ILLINOIS POLLUTION CONTROL BOARD
April
22,
1976
UNION ELECTRIC COMPANY,
Petitioner,
v.
)
PCB 76—88
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by Mr. Goodman):
On April
1,
1976,
Petitioner Union Electric Company filed
a
Petition for Variance from the hearing requirement of Rule 203(1) (5)
of Chapter
3 for its Cahokia Power Plant.
Rule 203(1) (5)
provides,
in pertinent part:
The owner or operator of
a source of
certain
thermal
discharges
shall demonstrate in
a hearing before this
Board not less than
5 years nor more than
6 years
after
the effective date of these regulations.
.
.
that discharges
from that source have not caused and cannot reasonably be
expected to cause significant ecological damage to the re-
ceiving waters.
If such proof
is not made to the satis-
faction of the Board,
appropriate corrective measures
shall
be ordered to be taken within a reasonable
time as deter-
mined by the Board.
(emphasis added).
Rule 203(i) (5) became effective
on
April
16,
1972.
Petitioner
would thus be required to participate
in a Rule
203(1)
(5)
hearing
sometime between April
16,
1977 and April
16,
1978.
However,
Petitionerts Cahokia Power Plant
is to be decommissioned by the end
of
1976.
Petitioner,
therefore,
seeks variance from the hearing
requirement of Rule 203(i) (5).
21—269
—2—
The Board finds that the Rule 203(i) (5) hearing requirement
does not apply to
a source which will be decommissioned prior to
April 16,
1977.
To require
a hearing
in such a case would be point-
less
in that even
if the Board found corrective measures to be apprr-~-
priate,
such measures could not be implemented prior to the de-
commissioning of the source.
Therefore,
the Board
finds
that no
variance
is necessary
in the present case,
and the Petition for
Variance is hereby dismissed without prejudice.
If the Cahokia Power Plant is not decommissioned or is re-
commissioned prior
to April
16,
1977,
the Rule 203(1) (5)
hearing
requirement would be applicable.
I, Christan
L. Moffett,
Clerk of the Illinois Pollution C~ntrol
Board,
hereby certify the above Order was adopted on the
~
day of
,
1976 by
a vote of
~
Illinois Pollution
Cc
21
—
270