ILLINOIS POLLUTION CONTROL BOARD

Nay 15, 1975

CITY OF CARLYLE, ILLINOIS,

)

Petitioner,

v.

)

 PCB 75—165

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

—

OPINION AND ORDER OF THE BOARD

 (by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon the City of Carlyle, Illinois~ (Carlyle) peti-

tion for a variance from Section 9(a)

 of the Act and 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 Boardts Air Pollution

regulations as applied to Carlyle’s Coal Fire Boiler #1.

Petitioner has failed to include a compliance plan for

its “contingent” boiler in its petition as provided in Rule

401(a) (1) of the Procedural Rules of the Pollution Control

Board.

 In addition, the petition fails to show that there

is any likelyhood that the variance would be used if granted.

See State of Illinois, Department of Health, Manteno State

Hospital v.

 EPA, PCB 74—352

 (1974).

 The petition must be

denied.

—

It

 is the order of the Board that the petition of City

—

of Carlyle, Illinois be denied and is hereby dismissed

—

without prejudice.

IT

 IS SO ORDERED.

—

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

Control Board, hereby certify the above Opinion and Order

were adopt d on the

 /..~‘1

 day of

~

 1975 by a

vote of

—~

.

‘

Christan L. Moffe~/

 lerk

Illinois Pollution

 ontrol Board

—53