ILLINOIS POLLUTION CONTROL BOARD
November 14, 1974
STATE OF ILLINOIS
DEPARTMENT OF CORRECTIONS
ILL1~OIS YOUTh C~TER
PETITIONER
v
)
PCB 74—240
ENVIRONMENTAL PROTECTION AGENCY
RESPONDENT
MR. ROBERT AXELROD, ATTORNEY, in behalf of the ILLINOIS YOUTH CENTER
MR. PETER ORLINSKY, ATTORNEY, in behalf of the ENVIRONMENTAL PROTECTION
AGENCY
OPINION AND ORDER OF THE BOARD (by Mr. Marder)
This case comes to the Board on Petition of the Illinois Youth Cen-
ter, St. Charles, Illinois, for Variance from certain air pollution
regulations in order to operate three. coal-fired boile.is, filed 3une
25, 1974.
On June 27, 1974, the Board issued an Order requiring Petitioner
to file an Amended Petition containing information as to what rule or
regulation relief was being requested from, what the emission levels
were, and what the characteristics of the area surrounding the facility
were.
On July 16, 1974, the Lake Charlotte Property Owners Association
filed an objection to the grant of variance, alleging emissions from
the facility were of danger to health and safety and further were of
a nuisance level, by depositing gritty ~aaterial on the o~j~ectors’prop-
erty. Because of this objection, the matter was set for hearing. Chap.
111 1/2 I.R.S. Sec. 1037.
On August 19, 1974, Petitioner filed an adequate Amended Petition,
requesting variance from Rule 203 (g) (1) (A) of the Air Pollution Con-
trol Regulations.
On October 2, 1974, the Agency filed its recommendation that a var-
iance be granted from Rule 3-3.112 of the. Rules and Regulations Govern-
ing Air Pollution until December 31, 1974. On November 1, 1974, the
Agency filed an Amended Recommendation, changing the date the variance
should run to from December 31, 1974, to March 31, 1975.
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Hearing was held October 16, 1974, at the City Council Chamber, St.
Charles, Illinois.
The Illinois Youth Center, St. Charles, is a division of the Department
of Corrections. It is responsible for the care and custody of youths com-
mitted to the Department of Corrections as juvenile delinquents.
The plant in question is a power house used to supply steam for heat,
air conditioning, and hot water. The plant was also used to supply dcc—
tricity until June 1, 1974, when 40 of the load was reduced as the cen-
ter began buying electricity from Commonwealth Edison.
As a threshold question, Petitioner is requesting variance from Rule
103 (b) and Rule 203 (g) of the Air Pollution Regulations. Rule 103 (b)
requires Petitioner to have a valid operating permit. In general, the
Board does not give relief from this Rule, and will not do so here. The
Board’s usual procedure is to grant relief from substantive rules, so
that the Agency will be able to issue the permit. Petitioner has also
asked for the wrong relief by requesting variance from Rule 203 (g).
This rule does not become effective until May 30, 1975. Therefore, Pet-
itioner will only be protected if it receives variance from Rule 3-3.112
of the Rules and Regulations Governing Air Pollution, and the Board con—
siders the Petition so amended.
The plant has three 35 million BTU spreader stoker coal-fired boilers.
There is no control equipment on the boilers. The Agency calculates
(using AP 42) that emissions from the units will be 5.77 lbs. per million
BTU’s actual heat input. The allowable limit under Rule 3-3.112 is 0.6
lbs. per million BTU’s. The coal used in the boilers has the following
characteristics:
4.6 sulphur
12.8 ash
15.8 moisture
10,104 BTUts as fired.
Compliance for this plant is to remove one of the coal—fired boilers
from the plant and replace it with a gas—fired boiler. Problems were en-
countered in getting funding for this project. As originally envisioned,
the coal boiler was to be converted to gas, and funds were appropriated
in fiscal year 1972. When it became known that a new gas-fired boiler
was available, the amount appropriated for the conversion was cancelled.
The money needed for the installation of the new boiler did not become
available through the Capital Development Board until July 26, 1974,
when Governor Walker signed S.B. 1424.
Since that time, the money ($150,000) has been released by the Capital
Development Board, and an architect has been hired. Architects drawings
are to be done by Dec. 12, 1974, and contracts let by Jan. 15, 1975. Ex-
cept for unforeseen material shortages or strikes, the evidence shows the
work will be done by March 31, 1975. The Center has a firm contract for
natural gas to fuel the boiler. This work will bring the plant into com-
pliance with the Air Regulations.
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Hardship alleged is that if not given a variance the plant will
have to be shut down, and therefore the Center would not have any heat.
The area surrounding the Center is mostly rural, except for the Lake
Charlotte property. Therefore, the environmental impact of the dischar-
ges should not be great. The objectors and the Agency both agreed at
hearing that the variance should be granted if it would put Petitioner
on an enforceable time schedule. They fear if the variance were turned
down, that though the Center would be subject to prosecution, that com-
pliance might be delayed further (R. 58).
The Agency noted in its Recommendation that Petitioner could alter
its supply of coal to that with a higher BTU and lower ash content.
This would further reduce the emissions from the plant and will be so
ordered.
This Opinion constitutes the findings of fact and conclusions of
law of the Board.
ORDER
IT IS THE ORDER of the Pollution Control Board that:
1) Petitioner is granted variance from Rule 3-3.112 of the Rules
and Regulations Governing Air Pollution until March 31, 1975, subject
to the following conditions:
A) That within 60 days of this Order Petitioner shall begin
the use of coal having the following approximate charact-
eristics:
1. 2.7 sulphur
2. 7.0 ash
3. 16.5 moisture
4. 13,000 BTtJ’s lb. dry
B) Respondent shall, within 35 days from the date of this Or-
der, post a performance bond in a form satisfactory to the
Agency in the amount of $25,000 to insure compliance with
installation of equipment. Bond shall be forwarded to the
Agency at 2200 Churchill Road, Springfield, Illinois 62706.
C) Petitioner shall apply for all necessary construction and
operating permits within 21 days of this Order.
D) Monthly reports, beginning 21 days after the entry of this
Order, shall be forwarded to the Environmental Protection
Agency at 2200 Churchill Road, Springfield, Illinois 62706,
detailing progress toward compliance.
2) Variance from Rule 103 (b) is hereby denied.
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I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify that the above Opinion and Order was adopted by the
Board on the
~
day of
~
1974, by a vote of ~
to ~
.
14—414