ILLINOIS POLLUTION CONTROL BOARD

June

6,

1975

CITY OF MASCOUTAH,

)

Petitioner,

v

)

PCB 74—281

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 Mascoutah~s (Nascoutah)

July 25,

1974 variance petition and the September

11,

1974 amendment

thereof.

Nascoutah seeks a variance from Section

9(a)

of

the

Environmental Protection Act,

Rules

103(b) and 104 of

the

Air

Pollution Regulations,

Rule

3-3,112 of the Illinois

Air Pollution Control Board Rules and

Regulations

and

paragraphs

2(a)

and 2(b)

of the Order entered January 16,

1973 in PCB 72-219 as they apply to its

No,

2 boiler,

The

variance is sought for a one year period.

It is the Board~sopinion that,

due to certain de-

ficiencies in the petition and record, the variance must

be

denied~ Neither the record no~the petition contain any

information concerning the environmental £mpact of granting

the variance, The Supreme Court Opinion in Train v.

NRDC,

Inc,,

43 USLW 4467

(Supreme Court No,

73’~1742,April 16,

1975)

sets forth certain criteria which must be met before

a

variance beyond July,

1975, may be granted,

Petitioner must

show:

1)

Whether the ambient air quality of the affected

area meets the primary and/or secondary ambient air quality

standards;

2)

If the affected area does meet those stan-

dards, whether the granting of the variance would cause the

area to fail to meet those standards; and

3)

If the affected

area

does not meet the standards, whether the grant of said

variance would

contribute to the area~sfailure to meet

said

standards.

In addition,

Petitioner~srecord lacks any semblance of

a compliance plan for its No.

2

boiler, which is

prior to Board approval of any variance from the regulations.

17

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241

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It is the Order of the Board that the City of Mascoutah’s

variance petition be and hereby is dismissed without prejudice.

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

Control Board, hereby certify that the abov

Opinion and

Order were adopted pn the __________day of

_____________

1975 by a vote of

$.-o

Christan L. Moffet

/

lerk

Illinois Pollution

ontrol Board

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