ILLINOIS POLLUTION CONTROL BOARD
    December 18,
    1975
    CITY OF HIGHLAND,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 75—50
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelie):
    On February 3, 1975 the City of Highland, Illinois
    (City)
    came before the Illinois Pollution Control Board
    (Board) with a
    petition for variance from Section 9(a) of the Illinois Environ-
    mental Protection Act
    (Act), Rules
    102,
    103(b) (2),
    104,
    3—3.112,
    203(g) (1) (B)
    ,
    203(i) (4), 204(c) (1) (A) and 204(h) (2) of the Air
    Pollution Control Regulations
    (Air Rules), and from Board Order
    PCB
    71-284
    as applied to the City’s coal-fired boilers
    2,
    3, and
    4 at the Highland Municipal Electric Power Plant
    (Plant).
    A
    hearing was held on April
    30, 1975.
    The City requests a variance to allow it to operate the
    coal-fired boilers until the interconnection to the Illinois Power
    Company is completed.
    Thereafter, it seeks a variance to operate
    the boilers in case of an emergency.
    The interconnection, according to the City’s brief,
    page 7,
    was scheduled to begin operation on July 1,
    1975.
    However, at
    the hearing, it was stated that the interconnection would be
    operational by January 1,
    1976
    (Tr.4).
    That date is approaching
    quickly, yet the City has not informed the Board of the progress
    of that construction project in
    the past 7—1/2 months.
    The first order to retire the City’s coal-fired boilers was
    issued under an Air Contaminant Emission Reduction Program.
    The
    deadline was July 1,
    1971.
    Subsequent Board Orders were issued
    with the same goal.
    PCB 71-284 granted variance until January
    1,
    1972.
    This Order also was not complied with.
    On July 25,
    1974
    the Board denied a similar variance petition because it lacked
    a compliance program
    (PCB 73-288).
    The City has had almost five
    years to bring forth a good faith effort to cease its violations
    of the Air Rules.
    It has failed to do so.
    19
    -
    470
    —2—
    The Board will not grant a variance where the Petitioner
    fails to undertake a program which would result in compliance
    with the regulations.
    In this case, no compliance program is
    proposed to control emissions from the coal—fired boilers.
    Petitioner requests variances to operate the boilers until the
    interconnection ~iscompleted.
    Considering the City’s history
    of a lack of good faith, and absence of a compliance program,
    the Board must deny that portion of Petitioner’s variance request.
    The Board must also reject the City’s request for a variance
    to operate
    itth
    boilers on an emergency or stand-by basis after
    completion of the interconnection.
    This is because of the above
    mentioned lack of compliance program and lack of good faith,
    plus
    the Board’s policy not to issue speculative variances
    (City of Carlyle v.EPA, PCB 75—165
    (May 15, 1975);
    PCB 75-253,
    (July 17,
    1975)).
    On page
    9 of its Petition, the City states,
    “No matter how the Plant utilizes the interconnection agreement,
    it is flexible enough to allow the Plant to operate without depending
    on the boilers to produce electricity”.
    In that case, the Board
    finds no reason for the City to need a variance.
    The Board reaches
    these conclusions without finding it necessary to discuss the issues
    raised in the Train case
    (Train v. NRDC,
    NO.
    73—1742,
    7 E.R.C.
    1735,
    (April 16,
    1975)).
    This Opinion constitutes the Board’s findings of fact and
    conclusions of
    law.
    ORDER
    It is the Order of the Board that the petition of the City
    of Highland, Illinois,
    be and
    is hereby dismissed.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, here~certify the above Opinion and Order werç adopted
    on the ________day of December,1975 by a vote of
    ~.-Q
    Illinois Pollution
    1 Board
    19
    -
    471

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