ILLINOIS POLLUTION CONTROL BOARD
August
4,
1977
CITY OF
BPEESE,
Petitioner,
v.
)
PCB 77—200
ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
ORDER OF THE BOARD
(by Mr.
Goodman):
On July 25, 1977,
the
City
of Breese
(Breese) submitted a
petition requesting variance from the particulate emission
standards of the Air Regulations
to allow operation of Breesets
Boiler No.
2 in the event of
an interruption
in
electric
power
from Illinois Power Company as
a result of employee strike
activity.
The Board in the past has refused to accept petitions which,
as here,
anticipate
an emergency condition before the fact,
and
request relief in case the emergency occurs.
The Variance Section
of the Environmental Protection Act does not envision such relief,
particularly since no final compliance with the regulations
is
proposed.
In addition,
there is no method by which the proposed
emergency may
be
defined.
The Board therefore will dismiss the
f3reese petition
as inappropriate and note that an emergency situ-
ation would be a
matter
of evidence
in any enforcement action that
might be brought before the Board subsequent to the use of
emergency equipment.
IT IS SO ORDERED.
Mr.
James Young dissented.
—2—
I,
ChrIstan L. Moffett,
Clerk of the Illinois Pollutio
Control
Board,
hereby certify the above Order was aç~optedon the
day
of
,
1977 by a vote of
‘I—,
Christan
L.
offe
fy4.erk
Illinois Pollution ~tro1
Board