ILLINOIS POLLUTION CONTROL BOARD

December 19, 1974

STATE OF ILLINOIS,

Department of Mental Health,

Manteno State Hospital,

Petitioner,

vs.

)

PCB 74—352

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

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

The Illinois Department of Mental Health seeks variance from

certain regulations in order~to operate three coal fired boilers

at Manteno State Hospital during “extreme emergency conditions”.

Manteno State Hospital is located three miles southwest of Manteno

Illinois and is operated for the care and treatment of the mentally

ill. Approximately 3,600 persons are at the facility either as

patients or employees.

Although Petitioner did not identify the Regulations from

which variance is souqht, the Environmental Protection Agency

notes that the following Regulations are applica’le: Rule 2-2.53

(until May 30, 1975) of the Rules and Regulations Governing the

Control of Air Pollution, Rule 103(b), Rule 202(b), Rule 203(g)

(1) (C), and Rule 204 (c) (1) (A) of the Air Pollution Control Regu—

lations. The last two Rules are effective May 30, 1975. This

variance therefore involves emissions of particulates and sulfur

dioxide, smoke opacity, and operating permits.

Petitioner reports that approximately $900,000.00 has been

appropriated by the Capital Development Board for projects at

the hospital. These projects include the conversion of 415 coal fired

boiler to gas/oil firing and installation of electrical equipment

to allow the use of purchased electrical power. Coal fired

boilers #9 and #10 will be shut down and removed from service upon

completion of the development. Total time for completion of all

projects is expected to be seventeen months.

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This variance is allegedly required for operation of the three

coal fired boilers in the event of failure of one or more of the

three gas fired boilers. Emissions from the three coal fired boilers

do not meet the allowable emission rates. Petitioner states “under

extreme emergency conditions it is very possible that full-time

residential services could not be provided for at least 1,800 residents

and emoloyees”.

Use of the coa~ fired boilers has virtually been discontinued

and in its Recommendation, the Agency points out that the three gas

fired boilers and two diesel generators at the hospital are currently

in compliance with all applicable Regulations. The Agency recommends

~:hatwe dismiss the Petition for Variance since Petitioner is seeking

a “contingent” variance and has not submitted any proof of the likelihood

of malfunctions of the gas fired boilers. This recommendation is in

line with the Board decision in: Stein, Hall & Company vs. EPA,

PCB 73—561.

The Petition will be dismissed since it has not been shown that

there is any likelihood that the variance will he used. Petitioner

is not currently in violation of any Rules or Regulations and we can

only speculate on the possibility of such a violation in the future.

We could indulge in similar speculation for most of the businesses in

Illinois. The variance procedure was not intended for such remote

possibilities and we have no alternative hut the dismissal of this

action without prejudice.

This Opinion constitutes the findina of fact and conclusion of

law of the Illinois Pollution Control Board.

ORDER

IT IS ORDERED by the Pollution Control Board that the variance

Petition be dismissed without prejudice.

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

Board, certify that the above Opinion and Order were adopted on the

____day of Decembe~

,

1974, by a vote of _______to

~.

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