ILLINOIS POLLUTION CONTROL BOARD

November 13, 1975

CANDY AND COMPANY, INC., a corporation,

Petitioner,

v.

)

PCB 75—441

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon the November 12, 1975, Petition of Candy and

Company, Inc. (Candy) for variance from Rules 103(b) and

203(G) of the Air Regulations for its coal-fired boiler.

Candy seeks variance for a boiler which is used as a

“standby unit... only operated in cases of emergency.”

Petitioner’s boiler was used only 5 days in 1975. The

majority of Candy’s business is processing wax, blends,

was emulsions, resin-wax combinations, resin solution with

combinations of lesser types of ingredients in the prepara-

tion of sanitary chemicals with heat.

Candy states throughout its petition that the boiler

in question is used solely in case of emergency to keep its

raw material lines from solidifying and to keep the premises

heated when and if its gas-fired boiler needs emergency

attention.

In State of Illinois, Department of Mental Health,

Manteno State Hospital v. EPA, PCB 74—352, the Board stated:

The Petition will be dismissed since it has not

been shown that there is any likelihood that the

variance will be used. Petitioner is not currently

in violation of any Rules or Regulations and we can

only speculate on the possibility of such a violation

in the future. We could indulge in similar speculation

for most of the businesses in Illinois. The variance

procedure was not intended for such remote possibilities

and we have no alternative but the dismissal of this

action without prejudice.

The Board re-affirmed that holding in Galesburg State

Research Hospital v. EPA, PCB 75-198. Candy is in the same

posture as Galesburg and Manteno. As it seeks variance

only in case of emergency, the Board must dismiss its Petition.

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This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

It is the Order of the Pollution Control Board that

Candy and Company, Inc.’s Petition for variance from Rules

103(b) and 203(G) of the Air Regulations be and is, hereby,

dismissed without prejudice.

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

Control Board, hereby certify the above Opinion and Order

were adopted on the

______________

day of

f)6-~e.~.~

1975 by a vote of

4-c,

Christan L. Moffe

,

lerk

Illinois Pollution ntrol Board

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