ILLINOIS POLLUTION CONTROL BOARD

October17, 1974

MT. CARMEL PUBLIC UTILITY,

Petitioner,

vs.

PCB 74-280

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

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

This is a Petition for a Variance filed with the Board on

July 24, 1974. The Petitioner, Mt. Carmel Public Utility Company,

(hereinafter “Mt. Carmel”), asks for a variance from Rule 2-2.53

of the Air Pollution Regulations until October 31, 1975. In addition,

Mt. Carmel will be in violation of Rules 2O3(g)(l)(B) after May 30,

1975.

Mt. Carmel seeks to once again modify a previous Order of

the Pollution Control Board (hereinafter “Board”) by delaying the

retirement of one coal-fired boiler and delaying the conversion of

another coal-fired boiler until October 31, 1975.

Mt. Carmel’s operations have been the subject of numerous prior

Board actions, as noted below:

On February 17, 1971, the first Petition for Variance was received

by the Agency (PCB 71-15). Although that Petition was denied on

April 14, 1971, upon motion for rehearing the Petition was reconsidered

then granted November 11, 1971 (PCB 7l—15R).

On December 6, 1971, Petitioner moved for a Bond Reduction, but

that motion was denied January 6, 1972 (PCB 71-15R).

Mt. Carmel filed for a continuance of its Variance on August

4, 1972. which the Board on October 31, 1972 (PCB 72-330) extended

Petitioner’s Variance for one year.

Mt. Carmel asked for a further continuance on July 31, 1973

(PCB 73-300). The Board granted the continuance on October 18, 1973.

On December 14, 1973, the Board granted a further continuance to

Mt. Carmel, extending the compliance date from June 30, 1974 until

October 31, 1974. (PCB 73—300).

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Mt. Camel operates an electric power generating station and

supplies

steam for a nearby industry, all in Mt. Cannel, Illinois

within Wabash County. Three boilers are utilized in that process

which are designated as Boiler #1, #4 and #5.

Mt. Carmel’s Boilers #1 and #4 utilize approximately 25,000

tons of coal per year with an approximate ash and sulfur content

of 7.5 and 2.28, respectively. Heating value of the coal is about

12,026 BTU’s per pound. Boiler #5 uses approximately 33,700,000

pounds of No. 2 fuel oil per year.

Since the date of the Board’s last Opinion, December 13, 1973,

Mt. Carrnel has apparently not obtained a greater fuel oil allocation

which must be obtained before Boiler #1 can be converted, and Mt.

Carmel has made rather slow progress in completing the 138 KV line

to Albion, Illinois, which will interconnect with Central Illinois

Public Service Company (hereinafter “CIPS”).

However, the Agency states that many of the factors in this delay

are bey*nd Mt. Carmel’s control and to Mt. Carmel’s credit. The Agency

admits that two of the three major portions of Mt. Carmel ‘s compliance

program were timely completed. The third phase consists not only of

the construction of the 138 KV line interconnections with CIPS but also

of converting boiler #1 from coal-firing to oil firing and retiring

Boiler

#4. This is apparently being postponed indefinitely.

The Agency questions whether Mt. Camel has thoroughly examined

all the alternatives that exist. Mt. Carmel makes no mention in the

Petition of seeking to obtain an additional fuel oil allocation in

order to convert Boiler #1 to oil firing or seeking to renegotiate

the contract with its fuel oil supplier, if the contract is an

impediment to obtaining a greater allocation. Furthermore, Mt. Carmel

omits any discussion of the possibility of installing particulate

control devices which may enable the continued use of Boiler #1 as

a coal fired boiler which meets particulate and other emission

standards. The Agency feels that these two questions are important

ones which must be answered, especially in view of the fact that Mt.

Carmel intends to keep Boiler No. 1 available for standby usage once

the interconnection is completed. Moreover, these questions become

more important since Mt. Carmel still cannot provide a date certain

by which the interconnection will be completed.

The Agency has received no citizen complaints regarding Mt. Cannel’s

operations and has received no objections to the granting of this

variance.

Mt. Cannel does in fact foresee further delay since, in the

prayer of their Petition, they ask to “be allowed to file a petition

for a continuance of its variance 90 days prior to October 31, 1975,

upon a showing of satisfactory progress in connection with its

proposed 138 KV transmission line from its Keensburg, Illinois, sub-

station site to the CIPS substation at Albion, Illinois, and compliance

with such orders of the Board as may be made hereafter’.

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The Agency has recommended a denial of this variance. Giving

as its reasons the fact that Mt. Camel did not make a sufficient

showing that an arbitrary and unreasonable hardship exists in that

no reasonable alternatives are present to the granting of the Variance.

We agree more evidence must be presented to the Board in order

to justify the request for a one year variance.

We do not agree that a denial is the proper action to take.

We will grant a variance until April 30, 1975 and assume that Mt.

Camel will present a more complete petition in the future.

This Opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that Mt. Carmel

Public Utility Company be granted a variance from Rule 2-2.53 of the

Air Pollution Regulations until April 30, 1975.

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

Board, certify that thç above Opinion and Order was adopted on this

ii~’

day of

~

by a vote of

4j—e~

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