ILLINOIS POLLUTION CONTROL BOARD
    August 14, 1975
    WESTERN ILLINOIS POWER COOPERATIVE, INC.,
    Petitioner,
    v.
    )
    PCB 75—192
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Zeitlin):
    This case involves a request for a Variance submitted
    by Western Illinois Power Cooperative, Inc., (WIPCO) to the
    Illinois Pollution Contrpl Board (Board), on May 6, 1975.
    The WIPCO petition seeks extension of an existing variance
    from Rules 203 (particulates) and 204 (sulfur dioxide) of
    the Air Pollution Regulations from July 1, 1975 to September 30,
    1975. PCB Regs, Ch. 2, Rules 203, 204. No hearing was held
    in this matter. A Recommendation from the Environmental
    Protection Agency (Agency) was received on July 23, 1975; a
    minor amendment to that Recommendation was received on
    ~Iu1y 30, 1975.
    The Board first granted WIPCO a Variance from the
    corresponding Rules and Regulations Governing the Control
    of
    Air Pollution, promulgated by the old Air Pollution Control
    Board, predecessor of this Board, on January 30, 1973.
    PCB 72-441 (January 30, 1973). Subsequent variances were
    granted on January 24, 1974, July 18, 1974, and December 19,
    1974. PCB 73—471, PCB 74—150, PCB 74—394, respectively.
    The last of those variances recognized that the old Rules
    and Regulations Governing the Control of Air Pollution would
    be superseded on May 31, 1975, and granted a further variance
    from Rules 203 and 204 of the Board’s Regulation until July 1, 1975.
    A.3. of the variances were subject to the same conditions
    contained in the original Variance grant, and those added in
    the subsequent variances.
    The original Variance, and all the subsequent variances
    have been granted to allow the installation of a wet scrubber
    control system at WIPCO’s Pearl Station generating plant, in
    Pike County, Illinois. The plant is a 22 megawatt coal-
    burning steam turbine power plant, with one unit fired by
    four burners; it is also equipped with a mechanical multiple
    cyclone dust collector. The single unit exhausts into a 203
    foot stack.
    18— 372
    —2—
    WIPCO once again claims that factors beyond its control
    have prevented completion of the wet scrubber system by July 1,
    1975. In this instance, redesign of the induced draft fans,
    low labor productivity, and equiPment procurement problems
    have been alleged. As was noted in the Agency Recommendation,
    which recommended that the variance be granted, these delays
    do seem to be beyond the control of Petitioner. WIPCO has made
    extensive good faith efforts to complete scrubber installation
    within the times co~teniplated in our earlier Orders. In
    the instant case, this has included a requirement that
    contractors work on extended work—day and work—week schedules.
    In examining this request for a Variance, the Board
    finds no reason to change its earlier approval of the
    proposed compliaflce plan. The period of time here requested
    is small, and the record contains no evidence of any damage
    which might result from a grant. The only remaining issue
    will be our consideration of the United States Supreme Court
    case, Train v. N.R.D.C., 43 EJ.S.L.W. 4467 (1975).
    In an Order dated Nay 8, 1975, the Board found that the
    petition submitted by WIPCO did not sufficiently address the
    questions raised in the Train decision. Although the Board
    did note that the ambient air quality in the vicinity of the
    Pearl Station was, in PCB 72—441, found to be within the
    federal Ambient Air Quality Standards, current and specific
    information was requested. In a subsequent Order, on June 6, 1975
    the Board allowed WIPCO additional time to submit the information
    requested. The requested information was submitted on June 16,
    1975, and confirms the Board’s earlier finding on ambient
    air quality in the area concerned.
    Although the Agency questioned the ability of WIPCO to
    conduct sufficient air monitoring within ten days, we find
    that the information submitted is sufficient. WIPCO engaged
    consultants to conduct a fairly thorough testing for sulfur
    dioxide, particu’~ates, and nitrogen dioxide in the area of
    the station. The test result, along with a computer model
    submitted, show that no ambient air quality problems are
    generated by the Pearl Station. The readings taken indicated
    values which are far below both primary and secondary ambient
    air quality standards.
    18— 373
    —3—
    Based on WIPCO’s good faith, the shorL period of time
    involved, and the ambient air quality data submitted, we
    feel that a grant of this Variance is well justified.
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board in this matter.
    ORDER
    IT IS THE ORDER OF THE POLLUTION CONTROL BOARD THAT
    Petitioner Western Illinois Power Cooperative, Inc., is
    granted a variance from Rules 203 and 204 of Chapter 2: Air
    Pollution, from July 1, 1975 until September 30, 1975,
    subject to the applicable conditions imposed in PCB 74-394.
    I, Christan L. Noffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted on the
    -
    day of August, 1975 by
    a vote of ~—O
    Christan L. Moffett, yi~r
    Illinois Pollution Cq~n~tolBoard
    18
    —
    374

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