorable action by the Board in R77-9, grant of similar
    relief in a proceeding under Rule 204(e) (3)
    if R75—5
    is
    adopted,
    or July 1,
    1979, whichever occurs first.
    IPC
    alleges that it will face a dilemma under its current
    variance if the Board acts in R75—5 prior to acting in R77-9
    because its variance would terminate,
    leaving it in violation
    of the standards, before resolution of its site-specific
    rule request.
    31—505
    —2—
    The Board notes that Baldwin has installed an intermittent
    control system at its Baldwin Station in order
    to predict when
    its emissions may threaten to breach ambient air quality
    standards so that it may prevent such a breach.
    The Board
    tied Baldwin~svariance in PCB 75-109 to R75-5 so that it
    could review the situation upon resolution of R75-5.
    However,
    the Board agrees that forcing Baldwin to control
    its sulfur dioxide emissions to whatever level may be required
    by R75-5,
    if adopted, prior to resolving Baldwin’s site-
    specific rule request would result in an arbitrary and unreason-
    able hardship.
    The Board will therefore grant Baldwin a
    variance from Rule 204(e)
    until favorable action by the
    Board
    in R77-9, the grant of similar relief in a proceeding
    under Rule 204(e)
    if R75—5 is adopted, or July 1,
    1979,
    whichever occurs first.
    IPC will be required to continue
    to adhere to the conditions detailed in the Board’s Order in
    PCB 75—109.
    This Opinion constitutes the findings of fact and conclu-
    sions of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that
    Illinois Power Co. be granted a variance for its Baldwin
    Station from Rule 204(e)
    of Chapter
    2 until favorable
    action by the Board in R77—9,
    the grant of similar relief
    in
    a proceeding under Rule 204(e)
    if R75—5
    is adopted, or
    July 1,
    1979, whichever occurs
    first,
    subject to the following
    conditions:
    1.
    IPC shall continue to adhere to the conditions
    detailed in the Board’s Order in PCB 75-109, entered
    on February 2,
    1978, which is incorporated by reference
    as if fully set forth herein, and
    2.
    Within 45 days of the adoption of this Order,
    Illinois Power Company shall execute and forward to
    Mr. John D. Williams, Technical Advisor, Illinois
    Environmental Protection Agency,
    2200 Churchill Road,
    Springfield, Illinois
    62706
    a Certificate 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:
    ~T1—5u6
    —3—
    CERTIFICATION
    I
    (We),
    ____________________,
    having read and fully
    understanding the Order of the Illinois Pollution Control
    Board in
    PCB
    78-189,
    hereby accept said Order and agree
    to
    be
    bound
    by all of the terms and conditions thereof.
    I
    (We)
    also certify that an intermittent control system was installed
    at the Baldwin Plant on
    ________________,
    1978 as required
    under
    the terms and conditions of the above-mentioned Order
    and the Board’s Order
    in PCB 75-109, entered on February 2,
    1978.
    Jacob
    D.
    Dumelle
    concurs.
    SIGNED
    TITLE
    DATE
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above
    inion
    and
    Order
    were
    adopt~on the
    &1~~
    day of
    \
    ,
    1978 by a vote
    Illinois Pollution
    trol Board
    31—507

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