ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    January 16, 1975
    CITY
    OP
    CAPLYLE,
    Petitioner,
    )
    v.
    PCB.
    73—264
    1.
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Respondent,
    MR
    JAMES
    E.
    BTJCRPIILLER,
    appeared
    on
    behalf
    of
    Petitioner;
    MR.
    JOHN
    PALINCSAR,
    appeared
    on
    behalf
    of
    the
    Environmental
    Protection
    Agency;
    OPINION
    AND
    ORDER
    OP
    THE
    BOARD
    (by
    Mr.
    Dumelle):
    The
    City
    of
    Carlyle
    (“Petitioner0)
    filed
    a variance
    petition on June 26, 1973.
    On
    July
    13,
    1973
    the
    Board
    determined
    that
    this
    petition
    was
    inadequate and
    ordered
    it
    dismissed
    with
    leave
    to
    file
    an
    attended
    variance
    petition.
    On
    September
    4,
    1973
    petitioner
    filed
    an
    amended
    variance
    petition
    seeking relief
    from
    Rule
    203(g) (1)
    (B)
    of
    the
    Air
    Pollution
    Regulations.
    Petitioner
    filed
    a
    motion
    for
    continuance
    and
    a
    waiver
    of
    the statutory
    9(1-day decision rule on November
    19, 1973 in order to conduct stack tests. Petitioner filed
    an amendment to its variance petition on Pebruary 15, 1974
    reflecting the results of stack tests conducted on January
    16 and 17,
    1974.
    The Environmental Protection Agency
    (“Agency”)
    filed a reccimnendation to deny the variance petition on
    May
    30,
    1974.
    No hearing was held in this matter.
    Petitioner operates a municipal power plant
    located
    within
    the
    City
    of• Carlyle in Clinton County.
    Petitioner’s
    power
    plant
    has
    a capacity of 9,250 EN.
    The subject of
    this
    variance petition, boiler 12, has a capacity of
    3,000
    RN.
    Boiler #2 is a coal-fired,
    chain
    gate,
    stoker
    type
    of boiler.
    This
    boiler
    is
    served
    by
    a
    160
    foot
    stack
    which
    lacks
    any
    pollution
    control
    equipment.
    The
    stack
    tests
    conducted
    by
    petitioner show
    that
    boiler
    #2
    emits 1.41
    pounds per million
    Btus
    (lb/MBtu).
    Petitioner’s
    Pebruary,
    1974 amended variance
    petition
    seeks
    relief
    from
    Section
    9(a)
    of
    the
    Environmental
    Protection
    Act,
    Rule
    2—2.53
    of
    the
    Rules
    and
    Regulations
    Governing the Control of Air Pollution
    (Air Rules), and
    Rules 103 (b) and 104 of the Air Pollution Regulations.
    15—237

    —2—
    Petitioner, together with 11 other municipalities are
    presently seeking an interconnection with Illinois Power
    Company and other members o~the Illinois-Nissouri power
    pool.
    This request was filed in December of 1974 before the
    Federal Power Commission
    (~FPC”). Petitioner alleges that
    to require compliance with the Act,
    the Air Rules,
    arid the
    Air Pollution Regulations would be arbitrary and unreasonable
    during the pendency of the petition before the FPC,
    Petitioner
    alleges that it will be in compliance by May,
    1975.
    Petitioner
    states that it is unable at this time to commit itself to a
    compliance program during the pendency of its petition
    before the FPC (Docket E-7514).
    Petitioner proposes to
    achieve compliance by interconnecting with Illinois Power
    Company after an FPC ruling to do
    so, Petitioner states that
    it will be in compliance because it will use boiler
    #2 for
    standby and will use equipment or fuel
    to achieve compliance,
    or may be able to retire the unit.
    If not ordered to connect,
    petitioner still alleges compliance by 1975.
    The Agency recommends that the Board deny the variance
    request.
    The Agency alleges that without an order to interconnect
    by the FPC, that petitioner would be unable to be guaranteed
    a steady supply of fuel oil.
    This coupled with the Federal
    Energy Office requirement of mandatory use of coal in coal-
    burning facilities would prohibit the conversion
    of this
    unit to oil burning to achieve compliance. The Agency further
    argues that petitioner has not shown an economic hardship in
    that it has not had an electric rate increase since 1946.
    The Agency states that the boiler #2, which has been used
    since 1950,
    should be amortized for the value of its entire
    useful life and that either petitioner should install controls
    on boiler #2 or retire and replace the boiler.
    The Agency alleges that if the FPC ordered interconnection,
    that because of the substantial savings of $341,250 in-
    terest
    from the delay in installation and $13,200 savings
    by the purchase of economy power,
    petitioner would be able
    to afford control equipment for boiler #2.
    The Agency
    further alleges that petitioner has pledged not to retire
    boiler #2 in the event of an order to interconnect with
    Illinois Power.
    The Agency alleges that petitioner has
    pledged the use
    o~
    boiler #2
    in
    its proceeding before the
    FPC (Agency Exhibit A,
    at
    pages
    9,
    15, and 20).
    The Agency
    further alleges that if
    the
    oiJ shorthge and resulting
    supply problems persist, that petitioner would
    then
    be
    forced
    to
    use boiler
    #2 over other oil burning units at its
    power plant.
    Therefore the Agency alleges that even with an
    order of interconnection that petitioner should proceed to
    install controls on boiler #2.
    15—238

    —3—
    The
    Board
    finds
    petitioner
    to
    he
    in admitted
    violation
    of
    Rule
    2--2.53 of the Air Rules which sets
    a maximum
    of
    0.6
    lbs/NBtu
    for
    particulate
    emissions,
    petitioner
    admits
    to
    discharging 1.41 lbs/MBtu of particulates.
    Petitioner’s
    request
    is
    similar
    to that
    in
    City of Highland v.
    EPA, PCB
    73—288,
    13
    PCB 167
    (July
    25,
    ~
    dismissed the City of Highland variance petition.
    Both the
    City of Highland and Carlyle are co—petitioners in
    the
    proceeding before the FPC
    to seek an
    interconnection
    ruling.
    Petitioner has presented no compliance program
    to indicate
    the method by which it will achieve compliance by May,
    1975.
    Petitioner proposes a delay while it seeks an FPC ruling.
    The petition before the
    FPC
    has been pending for a number of
    years
    (since at least May
    1972)
    with
    no resolution
    in
    sight.
    Petitioner has pledged the use of boiler
    #2
    as a standby
    unit in the event of an interconnection agreement,
    and
    proposes to use boiler #2 as a standby unit if not ordered
    to interconnect.
    The use of a
    unit on standby purposes
    would still require compliance with the numerical emission
    limitations.
    These limitations found in the Air Rules were
    first adopted on March
    26,
    1965,
    Petitioner has presented
    no ambient air quality data which reflect
    the
    effect of its
    emissions now in excess of allowable limits.
    Petitioner has
    presented no economic hardship which would demonstrate an
    arbitrary or unreasonable hardship if required to comply
    with the existing standards.
    For these reasonsq the Board
    finds that petitioner
    is not entitled to the requested
    variance relief on the record before us.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    The variance request filed by the City of Carlyle is
    hereby denied
    without prejudice.
    IT
    IS SO ORDERED.
    1,
    Christan L. Noffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted
    on
    the /~~_dayof January,
    1975 by
    a vote of V—O
    ~anL,~1o~
    Illinois Pollution
    trol Board

    Back to top